Negretti & Associates had another incredible turn out for our second Fill-A-Bag party for the Phoenix Rescue Mission on Wednesday, November 15, 2017.

A huge thank you goes out to our incredible clients who have shown nothing but love and support donating to our endeavor to help make this world a better place.

We were able to donate 104 bags (1,012 lbs.) of food along with 25 bags (63 lbs.) of dog food to the mission this time.

We also want to thank Kneaders Cafe and Bakery in Scottsdale for letting us come and take over half of their restaurant to fill all of the bags.

From all of us at Negretti & Associates, we thank you!

Although swimming pools are a great source of entertainment and exercise, it is important for both parents and children to be educated about water safety and pool requirements in order to avoid unnecessary tragedy.

One of the countless benefits of living in Arizona is the many days of clear skies and sunshine.  Phoenix ranks fourth in the United States for annual days of sunshine, boasting 211 days of sunshine a year (Yuma, Arizona ranks number one).  With the amount of sunny days, it’s no wonder why the indoor-outdoor lifestyle is so common to Phoenicians.  Residents are accustomed to flip-flops year-round, daily applications of sunscreen, collections of sunglasses and swimming pools.

In most states, a swimming pool is a luxury, however, in Phoenix it is staple.  In fact, Phoenix ranks number one in the United States in residential pool ownership.

Two new reports from the U.S. Consumer Product Safety Commission (“USCPSC”) cited that 390 children drown each year in the United States, with the majority of this number occurring in the summer. Inez Tenenbaum, chairman of the USCPSC, puts that number into perspective explaining, “We are talking about 15 preschool classes lost in a pool or spa every year.”

In 2016 in Arizona alone, there were 157 water related incidents, 90 of which involved toddlers and infants, resulting in 16 deaths. In 2017 there have already been 44 deaths.  Subsequently, drowning is the leading cause of death in 1-4 year olds in Arizona.

Some of the common causes of drowning include:

• Lack of swimming ability
• No barriers surrounding the pool
• Parents lack of supervision in the bathtub
• Panic when in the water
• Boating accidents
• Fatigue
• Concussion, heart attack or seizure while in the water
• Alcohol use
• Nonuse of lifejackets

Lori Schmidt, president of the Drowning Prevention Coalition of Arizona, says the “ABCs” of preventing drowning remain the first and best line of defense when working at eliminating child drowning tragedies.  Schmidt states, “The No. 1 thing people need to understand is we can prevent drowning so we need to make sure we take those steps to lower our chances. Drowning prevention is a three-pronged approach with the key being adult supervision.” The three prongs (ABC) include: adult supervision, barriers to water access and life vests and coast guard approved CPR classes for adults.

Additional ways to prevent drowning include:

• Educating your child about pool safety, including, but not limited to: where they can swim, what activities are appropriate, if they may dive into a pool, what to do if they are struggling in any way, where the pool ladders or steps are located, what to do if another child is struggling in a pool and how to deal with pool or spa drains.
• Instructing your children on what drowning means.
• Installing pool barriers (it is the law). It is not enough to lock the house doors, children of all ages can think of crafty ways to open a locked door, go through a window or out a doggy door.
• Parents must educate themselves, including CPR, proper supervision, and correct installation of pool drains and covers.
• Appreciating and knowing the environment, including water depth, water current and terrain.
• Enrolling your child in swimming lessons, children are able to begin swimming as young as six months of age. Both Hubbard Family Swim School and Aqua-Tots offer classes to children as young as four months of age through advanced swimmers.  Additionally, both companies offer classes for special needs children.
• Never consuming alcohol while operating a boat or any type of watercraft.
• Knowing, and being honest, about you, or your child’s swimming level.
• Understanding how to choose and fit a life jacket.
• Recognizing the risk of a “dry,” or delayed drowning.

The Arizona State Legislature has recognized the importance of pool safety and passed A.R.S. § 36-1681 to prevent children from gaining unsupervised access to residential swimming pools.  The statute includes requirements such as: pool enclosure height (must be at least five feet high), door and gate measurements, when a wall or barrier is necessary and enclosure distance from the water’s edge.

In part, A.R.S. § 36-1681 states:

“A. A swimming pool, or other contained body of water that contains water eighteen inches or more in depth at any point and that is wider than eight feet at any point and is intended for swimming, shall be protected by an enclosure surrounding the pool area, as provided in this section.

1. A swimming pool or other contained body of water required to be enclosed by subsection A whether a belowground or aboveground pool shall meet the following requirements:
2. Be entirely enclosed by at least a five-foot wall, fence or other barrier as measured on the exterior side of the wall, fence or barrier.
3. Have no openings in the wall, fence or barrier through which a spherical object four inches in diameter can pass. The horizontal components of any wall, fence or barrier shall be spaced not less than forty-five inches apart measured vertically or shall be placed on the pool side of a wall, fence or barrier which shall not have any opening greater than one and three-quarter inches measured horizontally. Wire mesh or chain link fences shall have a maximum mesh size of one and three-quarter inches measured horizontally.
4. Gates for the enclosure shall:

(a) Be self-closing and self-latching with the latch located at least fifty-four inches above the underlying ground or on the pool side of the gate with a release mechanism at least five inches below the top of the gate and no opening greater than one-half inch within twenty-four inches of the release mechanism or be secured by a padlock or similar device which requires a key, electric opener or integral combination which can have the latch at any height.

(b) Open outward from the pool.

4. The wall, fence or barrier shall not contain openings, handholds or footholds accessible from the exterior side of the enclosure that can be used to climb the wall, fence or barrier.
5. The wall, fence or barrier shall be at least twenty inches from the water’s edge.”

Additionally, public swimming pools in Arizona must be in compliance with the Virginia Graeme Baker Federal Pool and Spa Safety Act.  The Act was signed by President Bush on December 2007, to prevent public swimming pool and spa accidents.

It only takes seconds for tragedy to occur.  Make sure that you have educated your household about the crucial elements of pool safety, so that your family may continue to enjoy Arizona’s sunny days and all the benefits a pool has to offer.   Should you need any assistance with a pool related injury, please contact Negretti & Associates for a free consultation.

Dogs are considered to be part of the family, offering a wide range of benefits — companionship, unconditional love, lower blood pressure, exercise, and opportunities for children to learn responsibility. Dogs are especially loved in Arizona, which has the highest percentage of dog owners in the United States. Approximately 1.7 million (43.3 percent) Arizona households include man’s best friend!

However, what happens if your beloved family dog bites another individual?

Common Law and Colorado’s “One Bite Rule”

Under the common law, a person that was injured by a dog could recover if they proved that the owner knew, or should have known, that the animal had a predisposition to cause harm. This was known as the “one bite rule.”

Under the Colorado “one bite rule,” an owner generally would not be held liable if his or her dog bit someone for the first time, because the owner would never have known that the dog had a predisposition to cause harm. However, once the dog had bitten someone (or growled and snapped), the owner would know that the dog had the ability to cause harm, and could be held liable if the dog bit a person in the future.

Colorado is included in a list of states that apply the “one bite rule.”

Arizona and California Dog Bite Law

Arizona and California, however, impose strict liability on the owner of a dog in dog bite cases. This means that in Arizona and California, dogs do not get “one free bite.” Owners will be held strictly liable for the injuries caused by their dogs without regard to an owner’s knowledge of the dog’s predisposition to cause harm.

Arizona Revised Statute 11-1025 and California Civil Code section 3342 govern dog bite cases. Arizona and California law explain that a dog’s owner is liable if his or her dog bites a person who is in a public place or lawfully in a private place when the bite occurs, “regardless of the former viciousness of the dog or the owner’s knowledge of its viciousness.”

Two common defenses that may be raised in an Arizona or California dog bite case include trespassing and provocation. Since both laws require the injured person to “lawfully” be in a public or private place when the injury occurs, a person who is trespassing would be on the premises unlawfully. Therefore, the trespasser would be unable to recover damages. Additionally, the statute states that an injured person cannot recover if the person “provoked” the dog. Although provocation was initially directed at military or police dogs, it is a common defense for household pets as well.

Damages

Although the dog owner is liable for any injuries caused by their dog, often their insurance company will ultimately pay for the damages. Additionally, rental, business and landlord insurance may also cover dog bite injuries. Some damages that may be recovered from a dog bite case include: lost wages, medical bills, future medical bills, therapy, pain and suffering and loss of quality of life.

Dogs add such a wonderful facet to life. Please take the time to review your state’s dog bite laws to keep your family, which includes your dog, and others safe.

Negretti & Associates Can Help

If you have been bitten by a dog, it’s important to get medical treatment right away. After that, you’ll need to begin collecting evidence as quickly as possible. Contact our team of dog bite lawyers so that we can evaluate your situation and help you determine if your case is worth pursuing.

With our fast-paced lives, daily demands, social stresses and technology an arm’s reach away, it is no wonder speeding through red lights is a major issue in the United States. According to the Insurance Institute for Highway Safety Highway Loss Data Institute (“IIHS”), an average of two people die a day due to red-light running accidents in the United States. Additionally, over half of those killed are pedestrians, bicyclists and drivers and passengers in other vehicles who are hit by right light runners.

This equates to $378 million lost in costs due to red-light running deaths each month. Private insurers pay approximately 50 percent of motor vehicle crashes, while third parties such as uninvolved motorists, charities, health care providers, federal revenues and state and local municipalities pay the majority of the leftover costs.

Red Light Law

The IIHS defines a red light running occurrence as a vehicle entering an intersection any time after the signal light has turned red. The IIHS explains that red light running frequently occurs at intersections because intersections involve many moving parts, including multiple roads, cyclists, pedestrians and vehicles. Consequently, it is no surprise that red light running is the number one cause of accidents in urban areas.
Stop signs and devices are placed at crossings and intersections in which the driver is required to come to a full stop. The limit line is the painted line that indicates where the driver should stop.
In Arizona, the procedure under Arizona Revised Statute Section 28-645(A)(3) for stopping at a red light is:

3. Red indication:
(a) …vehicular traffic facing a steady red signal alone shall stop before entering the intersection and shall remain standing until an indication to proceed is shown. On receipt of a record of judgment for a violation of this subdivision or an act in another jurisdiction that if committed in this state would be a violation of this section, the department shall order the person to attend and successfully complete traffic survival school educational sessions within sixty days after the department issues the order. Notwithstanding section 28-3315, if the person fails to attend or successfully complete traffic survival school educational sessions, the department shall suspend the person’s driving privilege pursuant to section 28-3306 until the person attends and successfully completes traffic survival school educational sessions.

(b) The driver of a vehicle that is stopped in obedience to a red signal and as close as practicable at the entrance to the crosswalk on the near side of the intersection, or if there is no crosswalk, then at the entrance to the intersection, may make a right turn but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal. A right turn may be prohibited against a red signal at any intersection if a sign prohibiting the turn is erected at the intersection.

The Importance of Stopping on Red

Each year the National Coalition for Safer Roads joins with other organizations to raise awareness about the risks of red light running during their National Stop on Red Week. Combined, the organizations came up with a list of the top reasons it is important to stop at red lights.

The reasons include:
1. Red light running is very dangerous and against the law.
2. Red light running causes preventable fatalities. The National Highway Traffic Safety Administration has a fatality analysis reporting system, which tracks fatalities across the United States. The map indicates the top ten most dangerous cities for red light running. Cities in Arizona, California and Colorado are all included:

3. Over $230 billion is paid annually by society for automobile crashes.
4. The grief involved with red light accidents is far-reaching. One in three Americans know someone that has been injured or killed in a red light accident.
5. Vehicle crashes are the leading cause of death in children age 4 and the second leading cause of death in children ages 3 and 5-14.

Red light running causes preventable fatalities. The National Highway Traffic Safety Administration has a fatality analysis reporting system, which tracks fatalities across the United States. The map indicates the top ten most dangerous cities for red light running. Cities in Arizona, California and Colorado are all included:6. Running a red light and getting into an accident does not just affect the at-fault driver. Statistics show that nearly half of the deaths that are caused in red light accidents are cyclists, pedestrians and drivers of other vehicles.

6. In 2014, 709 people were killed and an estimated 126,000 were injured in red light running accidents.
7. Motorists in urban areas are more likely to be involved in a red light running crash than any other type of vehicle collision.
8. Studies found that drivers that are involved in red light crashes are more likely to young, male and have prior accidents or alcohol impaired convictions.
9. Estimates suggest that over 36 percent of drivers continue to run red lights even after they are educated about the statistics.

Countermeasures to Reduce Red Light Running Accidents

There are many countermeasures that may be taken to reduce the amount of red light accidents. One such measure is replacing signaled intersections with roundabouts, which statistics show to have dramatically fewer injuries. However, it is not realistic or feasible to replace all intersections with roundabouts.

Additional measures include providing adequate yellow signal time, educating drivers about the “dilemma zone” (a short period where the light turns from green to yellow), adding an all-red clearance interval (a short period after a yellow light where all lights are red), making traffic lights more visible and reminding drivers to never drive distracted. Distracted driving accounts for accidents because a driver has ran a red light, however, it also is the cause of accidents when other vehicles are stopped at red lights and get rear-ended by a distracted driver.
Another countermeasure, albeit controversial, is red light cameras. A red light camera is a device that photographs drivers as they run red lights, automatically issuing tickets to the driver. Red light cameras are usually placed at busy or dangerous intersections to encourage drivers to stop at red lights.

Some arguments in support of red light cameras include:

• Red light cameras reduce accidents. A 2011 study done by the Insurance Institute for Highway found that red light cameras lowered red light running accidents by 24 percent.
• The fines paid when a driver gets a red light camera ticket fund community needs and highway safety functions.
• Statistics have found that red light cameras save money for taxpayers and the community. A single fatal crash costs society $6.43 million dollars.

We all lead busy and important lives. However, let’s remember that the average light cycle is 120 seconds, and 120 seconds of waiting at a light will always be worth it when it may save someone’s life.

When asked about causes of vehicle accidents, most people immediately think of impairment, such as alcohol, or distracted driving, such as texting. However, drowsy, or fatigued driving kills, and is a major problem in the United States. The Centers for Disease Control and Prevention defines drowsy driving as, “the dangerous combination of driving and sleepiness or fatigue,” and the National Sleep Foundation estimates that sixty percent of American adult drivers, about 168 million, say they have driven a vehicle while feeling drowsy in the past year, and more than one-third, approximately 103 million people, have actually fallen asleep while driving!

Additionally, the National Highway Traffic Safety Administration (“NHTSA”) estimates that drowsy driving was responsible for 100,000 crashes, 71,000 injuries, 12.5 billion in monetary losses and 846 deaths in 2014. However, these numbers are believed to be underestimated, as it is difficult to determine if fatigue caused driver error, and up to 6,000 fatal crashes may be caused by drowsy drivers each year.

The Warning Signs of Fatigued Driving

• Disconnected thoughts or daydreaming.
• Frequent blinking or heavy eyelids.
• Persistent yawning or rubbing your eyes.
• Feeling irritable or restless.
• Trouble keeping your head up.
• Trouble remembering driving the last few miles.
• Missing your exit, road signs or traffic signs.
• Hitting the rumble strips, tailgating or drifting into other lanes.

Fatigued driving is so dangerous because it impairs reaction time, reduces a driver’s vigilance and causes problems with processing information.

How to Determine a Fatigued Driver

In our fast-paced society people have learned to juggle many different responsibilities, including family, work and social life which may cause some to be exhausted by the end of the day. Although most people are prone to being fatigued at specific times, there are certain people that may experience a higher risk of fatigued driving, including:

• Shift workers: People who work rotating shifts, nights shifts, double shifts or work more than one job are six-times more likely to be involved in a fatigued driving accident. Shift work may also lead to certain disorders, for example, according to the Alaska Sleep Education Center, shift work sleep disorder is a circadian rhythm sleep disorder that is characterized by excessive daytime sleepiness and insomnia. People who tend to work unusual schedules have their circadian rhythms disrupted, which may cause a number of physiological and mental problems.
• Medication Side Effects: Many medications include sleepiness as a side effect. People that take these medications have a higher risk of fatigued driving. Examples of medications that have a sedating effect are: cold tablets, antihistamines and antidepressants, among others.
• Drivers with untreated sleep disorders: Drivers that do not treat sleep disorders such as obstructive sleep apnea (“OSA”), narcolepsy and insomnia have a higher risk than the average driver for fatigued driving accidents. In all of these disorders the most common symptom is excessive daytime sleepiness.
• Age: Young drivers, from teen years to 25 years old (especially males) are considered an age group that is most likely to be involved in a fatigued driving accident. According to the NHTSA, “drivers younger than 30 accounted for almost two-thirds of drowsy-driving crashes, despite representing only about one-fourth of licensed drivers. These drivers were four times more likely to have such a crash than were drivers ages 30 years or older.” There are many theories as to why young drivers are involved in such a high percentage of fatigued driving accidents, however, the most common theory is that inexperience combined with sleepiness and the tendency to drive at night increases risk.
• Commercial Drivers: People that drive a large number of miles and drive at night are at a much higher risk for fatigued driver accidents. Commercial drivers have also been found to be at a high risk for sleep disorders.
• Business Travelers: People who travel frequently for their jobs or for leisure who may be suffering from jet lag and crossing different time zones, or spending long hours behind the wheel are also at an increased risk of being involved in a fatigued driver accident.

Fatigued Driving Prevention

Many people believe that they can just “power through” a difficult driving situation by turning on the radio or rolling down their window to get some fresh air, however, these tactics do little to actually combat fatigued driving. There are better ways to prevent drowsy driving, before hitting the road drivers should:

• Get a good night’s sleep before a long drive.
• When taking longer trips plan to do the majority of your driving during the day.
• If you are feeling fatigued, or notice signs that you may be drowsy, and you have a passenger in the vehicle, ask the passenger to drive.
• If you are feeling drowsy, pull over and rest or sleep at a rest stop.
• Use caffeine, which will provide a short-term boost, however, the effects may only last up to an hour and do not provide a long-term solution.
• Consult your physician for diagnosis and treatment of any possible sleeping disorders.
• If you are driving a long distance, schedule regular stops every 100 miles or two hours.

Get Involved

The National Sleep Foundation sponsors Drowsy Driving Prevention Week, an annual, national campaign to raise awareness of the dangers of driving while tired. In 2016, Drowsy Driving Prevention Week was November 6-13. The campaign chooses a week in November every year; people that are interested in Drowsy Driving Prevention Week, or becoming a Drowsy Driving Advocate, may find more information here.