New Arizona Distracted Driving Law

Distracted driving can occur at any moment. Within a minute, anyone can be hit by a distracted driver on their phone. Lives can instantly be changed by one person on the road. Car accidents due to distracted driving can result in severe injuries, including death. In 2019 alone, Arizona had over 10,000 distracted driving accidents. To avoid the consequences of an accident, Arizona officially implemented a law on January 1, 2021, to ban the use of a cell phone or other electronic device while driving. Unless the device is being used in hands-free mode, drivers can now be pulled over and fined by law enforcement officers.

Arizona Texting and Driving Laws

The state of Arizona proposed the legislation after a law enforcement officer was struck and killed by a distracted driver who was texting. With rising cases of accidents due to distracted driving, action had to occur. While most states in the United States have already implemented texting and driving laws, Arizona has not until recently. If a driver is caught by a law enforcement officer using an electronic device while driving, they can be fined up to $149 for the first time they get pulled over and up to $250 for recurring incidents. However, if an accident is a result of distracted driving, the consequences can be even more severe. If the death or injury occurs, distracted drivers can face a misdemeanor and a six-month jail time. Furthermore, drivers can also have their license temporarily suspended and pay restitution up to $100,000.

Hands-Free Systems

While holding a smartphone or other electronic device in your hand while driving is now illegal, using a hand-free system is not. Hands-free tools can include a Bluetooth system. If your car comes with a Bluetooth system, take advantage of the tool while making calls. Using one earphone or a Bluetooth ear device is also acceptable. Even deciding to put your phone on speaker and not touching it is possible. The use of GPS navigation is also acceptable. The Arizona Department of Public Safety clearly states that drivers will be allowed to answer and end calls, engage and disengage a GPS device, use a wireless communication system or device to talk on the phone, use a vehicle navigation device, and report a crime or call for help. Do not risk your life and others by having your phone in your hand for one second. One moment can be life and death.

After a Distracted Driving Accident

If you recently experienced a car accident tragedy due to a distracted driver, Grayson Law is here for you. With years of experience, Jeffery L. Grayson with Grayson Law is here to help. Grayson offers services unlike any other law firm across the Pheonix metro area. With a multitude of injuries occurring in Arizona as a result of distracted driving, residents need someone to represent them through the complicated legal system. When an accident occurs, Grayson knows how to personally assist and represent all individuals. For more information, contact Grayson Law at 480-535-9650.

How Much Car Insurance Should You Carry in Arizona?

"But I thought I had Full-Coverage"...

Just a friendly reminder to check your auto insurance policy. When you signed up for insurance, you may have thought you purchased “Full Coverage” but you and your family may not be fully covered. 

“Full Coverage” usually only means you have 1.) liability coverage (this pays someone else’s medical bills, lost wages, and pain and suffering when you cause an accident), 2.) comprehensive coverage and 3.) collision coverage (these two pay for the repair or replacement of your damaged vehicle). 

If you or a family member are injured in a crash, “Full Coverage” might not be enough to compensate you. None of these coverages will pay your medical bills. You would need Medical Payment (MedPay) coverage for that. Also, if you are injured in a crash and the at-fault driver does not have auto insurance, your “Full Coverage” would do nothing to pay you for medical expenses, lost wages, or pain and suffering. That’d be Uninsured Motorist (UM) coverage. Finally, even if the at-fault driver has insurance, it may not be enough to cover all of your damages. In that case, you would benefit from Underinsured Motorist (UIM) coverage. 

MedPay, UM and UIM are additional coverages that are not usually included when you purchase “Full Coverage” auto insurance, but they can be the most helpful when you or your family are injured in a crash. 

Check your policy... Are you fully covered?

Elements required for a premises liability claim

It is the responsibility of Arizona business owners to ensure the safety of their customers while on the premises.

If you sustain injuries while shopping or conducting business due to a wet floor, parking lot potholes, broken sidewalks, ripped carpeting or similar issues, you may have grounds for a legal claim.  

There are three elements you must prove in order to prevail in a premises liability lawsuit: 

  • The legal status in which you were on the property. Usually, this falls into the categories of invitee, licensee, social guest or trespasser. Business owners tend to have a higher duty of reasonable care to invitees and social guests than licensees and trespassers. 
  • The hazardous condition must exist for an extended time, without anyone taking corrective action. For example, the store owner may be liable if they are aware the floor is wet and know it may cause someone to slip and fall, yet the owner does not clean up the area. The owner may also be liable if they know the problem could pose a danger to trespassers and children and do not take adequate action to fix or provide clear warning of the issue.
  • The premises violates building codes or other statutes. If you fall while using the stairs due to an inappropriate or missing handrail or because the sidewalk is in poor condition, it may be a building code violation. 

When a business opens its space to the public, there are requirements regarding the condition of the premises. Regular inspections can identify potential dangers. Displaying warning signs can help customers avoid the area. For significant issues, barriers can prevent the public from inadvertently entering the area. Failure to take the necessary steps can result in a lawsuit if you require medical treatment as a result of an injury such as a concussion, fracture or spinal cord damage.

Do you want to know more?

Visit this page on our website for more information on this topic. 

What must you prove in a slip-and-fall case?

If you are like most people, you probably think slip-and-fall accidents cause minor injuries such as strains, sprains or possibly a broken bone.

While some slips and falls do indeed result in these types of painful but non-serious injuries, others can be catastrophic. Unfortunately, a slip-and-fall could result in significant injuries, such as:

  • Traumatic brain injury
  • Partial or total blindness
  • Spinal cord injury with partial or total paralysis

To sue and prevail against the person who owns or manages the property on which you slipped or fell, you will need to prove the property contained a dangerous condition. Furthermore, you will need to prove the property owner/manager knew or should have known about this condition and failed to take the proper steps to fix it and/or warn of it. 

Specifically, you will need to prove the following: 

  • That the dangerous condition existed 
  • That it created an unreasonable risk to you and other people legitimately on the property 
  • That you could not have anticipated that the condition existed 
  • That the property owner/manager should have known that it existed 
  • That it existed long enough that (s)he could have alleviated it or, at the very least, warned you about it 

Basically, a slip-and-fall suit represents a civil premises liability lawsuit. In other words, the property owner/manager bears the responsibility to make his or her property reasonably safe for anyone who legitimately comes on it. If (s)he does not, (s)he is guilty of negligence and liable for your damages. These can include hospital and medical bills, pain and suffering and more.

What affects the number of car accidents in Arizona

The increase of urbanization has led more drivers on the roadways thus increasing the chance of an injury-related accident in Arizona. Certain times of days, months of the year and roadway conditions affect the number and frequency of accidents. These conditions also affect the amount resulting in fatalities and injuries.

The Arizona Department of Transportation issues an annual crash report. For 2018, there were 916 fatal crashes out of a total of 127,056 in the state. The month of October and Friday afternoons between 4PM – 5PM are the peak times for accidents. Fatal accidents tend to occur most often on Saturdays and between 8PM – 9PM. Speeding seems to be the most common reason for the accident to occur.

An injury caused from a driver speeding or drunk can cause problems for the victim years after the initial accident. With 28.73% of all accidents resulting in injuries, about 7% have suspected serious injuries. The number of injury crashes has gone down since the peak in 2016. With the highest urban population in the Phoenix area, there are naturally more crashes in the area.

The Population Reference Bureau says that worldwide the number of road traffic accidents has increased. Driver impairment including being tired, alcohol influenced, excess speeds, compromised visibility and drug influence can negatively affect the driver’s ability to avoid an accident.

The PRB site’s rapid population growth, poor road maintenance, poor road conditions and rapid motorization as key barriers to decreasing motor vehicle injuries and fatalities. Keeping drivers aware of what causes accidents can help decrease the number of motor-vehicle injuries.

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