6/7/2014 afternoon bicyclist Rubin Pina Herrera, 57 was killed after he swerved/fell from the sidewalk into the roadway. Continue reading “Cyclist fell off sidewalk, and fatally struck by semi-truck”
Author: ArizonaBikeLaw
Every Bicyclist Counts
About two weeks ago, the LAB issued a report based on data they collected from the everybicyclistcounts.org site that was setup and run by Elizabeth Kiker (whom I guessed was an intern; but i really don’t know). Continue reading “Every Bicyclist Counts”
Catch-all 2013 Bicyclist Fatalities
Holding post for all 2013 AZ bicyclist fatalities not listed elsewhere on azbikelaw.org
10/8/2013 Victim’s name not known (to me)
odd not in news(?). Phx 13001797758, acr available. Heavy truck ran red light; in an oddly open-and-shut case (“Seven witnesses reported [truck] ran red light”), ACR shows driver charged w/causing death by moving violation; driver plead guilty M-0741-4735532
| 10/8/2013 | 1726 | Gabriel Robles Tapia, was INVISIBLE | 43/M | Phoenix / Maricopa | Union Hills Dr & 39th Ave | 65/M | (heavy) truck | odd not in news(?). Phx 13001797758, acr available. Heavy truck ran red light; in an oddly open-and-shut case (“Seven witnesses reported [truck] ran red light”), ACR shows driver charged w/causing death by moving violation; driver plead guilty M-0741-4735532 | 2767671 | click | 10/8/2013 17:26:00 | MARICOPA | PHOENIX | 201301797758 | DAYLIGHT | 0 | Union Hills Dr | 39th Ave |
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Murder Weapon?
Tidbits of information continue to trickle out related to the spate of three wrong way crashes that killed 7 motorists on Phoenix area freeways in three separate crashes in less than a week.
The suspect in the third wreck, Patricia Murphy was apparently drunk at the time, and additionally tested positive for some drugs. The wreckage of the Ford F-150 pickup she was driving is shown at right. Continue reading “Murder Weapon?”
Gilbert cyclist killed on charity ride
[UPDATE Aug 29, 2014 Verde Independent is reporting County Attorney has decided there will be no (criminal) charges, though the article mentions the driver “was ordered to be re-tested by the Motor Vehicle Division”. The relatively long delay was apparently awaiting driver’s toxicology results. The reporter didn’t mention in the article, but the driver was cited and plead responsible to a 28-735 violation in VV justice court TR-20144749. The online records don’t mention the amount of fine, that is whether or not the enhanced penalty of up to $1,000 was levied]
[UPDATE: July 29, 2014 Case against driver is still being reviewed by the County Attorney’s office. Also the victim’s surname was corrected: Hartline, not Hareline]
This lane appears to be clearly too narrow to share safely side-by-side with another vehicle RIDE IN THE MIDDLE OF NARROW LANES FOR YOUR OWN PROTECTION — this is not only legal, but recommended as best practice by all traffic safety experts. Note that this doesn’t change the driver’s responsibility — the driver is clearly responsible for causing this type of crash; the operator of the overtaking vehicle always has a duty to perform the maneuver safely, not to mention the 3-foot minimum. Later news stories said the location was more specifically Cornville Road just west of Beaverhead Flats Rd. Continue reading “Gilbert cyclist killed on charity ride”
More head-on freeway deaths
This time the wrong-way driver killed two; bringing the death toll for the three incidents in a week to SEVEN in three incidents.
Sun May 18, 2014 ~ 2a: The wrong way pickup driver, 68-year-old Patricia Murphy killed Michael Ruquet, 25, and his passenger Ashley Adea, 20 both of Mesa. Murphy had a passenger, her 9-year-old grandson; both are expected to survive Continue reading “More head-on freeway deaths”
Second wrong-way driver this week kills 3 more on freeway
So it’s been a bad week for Phoenix/Valley motorists; 5 dead in two head-on freeway collisions. Plus a bunch of serious injuries. Though presumably just a statistical coincidence to have two such fiery crashes in such a short amount of time, it certainly can serve as a reminder of the general dangerousness of traffic.
In the 1st incident on 5/12/2014 shortly after midnight off duty Mesa Police officer Brandon Mendoza; and wrong-way highly intoxicated Raul Silva Corona both died after colliding head-on. [Officer Mendoza’s case was mentioned in Families of slain Arizona officers wait for federal benefit, noting that a $340,000 federal benefit to the families of police officers killed in the line of duty isn’t available under federal benefit rules. Federal rules do not include driving to or from work to be “line of duty”]
In the 2nd incident 5/16/2014 on I-17, dead are; Evan Christian Hendriadi, 50; Jenny Sudjono, 70; and Lioe Kim Tjhiuw, 78. That crash left three others with serious injury (4 counting the wrong-way driver, a man in his 60’s who is suspected of being impaired. [minor UPDATE: police/DPS still haven’t named the driver. I was told on 8/1/2014 this is still the case because the suspect is still in the hospital, and has so far not been charged]
Other Random Motoring Mayhem
Brittany Nolan was charged with 2nd degree murder in connection Continue reading “Second wrong-way driver this week kills 3 more on freeway”
Driver Convicted: Another ped gets whacked on Phoenix SIDEWALK
[Jan 2016: case finally resolved, defendant/driver convicted and sentenced, see below.] Woman walking on the sidewalk in broad daylight killed by a hit-and-runner, Sunday March 3, 2013. I say ‘another’ because it was only about a week ago another unforunate soul was hit just standin-on-the-corner; fortunately she wasn’t killed. Seriously, how often does this happen? Continue reading “Driver Convicted: Another ped gets whacked on Phoenix SIDEWALK”
Fun with tables.
table from mysql -H html output:
| InjurySeverity | IncidentID | IncidentDateTime | Onroad | CrossingFeature |
|---|---|---|---|---|
| 5 | 2371350 | 2010-04-17 01:18:00 | 99th Ave | Camelback Rd |
| 5 | 2401688 | 2010-08-13 00:00:00 | 99th Ave | Union Hills Dr |
| 5 | 2416950 | 2010-10-31 11:03:00 | 99th Ave | Lindgren Ave |
table from myphpadmin:
| IncidentID | IncidentDateTime | Onroad | CrossingFeature |
|---|---|---|---|
| 2446148 | 2010-09-23 06:41:00 | Via Linda | 117th St |
| 2453234 | 2010-09-23 07:45:00 | Missouri Ave | 63rd Ave |
| 2445966 | 2010-09-23 08:22:00 | University Dr | Hardy Dr |
| 2451975 | 2010-09-23 11:10:00 | Ina Rd | La Cholla Blvd |
| 2451005 | 2010-09-23 13:49:00 | Colombo Ave | Charleston Rd |
| 2454504 | 2010-09-23 15:10:00 | Glenn St | Orlando Ave |
| 2454482 | 2010-09-23 15:31:00 | 8th St | Tyndall Ave |
| 2453231 | 2010-09-23 15:44:00 | Camelback Rd | 79th Ave |
| 2454471 | 2010-09-23 15:45:00 | Oklahoma St | 12th Ave |
| 2448706 | 2010-09-23 16:13:00 | 3rd Ave | Encanto Blvd |
| 2448069 | 2010-09-23 17:00:00 | Delaware Dr | Apache Trl |
DPS stats shed light on distracted driving
Basic Speed Law
It may be helpful to review the law referred to below by DPS; it is what’s known as the “Basic Speed Law”, in Arizona, it is
§28-701 Reasonable and prudent speed; prima facie evidence; exceptions
A. A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing. A person shall control the speed of a vehicle as necessary to avoid colliding with any object, person, vehicle or other conveyance on, entering or adjacent to the highway in compliance with legal requirements and the duty of all persons to exercise reasonable care for the protection of others…
In other words, if you run into something or someone you are not supposed to, you have violated the basic speed law; the infraction in that case is referred to as something to the effect of “failure to control speed”.
Recently in the wake of the death of DPS officer Tim Huffman due to what appears to be blatant distracted driving… and this being distracted driving awareness month; Arizona DPS is running a crackdown and general media campaign, and has released some Arizona numbers on distracted driving. Here is the DPS press release; a news story is pasted below.
summary: distraction of any kind is associated with about 1 in 10 crashes (1,160 out of ~ 10,000 crashes reviewed); and cell use was the cause of distraction in about one-quarter of those crashes (127 of the 1,160). SO DON’T JUST DWELL ON CELL PHONES. Continue reading “DPS stats shed light on distracted driving”
Arizona court ruling upholds DUI test for marijuana
[ 4/22/2014: in what is presumably the final update, the Arizona Supreme Court ruled (here is same doc archived by azcentral) 4-1 that it is not a DUI violation to be driving with the non-impairing marijuana metabolite in their bodies. In other words, the reversed the Court of Appeals ruling. Here’s a pretty good news item wrapup from the New Times. The lone dissenter offered a detailed analysis as part of the published opinion; I tend to side with her, that the majority overreached by concluding a flat ban, which is the plain language of the law, produces absurd results. But there you have it.]
This idea of any non-zero level of (a long list of) drugs, or their metabolites, being equated with driving impaired has always worried me; this recent CoA ruling affirms that this is proper. So, nothing to do with this case, i’m wondering if a decongestant, pseudophedrine (commonly found in many cold medicines) cause dui per 28-1381(A)3??? why or why not. I am chemistry challenged.
In the Court of Appeals, Div 1. No. 1 CA–SA 12–0211
STATE v. HON. HARRIS/SHILGEVORKYAN (if that link is dead findlaw0211). The caption of this case is a bit confusing, the Real Party in Interest is Hrach Shilgevorkyan. Harris is the name of the Superior Court commisioner.
There are three ways to run afoul of Arizona’s DUI statue. The most common would be #2, BAC > .08 (referred to as drunk per se), typically anymore it is via blood evidence; another way is #1 being “under the influence… if … impaired to the slightest degree”, typically via field sobriety tests. The third way, and the one at issue here is #3, “While there is any drug … or its metabolite in the person’s body”. Continue reading “Arizona court ruling upholds DUI test for marijuana”
Arizona Legislature considers defining motorized quadricycles
[UPDATE — this bill was passed, i believe in exactly the same form as was vetoed last year, we have a new governor. HB2211 in 52 1st regular session, 2015. The bill also included autocycles ]
[VETO — gov. Brewer vetoed this bill… “Brewer in her veto said the bill could pose a public-safety risk, primarily if passengers are drinking alcohol.” ]
Somewhere out of the blue; House trans committee chairperson Rep Karen Fann introduced an amendment that makes definitions and regulations for commercial multiple-person, pedaled, motor-assisted quadricycles. Often offered as a “party bus” where the riders drink and pedal around (presumably the driver remains sober). This is an amendment to SB1201 a striker bill that defined Autocycle as essentially an enclosed 3-wheeled motorcycle. Continue reading “Arizona Legislature considers defining motorized quadricycles”
Man killed while mowing the grass
[ Update: 3/6/2015. One of the drivers has plead guilty to manslaughter and agg assault in a deal ]
Killed while mowing the grass? Seriously, how often does this stuff happen? 52nd and Earll in Phoenix is a residential neighborhood:
Jose Angel Gonzales, 17, and Esteban Chavez Jr., 16, were reportedly racing down a residential street near Earll Drive and 52nd Street (Phoenix) on March 26, when Gonzalez blew through a stop sign and collided with a Toyota pickup. The pickup crashed through a cinder block wall and hit Grijalva, 61, who was mowing a lawn. — azcental.com
Octavio Grijalva Herrera later died of his injuries. The teens have since been indicted on eight charges including manslaughter, endangerment; Chavez was also charged with leaving the scene.
Automobiles are frequently driven negligently and go careening all over the place; like the Maricopa county deputy who was speeding 81mph along a Glendale street recently… fortunately only 1 person was killed in that incident; as can be easily seen from the video it’s only a matter of coincidence and luck that more weren’t killed by the out-of-control vehicles.
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The Arizona Republic had a nice, tear-jerking story reflecting on the victim. Phoenix landscaper killed by crash remembered, who was a veritable caricature of a hard-working immigrant (permanent legal resident; in case anyone was wondering). The story, as if on cue said “On this particular day, Hererra was in the wrong place at the wrong time.”, which is undoubtedly true.
Car Carnage Wrapup + GM Ignition Switch recall
Phew, 10 dead in just two incidents. In Arizona. In the past few days. The news had been dominated by headlines and Congressional hearings revolving around approximately 13 deaths over something like a decade ( and throughout the entire county, of course) that are linked to a defective GM ignition switch part. Here is how in one instance the defect is said to be linked to the driver’s death, from the Detroit Free Press describes how “…(the victim) got into her Chevrolet Cobalt, jammed down the accelerator and lost control in a nearby cul-de-sac, slamming into a tree. The impact crushed her against the steering wheel. She wasn’t wearing a seat belt; she’d been drinking, too. Despite the crash, the air bags didn’t go off…”. I don’t know if that’s typical or not, presumably some of the crashes could be due to loss of power (brakes/steering) but that’s besides the point…
I can’t help thinking that if as much attention were paid to the ~ 400,000 other traffic deaths that have occurred in the US over the past decade, we might get somewhere on the problem of traffic fatalities being a leading cause of death among Americans. Along the same lines as the gm-ignition switch; there’s an excellent editorial in the AJPH Sept 2014 (Vol 104 No 8) by human-factors traffic safety expert Leonard Evans recounting a similar drama with Toyota, but how US policy is topsy-turvey and misses the big picture due leading to “Twenty Thousand More Americans Killed Annually Because US Traffic-Safety Policy Rejects Science” Continue reading “Car Carnage Wrapup + GM Ignition Switch recall”
The UVC
UVC — Uniform Vehicle Code. A placeholder article for all things UVC. I don’t really understand the process, but it’s what I refer to as a quasi-official group/document, it has no weight-of-law, unlike e.g. the MUTCD, which is maintained by the federal gov’t, and incorporated by reference into Arizona (among many others) law.
The wiki article is very sparse; it links to the NCUTLO page, which still has a website but from what I understand is “on hiatus”; and the NCUTCD “inherited” maintenance for the UVC — see “evolution” below. See also azbikelaw.org/contrib/UVC/ for many old/historical references to UVC, especially pre-2000 versions. Continue reading “The UVC”