An infant is dead following a single-car rollover near Payson, Utah on March 1, 2009. According to the Salt Lake Tribune, a family was traveling from Las Vegas to Salt Lake City, Utah. Around Payson, the driver, Doris Licona, fell asleep at the wheel and lost control of the SUV she was driving. The vehicle bounced into a guard rail, she overcorrected, and the SUV ended up rolling at least twice in the median. Only one person of the five in the car was reported to have been wearing a seatbelt. This includes the mother of a young child, Michelle Nuila, 19 years of age, who had her 9-month old son Jonathan on her lap and was sitting in the front seat.
All front seat passengers, including the infant, were ejected out of the car. The baby died at the scene. The two in the back seat, a ten-year old and 2-year old, who were children of the driver, were taken to the hospital in stable condition. The two year old was the only person in the car that was restrained.
This is a simply tragic case that could have largely been avoided if the passengers had seat belts on. This includes the children who should be placed in age-appropriate car seats. A small child, who doesn’t know any better, should never ride in anyone’s lap. I suppose adults have their agency to choose for themselves. But parent’s must ensure that their minor children are always properly restrained.
Finally, driving while fatigued can be just as bad as driving drunk. It impairs drivers to the point that they are unable to safely operate their car.
Archive for the ‘Childrens Injuries’ Category
Infant on Mom’s Lap Perishes in Fatal Accident Near Payson
Monday, March 2nd, 2009Salt Lake Boy on Bike Hit While in Crosswalk
Thursday, February 26th, 2009This morning, February 26, 2009, a boy was crossing the street on his way to school in Salt Lake City, Utah, when he was hit by a car while in the crosswalk. According to KSL News, the 8-year old child was crossing 700 East in a marked crosswalk near 600 South. According to witness Shawn Owen, the driver of the car was turning from 600 South to go north on 700 East and didn’t see the child. The boy was said to have wrist and ankle injuries.
While it’s sad that this boy was hurt as he was, I think the parents should be very thankful that his injuries are not worse. Pedestrians can receive all manner of injuries in a crosswalk when they are struck by a car, with a percentage of these suffering severe brain injuries and orthopedic injuries. Some of these pedestrian-auto accidents prove fatal.
I think the witness got it right when he told the press: “Crosswalks should be the sanctuaries. That should be the safe place to be. It should be the responsibility of the driver to who’s crossing and from what direction.” I feel exactly the same way.
The parents may want to talk with a personal injury attorney and explore their legal options in what sounds like a completely preventable accident. The driver’s insurance will have at least $3,000 to pay for the boy’s medical bills and should hopefully have sufficient coverage so the boy’s parents can make a claim for their son. It sounds like this case is worth more than $10,000. If so, a judge will need to approve the settlement, if there is one. All my best to this boy as he recovers from his injuries.
Car Seats Reducing Fatal Accidents in Utah
Wednesday, February 18th, 2009The governor’s Highway Safety Association released data showing that the number of fatal accidents in Utah declined 10 percent for 2008 over 2007 with the mileage driven only falling 4 percent. According to a story on KSL.com, child advocates say that the growing number of people using car seats for their children that are properly installed could explain this. Kathy Chambers from the Salt Lake Valley Health Dept. said that in 2008 “we taught more than 1,000 parents how to properly install a car seat.” The Salt Lake Valley Health Dept. also gave away several hundred car seats. At least two mothers attribute the car seats they received from saving their children from serious injury in car crashes.
Woman Calls for Ban on Pit Bulls After Violent Dog Attack
Monday, February 9th, 2009A woman walking her dog this past Saturday, February 7, 2009, in Salt Lake City, Utah, was outraged when two loose pit bulls attacked her sheepdog. According to KSL News, the woman, Kim Cawdery, had let her dog run free in Herman Franks Park when two pit bulls jumped it, viciously biting and mauling it. Following the attack, she brought her wounded dog to local animal hospital, where they performed surgery to treat the severe wounds the dog had received. The owner of the bit bulls received a citation.
Video Courtesy of KSL.com
Now Cawdery is launching a flyer campaign to raise awareness of the issue and is calling for a complete ban on pit bull dogs in Salt Lake City. On the flyer she is circulating, she is including before and after pictures of her dog, which are pretty gruesome. She told the media: “Hopefully, Coco got hurt for a reason, and that we can prevent a child getting hurt.”
Her proposal to ban pit bulls to reduce the incidence of dog bites of children in Salt Lake City is not without criticism. Representatives of the Utah Animal Adoption Center say that pit bull dogs are no more likely to attack than other breed of dogs and that many pit bull dogs are actually quite docile and good with kids. The representative did admit that pit bulls have stronger jaws and are more tenacious when they attack. She added that while not all pit bulls are dangerous, their owners should not let a pit bull – or any dog for that matter – roam free in an off-leash park if their dog has kind of vicious propensity.
In Utah, there is strict liability on the part of dog owners when their dog bites or attacks a person, or because of the dog’s menacing nature, causes someone to become injured in trying to get away from a threatening dog. In Utah, it isn’t even necessary that the dog owner have notice that their dog might bite, as is the case in other states where they have a “one free bite” rule.
In the meantime, parents of young children may wish to think twice about visiting Herman Franks Park, located near 700 East and 1300 South in Salt Lake, with their children since it is almost impossible to know when a dog is going to decide to attack or bite.
The author, Ron Kramer, is a personal injury attorney practicing in Salt Lake, Davis and Utah Counties.
Published by: Ron Kramer
Salt Lake County Car Crash Seriously Injures Four
Tuesday, February 3rd, 2009Four people are seriously injured tonight in Salt Lake County, Utah, when a Mustang came into the opposite lane of travel and struck a Jeep Cherokee carrying a man, his wife, and their 5-year old child. According to KSL News, this car accident happened on Utah State Highway 111 near 7000 South around 5:30 p.m. on February 3, 2009. According to police, there may be some witnesses who say that the driver of the Mustang may have been distracted. All persons involved in this crash have sustained serious, life-threatening injuries.
The driver of the Mustang was removed by the jaws of life after a passerby used his personal fire extinguisher to put out a fire in the Mustang. Kudos to this brave and quick-thinking individual for saving this guy’s life! The family in the Jeep were more easily removed and transported to area hospitals, with the 5 year-old being first taken to Pioneer Valley Hospital and then flown to Primary Children’s Hospital. All of the family’s injuries are said to be life threatening. Our best wishes to this family for a speedy recovery.
I have been chided in the past by some readers when I offer my opinion as to who is to blame for the various car accidents I comment on. Being a Utah personal injury attorney, however, I weigh in on an almost daily basis on who is to blame on any given car accident. In this case, the facts very clearly point to the Mustang driver being responsible for this crash. Obviously, when someone comes head-on at you – in your lane of travel – there is a serious violation of Utah’s driving rules. Many head-on accidents in Utah end up being fatal accidents. Luckily that wasn’t the case here.
I also feel in this car accident that the Mustang driver was distracted. I see no other explanation, besides perhaps a vehicle defect, as to why he would be driving in the opposite lane of travel. I’m sure law enforcement and/or the county attorney will review cell phone records to see if cell phone use or texting played any role in this serious car accident.
Published by: Ron Kramer
Skier’s Death Sheds Light on Dangers of Tree Wells
Monday, January 19th, 2009A skiing accident last week in Utah involving Bountiful, Utah teenager Megan Pysnak, is helping shed some light on the dangers prevalent in ski resorts where there has been a sizeable amount of snowfall. According to KSL news, Megan became separated from her family while skiing at Alta ski resort and was found face down in a tree well. It is well known among skiing professionals that tree wells can be quite dangerous in the winter when there has been a large amount of snow fall.
What happens is that the lower branches of a tree prevent snow from falling into and packing around the base of a tree. Some trees actually have hollow voids with no snow or very loosely-packed, powdery snow around the bottom portion of the exposed tree trunk. As a result, if a skier or snowboarder gets too close to the tree, they can actually get sucked into the well area, and by accounts, usually falling head-first into the area. The light, uncompacted snow causes them to plunge toward the bottom of the tree well. Loose snow then fills in around the victim’s face as they slip downward or struggle, causing those caught in this situation to literally suffocate to death. And since many fall in with their skis or snowboard still attached to their feet, getting out of this situation is said to be close to impossible. Depending on the size of the tree well, other passers by may never actually detect that someone has been swallowed up by a tree.
To reduce the risk of suffering a tree well death or injury, experts advise against skiing too close to pine trees, especially those where the branches appear to be touching the ground. Stick to groomed areas where machinery and skiers have helped to compact the snow. Skiing with a buddy is also recommended. I would also add that an electronic avalanche tracker could help in a situation like this.
I would finally add that the ski resorts themselves can do a much better job at educating their paying customers of the risks involved with skiing near trees. I think way too little is said on this subject. And although the article does not mention if Ms. Pysnak was skiing in an “out-of-bounds” or in a designated area, I would say the resort should still be providing education to their customers of tree well dangers. Anyone who has gone up the lifts of any given ski resort can see the tracks where others have skied through trees outside of the normal ski path of most skiers. In a sense, then, all areas of a ski resort are “designated” unless marked as “out-of-bounds.” As such, skiiers run the risk of suffering the same fate.
I would recommend the family contact an attorney who is versed in ski injury law to advise them and look into how this tragic ski accident happened and how it could have been prevented. If anything, I hope that news of what should have been a preventable injury will help educate and inform others of additional safeguards to take while out skiing.
Published by: Ron Kramer
Small Child Killed in Auto-Pedestrian Accident in Spanish Fork
Sunday, December 21st, 2008According to news reports, a 6-year old crossing the street with her 8-year old sister, was killed by an SUV at the intersection of 200 East and 800 North in Spanish Fork, Utah. The accident happened on Saturday, December 20, 2008, around 1:30 p.m. According to a witness, the children were standing on the street waiting to cross and then they ran to cross the street. A 35-year old woman from Springville was the driver of the striking vehicle and was said to be going between 25-30 mph when her car struck the young child. Police attempted to revive the child at the scene and the girl was taken to Payson Regional Medical Center, where she was pronounced dead.
To lose a 6-year old is tragic. I have lost a young child and I know how absolutely gut-wrenching it can be. My prayers go out to the family of this lost little one.
In Utah, a pedestrian can cross anywhere there is an intersection, unless there are signs prohibiting it or it cannot be done so safely. The story didn’t mention if this was a marked crosswalk or not. In Utah, a child is held to a different standard and is not expected to appreciate the dangers of approaching cars, as a teenager might be. Motorists seeing small children by the side of the road must exercise great care in case that child starts into the street.
In this case, the crash happened in the afternoon when there was good light. While there is no evidence to show that this driver did anything wrong, it would be wise to investigate this tragic pedestrian accident to see whether this accident was avoidable or not. I would recommend that the family get the police report and visit with a Utah personal injury attorney to review the facts involved in this case.
Published by: Ron Kramer
Sardine Canyon Accident Victims Identified
Sunday, December 7th, 2008We reported a couple days ago on the horrific crash between a Chevy truck and a Jeeps Cherokee that took the lives of two adults and one child in Box Elder County, Utah. According to KSL news, the adults have been identified as Curtis Andersen and Tami Andersen. The 9-year old child, Hannah Roach, who perished in the crash on December 5, 2008, was not actually theirs, but was a friend of their children, who happened to be along for the ride. The Andersen’s 5-year old, Kylie Andersen, thankfully, is expected to make a full recovery. The group had been to the Festival of Trees and were returning through Sardine Canyon when the crash occurred.
Family members of the Andersen’s are stepping in to help pick up the pieces following this tragic crash. The family asks those wishing to express condolences to do so by donating money to a fund that has been set up for the Andersen children at the USU Community Credit Union under the names Curtis and Tami Andersen. The credit union phone: (435) 753-4080.
Troopers on the scene are now saying that the driver of the pickup, an 18-year old student at Utah State University, may have fallen asleep, contributing to this fatal car accident. Criminal charges against him are being considered.
Published by: Ron Kramer
Sardine Canyon Car Accident Takes Three Lives
Saturday, December 6th, 2008Three people died in Sardine Canyon in Box Elder County last night, December 5, 2008, when a Chevrolet truck crossed over the median on U.S. 89 and struck a Jeep Cherokee head on. According to KSL News, the crash happened around 7 at night. There were five people in the Jeep, two adults and three children. Those who perished in the crash include the two front seat adults and one of the older back seat children. The five-year old was flown by helicopter to a Salt Lake Hospital, probably Primary Children’s Hospital. The one-year older was taken to a hospital in Brigham City and is reported to be in good condition. I would venture to say that the child was in a car seat.
It sounds like this was a family traveling together. It’s a very sad and tragic case when a car accident leaves two young children orphans. Our prayers are with the 5-year old, who it sounds like sustained quite serious injuries, and the family and friends of these victims.
The news accounts I’ve looked at don’t say what caused the driver of the pickup to cross over the median. Witnesses say that immediately prior to the car crash, the truck was “drifting back and forth” in its lane before it veered over to the other side of the road. A few persons who commented on the story say that they had information that apparently younger driver of the truck had fallen asleep.
Driving while sleeping is, of course, a recipe for disaster. I personally know families that have been tragically affected when a family member dozed off and crashed their car. This seems to happen with alarming frequency on Utah’s remote highway stretches. In response to too many car accidents and fatalities along the I-15, there are now numerous warning signs that tell drivers to pull over if they are drowsy. Drowsy drivers not only put themselves and their families at risk, but also the innocent others who they share the road with.
Published by: Ron Kramer
Utah County Car Accident Claims Life of 11-Year Old
Sunday, November 30th, 2008An 11-year-old boy, Alex Woodland, was killed from injuries he experienced following a car accident in the southern part of Utah County, near Elberta. According to KSL.com, Alex was riding in a truck with his Jeff Woodland, his cousin and Paul Woodland, his uncle. They were driving on a dirt road when Alex’s uncle, who was driving, lost control of the truck and it rolled. All three of the passengers were ejected, which strongly suggests that none of them was wearing a seat belt. Jeff Woodland is reported to be in critical condition.
Video Courtesy of KSL.com
The reason that this is such a sad story is that the death of Alex Woodland and the critical injury of Jeff Woodland could have been largely prevented if the two of them were simply wearing seatbelts. This story should be a reminder that the driver of any vehicle should make sure they and the passengers in their car are belted. The fact is that car accidents can happen just about any where. Even on rural dirt roads. In this situation, the deceased boy’s family and his cousin have a claim against the car insurance company for the death and serious injuries that resulted from this tragic car accident.
Ron Kramer is a personal injury and car accident attorney practicing in Utah, Salt Lake and Davis and Weber Counties.
Published by: Ron Kramer
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