(Newswire.net — September 26, 2013) Scottsdale, AZ— In 2008, 8-year-old Elizabeth Bates went down from her school bus and started to cross the street to their Stafford home when an unwary truck hit her, killing her almost instantly.
Her mom, Kim, clearly recalls the moment Elizabeth lay fighting for her life as they wait for emergency response to arrive. “She was lying on the ground. I asked her if she was okay and she said that she could hardly breathe… coughing up blood,” Kim said. “All I could say was just breathe, but she wouldn’t.”
The incident and the ensuing legal battle between the Bates family, the school administration and the truck driver that hit the child, sparked the creation of a bill sponsored by Rep. Karen Fann, R-Prescott, requiring Arizona school buses to deploy stop signs and flashing lights as they load and unload even on private roads. Gov. Jan Brewer signed the bill into law, nicknamed the “Elizabeth Bates Law”, last April 2013.
“I believe this will help save children’s lives in the future,” said Rep. Fann, who serves as chairperson of the House Transportation Committee.
Prior to this, the law only required drivers to use stop signs and lights on public roadways, leaving a loophole which saved both drivers from criminal liability. The defence argued that their clients were clearly acting within the bounds of the current law when the accident occurred on a private road.
Atty. Mike Nysather of Scottsdale Accident Law applauds the adoption of the new law aimed at plugging a legal loophole used in many personal injury claims.
“Now, bus drivers won’t have to second-guess every time they make a stop on whether to flash signals or not. They will have to do it every time, which should have been the case in the first place,” he said. “(It is just) too bad that this was not done in the first draft to save Elizabeth, but to me the case highlights how the letter precedes the spirit of the law in our system.”
The new law affects how school bus drivers are to be trained from now on to avoid personal injury and wrongful death. Its effects on traffic in a state that houses one of the largest numbers of schools and universities in the country are yet to be seen as well.
“It’s a small price to pay,” said Nysather, whose Wade & Nysather Law office serves the major districts of Arizona. “Public safety far outweighs the inconveniences—real or imagined.”
Michael Nysather is a personal injury law practitioner handling cases of motor vehicle related accidents, work and occupational accidents, slips and falls, animal assaults, and defective products liability.
About Wade & Nysather Law Office
Wade & Nysather Law Office is Arizona’s premier personal injury lawyers. Backed by years of collective experience in the practice of accident law, Wade & Nysather’s accident attorneys and staff have helped thousands of claimants in getting compensation for personal injuries involving motor vehicle accidents, slips and falls, defective products and occupational injuries.
Wade & Nysather offers a no-upfront payment service, which translates to a quick attendance to and settlement of personal injury claims.
To learn more about Wade & Nysather Law Offices, or to avail of their accident law service, visit their website www.AZAccident.com or call their telephone number (480) 258-6200.
Source: http://www.azcentral.com/community/phoenix/free/20130904arizona-school-bus-law-changed-after-girl-death.html