Archive for the ‘Brain Injury’ Category

Salt Lake Auto-Bicycle Accident Leaves Man With Brain Injury

Monday, February 9th, 2009

A man on a bicycle was hit by a car early this morning, around 6 a.m., February 9, 2009. According to KSL News, the driver reports that bicyclist was in the crosswalk at 1353 W. Indiana Av. in Salt Lake City, Utah. According to the driver, he stopped as he crossed the street and then started to go when the bicyclist (who had turned around by this time and was coming back across the street) passed in the front of the motorist’s car and was struck by him. The driver said he tried to stop but was unable to avoid striking him. By reports, the bicyclist hit his head and sustained a severe head injury and is said to be in critical condition.

This is a sad story. I bicycle myself and have learned how important it is to practice defensive driving and to be aware of what motorists around you are doing. There is no word on whether the bicyclist was wearing a helmet or not. Certainly helmets can help soften the blow and reduce incidents of serious brain injury. There is also no word on whether the bike was being pushed across the street or ridden. I also wonder if there were working lights on the bike that would have alerted the driver that the bicyclist was there in front of him. At the time of the crash, it was quite dark. I further wonder if there were witnesses who saw the crash who can fill us in on the details of this bicycle-car crash. I will update this story if I hear more information.

Published by: Ron Kramer

Salt Lake City Motorcycle Accident Causes Severe Brain Injuries

Tuesday, February 3rd, 2009

Two motorcycle riders are left with severe brain injuries following a car-motorcycle accident this afternoon, February 3, 2009, in Salt Lake City, Utah. According to KSL News, a motorcycle with two riders was heading west on 1300 South in Salt Lake when the driver of a van ran a stop sign at 800 East and into the intersection. The driver of the motorcycle then crashed into the side of this van. Unfortunately, neither the male or female on the motorcycle were wearing helmets. The van driver was cited for running a stop sign.

It is sad that the motorcyclists were not wearing helmets – their injuries likely would be less severe if they had been wearing one. It’s even more sad, however, that the driver of this van failed to follow basic rules of the road and ran the stop sign. It makes you wonder what exactly it was that distracted the driver to the point that he ran the red light. Was the driver on a cell phone or text messaging? We see the red light violation, but see no violation for driving while distracted. While the motorcycle riders certainly have a claim against the driver of the van, they may also have a claim against the employer of the van driver – if the van driver was “on the clock” at the time of this Utah motorcycle accident.

Finally, brain injuries can be devastating to those who receive them, as well as to their family and friends. Unfortunately, medical science has not discovered a way to repair the brain once it has been injured. Brain injury victims will usually recover up to a year, year and a half following their injury and will level off after this, at which point, the residual effects are said to usually be permanent. The Utah Brain Injury Association will be a good resource to these victims and their families as they seek to deal with the effects of this crash. I wish them the very best.

Published by: Ron Kramer

Woman Dies While in Crosswalk in Salt Lake City

Wednesday, December 31st, 2008

A woman is dead from injuries she suffered when she was hit by a car crossing the street. According to the Deseret News, the auto-pedestrian accident happened in Salt Lake City, Utah, on Monday, December 29, 2008. The woman, Lidia Tovar, age 36, was crossing South Temple in a properly-marked crosswalk near 300 East when she was hit by a car that was attempting a left turn. According to Salt Lake City police, the driver says he didn’t see the pedestrian. Lidia Tovar is reported to have experienced a massive brain injury, which apparently led to her death one day later. No citations have been issued.

My condolences to the family for this needless death. Unfortunately, auto-pedestrian injuries and deaths continue in Salt Lake. A number of years ago, Mayor Rocky Anderson instituted a flag program in Salt Lake City where pedestrians waive bright flags as they cross the street to signal to otherwise distracted Utah drivers that they are crossing. The fact is, however, that pedestrians shouldn’t have to go to these measures to cross a street safely. Drivers in Utah already have an absolute duty to yield to pedestrians crossing the street, especially those in a properly-marked crosswalk.

I would advise the family of Ms. Tovar to contact a Utah accident lawyer concerning what legal recourse can be taken at this stage. The driver that hit her was clearly at fault. Obviously, a legal claim will not bring back Lidia. However, such a claim is a declaration that negligent and unsafe driving, like the type that took Ms. Tovar’s life, will not be tolerated and those that choose to drive this way will be held accountable for their actions.

Published by: Ron Kramer

Salt Lake Bus Accident Leaves Pedestrian with Brain Injury

Wednesday, November 19th, 2008

A man crossing northbound in a crosswalk was hit by a bus today, November 19, 2008, as he was crossing the street between 300 West and 400 South, near Pioneer Park in Salt Lake City, Utah. Officials say he is in critical condition with a serious traumatic brain injury. According to a story by KSL.com, Curtis Lewis, a friend that was with the man says that the UTA bus was turning left when the crash happened. He reported that the force of the impact threw his friend 15 feet into the road. This witness also reported almost getting hit by this bus himself: “[The bus] came about two inches from hitting me.” He told the new media that it appeared that the bus was speeding up to go through the yellow light. Police, on the other hand, dispute his account and say that the light was green.

Video Courtesy of KSL.com

As it turns out, there were no passengers aboard the bus. Passengers would be helpful in situations like this to set the story straight as to what exactly happened, what the driver may have been doing at the time of the crash, and what he may have said during and immediately afterward. The driver is reported to be on administrative leave. No decision has been made as to whether the driver will get a ticket or not.

My take on this is that the UTA bus driver and UTA needs to be held accountable for this bus accident. It doesn’t matter if the bus driver’s light is green or yellow. Utah law requires that drivers making a left-hand turn must yield the right away to other vehicles or pedestrians that are close enough to the turning vehicle to potentially be struck or injured if the left-hand turn is completed. In this case, there were two men in a marked crosswalk crossing the street. It should not have been difficult to see them.

I would recommend that the injured man (if he is at all able), his family or friends contact a Utah personal injury attorney regarding the gentleman’s legal remedies in this case. Since it was a Utah State vehicle that hit him, a document called a “notice of claim” needs to be filed with certain Utah State officials no later than one year from today’s date, or else the claim will be barred. With serious brain injuries such as this, special medical treatment will be needed, possibly life long. There will be treatment with neurologists, neuropsychologists, life care planners and vocational experts.

Best wishes to this gentleman. Our prayers are with him that he can pull through this. With a brain injury such as the one being described, however, his recovery will not be quick and easy and he sadly will likely never be the same.

Ron Kramer is a Utah personal injury attorney practicing in Salt Lake, Ogden and Utah Counties as well as in areas statewide.

Published by: Ron Kramer

Bicycle Accident In City Creek Leaves Biker With Serious Brain Injury

Friday, November 14th, 2008

A collision between two cyclists in City Creek Canyon on November 14, 2008, has left one of the cyclists critically injured. According to the Deseret News, two male bicyclists collided around 1 p.m. just past the entry into the popular Salt Lake City, Utah, canyon. The injured cyclists was in his 60’s. An off-duty nurse happened to be in the area and administered first aid, including CPR on the man until emergency crews arrived. He was taken by helicopter to a local hospital with serious head trauma. The other cyclist was treated and released. Both men were wearing helmets at the time. Currently, there is no word as to how the cyclists happened to collide into each other.

I happen to road bike myself and am trying to fathom how this cycling accident may have occurred. I suspect that one of the cyclists was coming down the hill at a good rate of speed and struck the other ascending cyclist. My sense is that the cyclist descending is the one with the serious injuries.

Another interesting issue is whether the road bikers were following the speed limit law. According to the City Creek Canyon website, the speed limit in the park is 15 mph. Injuries of the magnitude we are seeing from this case generally wouldn’t happen at these speeds unless there was a head on collision. I don’t think this happened since the other biker is okay.

A few months ago I was road biking with the Utah Velo Club in Utah County when one of the cyclists in our group rubbed tires with the bike just ahead of him. The pack was going about 26-28 mph at the time on a flat road. Well, he lost control and just tumbled until he came to a stop. I was first on him since I was in the back of the pack. He wasn’t responding and he was foaming at the mouth. Emergency crews came and took him to the hospital. Turns out he had a skull fracture. It was very scary. He has thankfully gone on to recover. The point is that his skull fracture came as a result of a high speed fall. This is why I suspect there was a high speed element to this bike accident. At any rate, our thoughts and prayers are with him and we wish him all the best as he deals with what sounds like a traumatic brain injury.

November 19, 2008 update: The seriously injured cyclist has been identified as University of Utah English professor Brooke Hopkins. My best wishes to Mr. Hopkins, and especially to his family, as he begins a new chapter in his life.

Ron Kramer is a Utah personal injury attorney, an avid road and mountain bike rider and represents persons involved in bicycle accidents.

Published by: Ron Kramer