Hit and run driver drives over two women on Scottsdale sidewalk

photo: Tami M. Hoey

6/4/2020 7pm. A hit and run driver drove over the sidewalk and seriously hurt two women who were walking on the sidewalk in Old Town Scottsdale. Injuries are said to be serious, with one “fighting for her life”.

Police arrested a suspect, Allami Hussain, nearby a short time later.

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2-year-old dies walking on sidewalk

oops

3/7/2020 ~9:40am. Add this to the list of seriously how often does this happen?. A driver “lost control” and drove up on  the sidewalk, killing a 2-year old who was walking there with his parents. Hayden near Royal Palm Road, Scottsdale.

12news: 2-year-old dies after being struck by car in Scottsdale

 

 

Scottsdale settles bicyclist injury lawsuit

There was a bunch of information published about a settlement between a bicyclist injured in 2014 and the city of Scottsdale; After much back-and-forth the city eventually settled the case for $120,000; significantly less than the $1M ask, but significantly more than the city’s earlier offer of $60,000.

The city staff reports mention the cyclist had (already) settled with the driver, presumably the driver’s insurance, and as this was a strike-from-behind they probably just accepted liability. The theory of liability with the city is they should have, but did not, provide a bicycle lane or shoulder.

It provides an look at the machinations of personal injury law that those of us on the outside don’t usually see. Continue reading “Scottsdale settles bicyclist injury lawsuit”

Man murdered in Scottsdale

security cam footage of assailant escaping

2/22/2018,  N Scottsdale Road, near McDowell. Why this took over three weeks to make the news is very weird!? The assailant escaped after jumping into a black 1995 to 1996 black Nissan 200SX, with a 2nd suspect already in the vehicle. Police have so far not located the suspect or vehicle.

This will be a non-traffic statistic (because not a collision with a “motor vehicle in transport”)

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A couple of Scottsdale incidents involving bicyclist injuries

There have been a couple of serious injury collisions recently in Scottsdale this Spring… both say/hint the collisions were caused by (unspecified) driver distraction. Continue reading “A couple of Scottsdale incidents involving bicyclist injuries”

Man killed in Scottsdale collision

Details from news stories are vague; occurred 3/14/2014 ~ 5:30pm (daylight). “Investigators say Moeckel drifted into the traffic lane just before he was hit”. The victim’s was 71-year-old Larry Moeckel. The story doesn’t say but one would guess the collision occurred on Pima Road somewhere south of Dixileta Drive (since another news story said Pima was closed between Dixileta and Dyanamite Blvd). No direction was specified. Google maps view of Pima Road and Dixileta Drive. Continue reading “Man killed in Scottsdale collision”

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  ]

FileNumber: 1205761; will request the DR 12-05761

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.

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Scottsdale cyclist’s death shows problems with law

ADOT Incident=2335885
Location
Both units were eastbound; the road is a very fast, 2 through lanes each direction with a small (<2′ ?) open shoulder.
Of note, newer street views show this area was reconfigured sometime between 2011 and 2015, now has a substantial, I mean substantially wider than what was there at the time of this incident. Maybe four to five feet. Still open (no curb or gutter).

The Arizona Republic today ran a heavily researched article concerning the death of Cindie Holub in Scottsdale in February. It also delved into some comparative history into other strike-from-behind cases.

[also, here is the original AZ Republic story about the death]

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