Arizona Dust Storm Safety: Pull Aside, Stay Alive to Avoid Car Accidents

Arizona driving conditions can change quickly, especially when dust storms are in the forecast. Unfortunately, dust storms can occur with little warning and result in serious car accidents. Drivers need to use caution if they are caught in these sudden and blinding storms.

Tips for Avoiding Traffic Accidents in an Arizona Dust Storm

Dust storms can appear without much warning in Southern Arizona. Our Tucson car accident attorneys understand that they are very common along the dusty I-10 corridor that many people use when traveling between Tucson and Phoenix.

Each year, especially during monsoon season, there are several dust storm-related auto accidents along this stretch of Arizona interstate, some with fatal consequences. The possibility of blowing dust, high winds, and other conditions make driving during certain times of the year more dangerous. Wind gusts can reach 30 mph to 50 mph. Blowing dust can quickly result in limited or zero visibility for drivers.

Pull Aside, Stay Alive is a campaign by the Arizona Department of Transportation, in conjunction with several other agencies, to educate Arizona drivers on what to do in the event they encounter a dust storm. According to information provided by state and federal agencies, if you see a dust storm approaching, you should:

  • Immediately check the traffic around your vehicle.
  • Safely pull off the roadway as soon as possible. Waiting until visibility is poor can make it more difficult to locate a safe spot and pull over before you completely lose visibility. It is a good idea to note your location when you pull over in case you need to call for emergency assistance.
  • Do not stop in the emergency lane or a travel lane. You need to locate a safe spot to pull completely off the road to avoid being struck by another vehicle.
  • Turn off your vehicle lights, including your emergency flashers. Other drivers might attempt to use your lights as a guide and collide with your vehicle while misjudging the distance.
  • Take your foot off both pedals and set your emergency parking brake.
  • Remain in your vehicle with your seatbelt securely fastened until the storm passes.
  • Never drive into a dust storm. You will lose all visibility.
  • If you have a high-profile vehicle, you should always be aware of changing weather conditions, especially high winds, and adjust your speed accordingly.

Arizona DOT has several informative videos online that provide additional information and safety tips for avoiding dust storm-related car accidents. Drivers can visit ADOT’s Arizona Traveler Information website or call 511 to find out about road closures and travel hazards statewide.

What to Do If You Are Involved in a Dust Storm Accident?

Call 911 for emergency assistance. Let the operator know your location and whether you need emergency medical assistance.

If the accident occurred during a dust storm, another driver could be liable for your damages if that driver was negligent. For instance, if a driver did not pull over or was driving too fast for conditions, they could be liable for damages arising from an accident.

Contact a Tucson Car Accident Attorney for Help

As soon as possible, contact our office to discuss your case with an experienced car accident lawyer in Tucson. Call Hollingsworth Kelly today at (520) 882-8080 or contact us online to schedule a free consultation.

 

Distractions Put Teen Drivers at Risk for Car Accidents

Receiving a driver’s license is a rite of passage many teenagers look forward to is. Having a driver’s license gives a teenager freedom and autonomy. But as exciting as this new-found independence can be, driving can quickly turn deadly for teenagers. Car accidents are the leading cause of death for teens in the United States. More than 250,000 teenagers between the ages of 13 and 19 years were treated in emergency rooms in 2019 for injuries sustained in motor vehicle accidents. That same year, 2,400 teens in the same age bracket died in car crashes.

Are Teenagers Dangerous Drivers?

Teenagers are not inherently dangerous drivers. However, their inexperience behind the wheel, combined with a higher tendency for risk-taking, immaturity, and easily distracted nature means that teens are at a higher risk of being involved in a car crash. Teen drivers are four times as likely to be involved in an accident compared to adult drivers. Their risk of being in a fatal collision is highest during the first six months after obtaining their driver’s license.

What Can Parents Do To Protect Teen Drivers?

Teen drivers can be easily distracted by texting, talking on a cell phone, grooming and having other teenagers in their vehicle. Often teenagers are not fully aware of the risks involved in distracted driving, nor how just a few seconds of distraction can have deadly consequences.

Many states, including Arizona, have a Graduated Driver’s License (GDL) program that allows young drivers to gradually transition into gaining full driving privileges. Instead of permitting a teen driver to have full driving privileges as soon as they receive a driver’s license, a GDL program incorporates driving restrictions to help teenagers gain experience behind the wheel before allowing them to drive freely.

For example, Arizona prohibits teens with a GDL from driving between midnight and 5 a.m. for the first six months unless certain conditions are met. A teen driver with a GDL may generally not drive with more than one passenger under the age of 18. Teens and parents are responsible for knowing and following all restrictions associated with a GDL.

Parents may also want to enroll their child in additional private driver training beyond what is required to obtain an Arizona driving permit or graduated driver’s license. There are online resources for parents and teenagers that can be very useful in educating teens about the dangers of distracted driving and how to develop good driving habits that can protect them and others on the road. One program is the National Safety Council’s DriveitHome, which provides resources parents can use to help educate and protect their teen drivers.

Parents may also want to invest in new technology that can help prevent teen distracted driving. Some insurance companies have apps that monitor driving behaviors such as speed, turning too aggressively, and hard braking. Parents can also invest in technology that turns cell phones off when a teenager is driving.

Call a Tucson Car Accident Attorney for Help

Many insurance companies may automatically blame a teen driver for an accident without thoroughly investigating the cause of the crash. If your teenager was involved in an accident caused by another motorist, you need trusted legal advice from an experienced Tucson car accident attorney. Don’t let your teen driver be blamed for a crash that was not their fault. Call the legal team at Hollingsworth Kelly at (520) 882-8080 or contact us online to schedule your free consultation.

What to Do After a Bicycle Accident

No matter how carefully you ride your bike, a bicycle accident may inevitably happen. There are more bicyclists on the roads than ever before, and that means there is more potential for bicycle accidents. Since 2000, the number of people riding their bikes to work increased by 60%.

Many cities have taken action to increase safety for bicyclists, including developing designated bike lanes and providing public safety information. Many other cities have not taken these steps, however, and bicycle-related accidents continue to be a problem.

Cycling in the Old Pueblo

Last year Bicycling magazine compiled a list of the “Best Bike Cities in America;” Tucson ranked 24th out of 50 cities. The editors cited Tucson’s extensive network of off-street bike paths and Tucson’s Bicycle Boulevard Master Plan, which aims to develop 193 miles of bicycle boulevards in the city, as positives. They noted that Tucson’s high fatality rate for bicyclists (six deaths per 10,000 riders) prevented them from ranking the Old Pueblo higher.

In spite of Tucson’s commitment to making the streets safer for cyclists, Tucson has nearly the highest rate of accidents involving bicycles in the US. In 2017 Forbes magazine dubbed Tucson the second most dangerous city for riding a bicycle.

Both drivers and bicyclists should be aware of some of the most frequent causes of bicycle accidents. These include distracted driving (both driver and bicyclist), failure to yield to a bicycle, dangerous road conditions, and riding at night.

Bicycle Safety

May is National Bike Month, where cyclists celebrate the many benefits of bicycling. But first and foremost, safe cycling is the priority for young and old.

To help keep riders safe, Pima County offers bicycle safety classes that include Traffic Skills 101 and a bicycle mechanics class. Riders can also learn about the Pima County Bike Buddy Program that teams experienced riders with novice cyclists. The safety classes may include free bike safety items such as lights, helmets, and locks. 

The top bicycle safety tip promoted by the National Highway Traffic Safety Association is to wear a helmet. Riders and parents with young children should also ensure that helmets fit properly, because an ill-fitting helmet may offer little to no protection in the event of a fall or a collision.

NHTSA’s bicycle safety initiatives provide the following tips for safe cycling:

Tips if You Get In a Bike Accident

Even if you’re careful, you may find yourself involved in a bicycle accident. If injured, you should know what to do in the aftermath. Consumer Reports provides some tips to help you know what to do in the event of a crash.

  • Move off the road and assess your injuries. The shock of the crash may mask what you feel at the scene; injuries may reveal themselves once the shock wears off.
  • Either you or someone at the scene (if you are unable to do so) should get information from the driver of the vehicle, including their phone number, information about their car, license plate, and insurance information.
  • It is a good idea to take a picture of the license plate and the driver’s insurance card. Also, get names and contact information from any witnesses at the scene.
  • Call 911 to report the crash. If you are injured, the police should come to the scene and prepare an incident report. Ask the driver to stay at the scene until the police arrive.
  • At this point you may not know the extent of your injuries and damages, so avoid accepting any offers of compensation from the driver.
  • Make sure you write down the details of the crash for yourself so you can remember exactly what happened.
  • Depending on your injuries you may not need to be transported by ambulance, but it is important to get yourself checked as soon as possible. Even if you don’t feel injured at the moment, it is always a good idea to get medical attention.
  • Likewise, get your bike inspected to make sure there isn’t any hidden damage that could crop up later.
  • Talk to an attorney before making any statement to the insurance company, especially if you’re injured.
  • Finally, read more tips to keep safe when riding a bicycle.

If you have been injured in a bicycle accident, consult the experienced bicycle injury attorneys at Hollingsworth Kelly.

Pedestrian Accidents Increase in Arizona

Pedestrian accidents causing serious injury or death have seen a dramatic increase in Arizona. In Tucson, a 17-year-old Cholla High School student walking to school last month was tragically killed by a speeding motorist as she tried to cross a busy westside street. In January, two pedestrians were killed while attempting to cross local streets. One was a man who was struck by an SUV as he crossed an eastside street. The other was a young man who was celebrating his birthday just after the new year and was hit by a truck as he crossed a dark road on the northwest side of town.

When a pedestrian is killed it is a devastating loss for the victim’s loved ones and friends, but it’s also tragic for the at-fault motorist who will have to live the rest of his life knowing he was responsible for someone’s death.

According to the Arizona Governor’s Office of Highway Safety, fatalities in Arizona increased more than 40 percent in a four-year period, with 228 pedestrian fatalities in 2017 compared with 160 in 2013.

The Governors Highway Safety Association released a report last year showing pedestrian deaths at levels not seen in decades. Arizona was one of four states that experienced almost half of all pedestrian deaths, and was ranked first in the nation in pedestrian fatalities. In Tucson there were 28 pedestrian deaths in 2018, up from 24 in 2017 and 12 in 2016.

Factors Contributing to Pedestrian Accidents

The Arizona Governor’s Office of Highway Safety is working with local and national officials to determine the causes of the increase in pedestrian traffic deaths and to create awareness across the state about precautions both motorists and pedestrians should take when on the road.

Several factors have been identified as contributing to the increase in pedestrian accidents. A major one is distracted driving, particularly with the rise of cell phone use. Drivers who are paying attention to their cell phones aren’t paying enough attention to the road, or to pedestrians crossing in front of them.

We know that distracted driving is dangerous, but so is distracted walking. Texting, talking on your phone, checking e-mail, and playing games on a cell phone are dangerous distractions that pedestrians may not realize put them in danger, especially when attempting to cross a street.

The rise in pedestrian deaths has also coincided with the popularity of SUVs. Their larger size, heavier weight, and higher clearance makes it more likely that hitting a pedestrian will have deadly consequences.


Pedestrians not crossing at an intersection, wearing dark clothes at night, or being under the influence of drugs or alcohol puts them at increased risk of being hit by a car.

For drivers, speeding, being impaired by drugs or alcohol, making a right or left turn without checking for pedestrians, and not respecting crosswalks are preventable behaviors that can reduce pedestrian deaths.

Pedestrian Safety in Tucson

Tucson city officials have been working to make local streets safer for pedestrians. Tucson installed High-Intensity Activated Crosswalk (HAWK) signals to help citizens cross streets more safely. A pedestrian who wants to cross a street activates the signal, which changes from yellow to red to alert traffic to stop.

Tucson installed the first HAWK signal in 2000. Since then, they have been 90 percent effective in making drivers aware of pedestrians preparing to cross a roadway. Currently Tucson has more than 100 HAWK signals, and the city recently received a grant from the Federal Highway Administration to install six more.

Avoiding Pedestrian Traffic Accidents

Both drivers and pedestrians can take steps to prevent pedestrian accidents. Drivers in Arizona must yield the right-of-way to pedestrians, whether they are in a marked or unmarked crosswalk.  All intersections on public roads have crosswalks. If they are not marked, they are designated by an “imaginary” line where the sidewalk or edge of the roadway crosses the street.

Drivers are also required by law to exercise due care to avoid striking a pedestrian. Here are tips to help motorists share the road safely with pedestrians:

  • Use your turn signal to let pedestrians know when you are changing lanes or turning at an intersection.
  • Be aware of pedestrians near the roadway; be particularly aware of the presence of children or anyone who seems incapacitated or confused as they may suddenly dart in front of traffic.
  • Make sure you slow down when pedestrians are nearby, as the chances of serious injury or death increase with speed. While a pedestrian hit at 20 mph has a chance of survival of 95 percent, those odds decrease to 16 percent at 40 mph. 
  • It is against the law to pass a school bus with flashing lights and an extended stop sign, so you must always stop. Even if the lights are not flashing, watch out for children around the bus, who may dart into traffic without notice.
  • Pay attention to the road when driving. Don’t be distracted by activities such as checking a cell phone or texting while driving. 

Pedestrians should also exercise caution when walking along a roadway or crossing a street. When crossing a road anywhere other than at a marked or unmarked crosswalk, a pedestrian must yield the right-of-way to vehicles. The following tips will help you stay safe when walking on or near a roadway:

  • Always make sure that you can see traffic.
  • If crossing a street or roadway, try to cross at a location that gives you the best view of traffic and where drivers can best see you.
  • Don’t assume that drivers will always stop, even if you are at a crosswalk. Make sure everyone is stopped before you step onto the road. Be particularly aware of turning vehicles, as they may be looking at oncoming traffic and may not see you.
  • Make sure you are visible. Walk toward traffic and wear bright or reflective clothes at night.
  • When walking in a rural area, walk as far off the roadway as possible.
  • Stay alert when crossing a street. Don’t use headphones, cell phones or anything that may distract you from safely crossing the street.

Being alert on the road, both as drivers and pedestrians, can save lives.

Talcum Powder Lawsuits Prove Strong Cancer Risk

Johnson’s Baby Powder has been a staple in many households for over a century, but recent talcum powder lawsuits against the conglomerate have exposed the cancer risks associated with its use.  

First marketed by Johnson & Johnson (J&J) in 1894, Johnson’s Baby Powder became a staple to prevent diaper rash, but other uses for the powder were soon discovered, and it became widespread in many other products marketed to consumers.

Baby powder is known to be an absorbent, light substance, making it ideal for many uses. Besides its use as a baby powder, the company marketed the powder as a feminine hygiene product for women because of its ability to absorb moisture and prevent rashes. It was also formulated for use in cosmetics, deodorants, and dry shampoos. Innovative consumers found it useful for everything from keeping playing cards from sticking together to freshening shoes.

The product contains talc, a soft mineral that is mined, then ground into a powder referred to as talcum or talc. Talc by itself is not known to be harmful. The issue is that it occurs naturally in the ground along with asbestos, which is a known cancer-causing agent.

It has been clearly shown that asbestos causes cancer, including ovarian and lung cancer, mesothelioma, and laryngeal cancer. Because talc and asbestos are mined together, this close link may be the source of cancer risk when using talc products.

Whether talcum powder increases the risk for cancer has been studied and discussed for many years. Recent developments make it more important than ever for consumers to understand the controversy that’s been brewing around talcum powder.

As early as the 1950’s, laboratories found contaminants in talc used by J&J that appeared to be consistent with asbestos, which is often described as fibrous or needle-like. Since that time, studies by several laboratories also showed these impurities.   

Scientists started questioning the relationship between talc and ovarian cancer as early as 1971. In that year a scientific paper reported the results of a study that examined tissue from ovarian tumors. The scientists found talc particles in the tumor tissue, and pointed out the connection between talc and asbestos. Other studies demonstrated the movement of talc particles to the ovaries. This sparked curiosity about the connection with ovarian cancer.

Research from several other studies since then on women with ovarian cancer who used talcum powder has shown everything from no risk to a moderate risk. One study that looked at over 8,000 cases found a risk of ovarian cancer between 20 and 30 percent in women who used talcum powder for feminine hygiene.

The link between talc and asbestos is troubling, but it’s notoriously difficult to prove what may cause a certain type of cancer.

Despite the studies and mounting evidence of the link between talcum powder and ovarian cancer, J&J continued to market it, and insisted that its powder did not contain asbestos. However, a recent investigation by Reuters reported that the company may have known their talcum powder was contaminated with cancer-causing asbestos. According to this report, company documents uncovered as a result of talcum powder lawsuits show that from 1971 to the early 2000s, the talc J&J used would sometimes test positive for asbestos.

Internal J&J reports reviewed during this investigation show that most of their testing didn’t show any asbestos, but also noted that J&J’s test methods had limitations when detecting trace amounts of asbestos. In addition, the company tested only a small fraction of its talc.

Other documents uncovered by Reuters show that J&J knew that three tests by different labs between 1972 and 1975 found asbestos at levels that were described as “rather high.” Nevertheless, J&J told the FDA in 1976 that it did not find asbestos in any sample of talc from December 1972 to October 1973.

Further, Reuters uncovered that company officials discussed how to deal with the problem in company documents and reports during the 1970s and 1980s. While they were talking about it, they did not disclose their concerns to consumers or to regulatory agencies.

Over the past few years J&J has been hit with multiple lawsuits alleging that its talc products caused cancer. Juries have awarded over $5 billion to plaintiffs since 2016, and the company is currently facing nearly 13,000 claims with up to $20 billion at stake. In February the Securities and Exchange Commission and the Justice Department issued subpoenas to J&J related to these lawsuits.

Concerns about talc contaminated with asbestos go beyond baby powder. Recently the FDA alerted consumers not to use three cosmetic products—eye shadows, contour palette, and compact powder—from Claire’s Stores, Inc., due to these products testing positive for asbestos.

J&J denies that the company knew that its baby powder contained asbestos. They maintain that their baby powder is free from asbestos and does not cause cancer.

People who are concerned about a serious cancer risk from talcum powder should consider staying away from it, or at least using it cautiously, until more scientific evidence of the link between talc and asbestos is available.

Know the Risks and Benefits of Medical Devices

Medical science continues to make great progress in diagnosing illnesses and treating them. Devices of many types allow doctors to see inside the body to diagnose a variety of conditions. Other types of medical devices that are used or implanted inside the body provide relief from many painful conditions. However, no matter how far medical science has progressed, there are still risks and benefits that people need to consider before undergoing even the most routine procedure involving a medical device.

Here are a few common devices and procedures, as well as some injuries and issues that have been associated with them.

Medical Scopes

Each year, millions of people in the U.S. have a procedure with a medical scope of some type. In these procedures, a doctor places an instrument called an endoscope inside the body to examine the esophagus, stomach, bile ducts, colon, lungs, bladder, or other organs. After each procedure these devices are cleaned and re-used on another patient. Duodenoscopes, which are used to diagnose and treat stomach and other GI tract conditions, have been of particular concern.

Since 2013, at least 35 people have died from after having a procedure that used a duodenoscope. The problem is that the design of the scope makes cleaning it extremely difficult, so even if the scope is cleaned according to the manufacturer’s instructions, bacteria can still be trapped inside the scope and transferred to another patient. A paper published in April 2018 showed that 71 percent of scopes tested at three major U.S. hospital were contaminated with bacteria.

In 2015 the FDA directed three duodenoscope manufacturers (Olympus, Fujifilm, and Pentax) to study this issue. Interim results of these studies released in December 2018 showed that up to three percent of samples were contaminated with “low-concern” organisms, and up to three percent were contaminated with organisms of high concern. Sampling is continuing.

One manufacturer, Olympus, pled guilty in December 2018 to charges of failing to file reports about infections stemming from its scopes.  The company agreed to pay $85 million to resolve the charges. Additionally, the company settled lawsuits with two women whose husbands died after undergoing a procedure with the scope and becoming infected with a “superbug” bacteria resistant to most antibiotics.

Other types of scopes are similarly difficult to clean. Bronchoscopes, which are used to look inside the lungs, have also been found to be contaminated, even after cleaning, and have likewise been linked to “superbug” infections.

Bone Cement

There are over a million joint replacements performed each year in the U.S. In many of these procedures, the surgeon uses bone cement. Bone cement doesn’t actually “glue” the joint into place; it fills the space between the artificial joint and the bone to keep the joint in place. The use of bone cement in joint replacements is not without complications, however. The bone cement can break loose, which can cause pain and affect movement. It can also leak into the body.

The most serious problem is bone cement implantation syndrome (BCIS). Fortunately, this complication is rare, but when it happens, it causes the cardiovascular system to collapse and can cause death, often during the procedure.  BCIS has been reported with knee, shoulder, and hip replacements. One study from the UK reported 41 deaths linked to the use of cement in hip replacement.

BCIS has also been reported in patients undergoing spinal surgery. As early as 2002, the FDA sent a warning about a bone cement that was being used to treat spinal fractures and had been linked to serious complications, including blood clots in the lungs, cardiac failure, and death.

In 2011 the government filed charges against a company called Synthes, a manufacturer of bone cement. The company had been testing a cement that had not been approved by the FDA for use in spinal surgeries. Five patients who received the cement had died during surgery after the company ignored reports that the cement could have fatal consequences. Because the company had not been conducting a clinical trial, patients weren’t advised of the risks and given a chance to decide if they wanted to receive the bone cement. Four Synthes executives were also charged, pled guilty and sentenced to time in jail.

Pelvic Mesh

Pelvic mesh is a relatively recent product that was initially marketed in the 1990s to treat stress urinary incontinence in women. After the success of that product, it started being used for pelvic organ prolapse. However, the use of the mesh for pelvic organ prolapse has been associated with complications including pain, infection, bleeding, mesh erosion, urinary problems, and perforation of organs, and has prompted tens of thousands of lawsuits.

The FDA received over 10,000 reports of serious injuries from pelvic (transvaginal) mesh that occurred from January 2008 to October 2018, including 77 deaths. Previously, in 2011, the FDA had issued a warning, and in 2016 they classified it as a high-risk device.

Earlier this year, a woman was awarded $41 million in a verdict against one of the manufacturers of pelvic mesh, Johnson & Johnson. Altogether, more than 100,000 women are suing manufacturers of pelvic mesh due to the complications they have experienced. Some women describe continuous pain due to the plastic of the mesh perforating the vaginal wall.

This is another instance of the product being marketed and used without the benefit of long-term study, to the detriment of thousands of women. Transvaginal mesh and is banned in the UK, Australia and New Zealand. On February 12, 2019, an FDA panel met to discuss the future of transvaginal mesh in the U.S. The panel decided that rather than pulling the mesh off the market, they would like more long-term studies.

What to Do If You Need a Procedure or Medical Device

If you are faced with needing a medical procedure or device, how can you weigh the risks and benefits? You need to be fully aware of whether the device has been studied in clinical trials and has been approved by the FDA. Even if a device has been approved , such as a duodenoscope, you need to know if there are other issues, such as infection risk, associated with its use.

Doing an internet search on the device or procedure may help answer questions such as:

  • What is the history of the procedure/device?
  • Has the device been approved by the FDA?
  • What are the risks and benefits?
  • What complications have been reported?
  • Are there ongoing lawsuits associated with the device?
  • What are the alternatives?

You should also carefully read the consent document for the procedure, as it should list the potential risks and complications.

Speak with your healthcare providers also. What is their experience with the procedure/device? How many times have they done the procedure?  What are the most common complications? Before making a decision, you may also want to speak with other patients who have had the procedure.

The bottom line is that you should arm yourself with as much knowledge as you can before undergoing a procedure so you know the risks and benefits and can make an informed decision.