This 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.
Archive for the ‘Cycling Injury’ Category
Salt Lake Boy on Bike Hit While in Crosswalk
Thursday, February 26th, 2009Update on Bicyclist Hit By Car in Fatal Salt Lake Bike Accident
Friday, February 13th, 2009We earlier reported on a story where a 62-year old bicyclist, Leroy Martinez, was hit by a Mazda this past Monday, February 9, 2009 while crossing the street at a crosswalk at Navajo Street and Indiana Avenue in Salt Lake City, Utah. The police had reported that the cyclist had turned around in the crosswalk unexpectedly and that the motorist was unable to stop in time. Now, according to the Salt Lake Tribune, police are saying the bicyclist didn’t turn around at all before he was struck, that he was hit by the car just as he entered the crosswalk. The impact caused Martinez to suffer a fractured skull and internal bleeding in his brain. The police are now considering charges against the driver. This detail, of course, changes everything.
As I discussed, motorists are not allowed to run over pedestrians and cyclists that are in crosswalks. With this detail, it sounds like the motorist is to blame for hitting this man as he was trying to cross the street. What’s more, it appears that he may have initially given a false story to officers investigating this since the driver was claiming that Martinez had turned around in the crosswalk.
In Utah, those entitled to make claims for a “wrongful death” include the victim’s parents, children and spouse. Usually claims are made against the insurance company of the at-fault party. In this situation, there is also some modest funeral, death coverage that the driver’s “no-fault” insurance will provide in this situation.
Published by: Ron Kramer
Bicyclist Hit In Crosswalk in Salt Lake Passes Away
Tuesday, February 10th, 2009Yesterday I covered the story of the bicyclist who was hit by a car while in the crosswalk. I’m sad to report that the bicyclist has passed away. According to KSL News, the person involved in this fatal bicycle-auto accident was 62-year-old Leroy Martinez. He was hit when he changed his direction in the crosswalk at 1353 West Indiana Avenue in Salt Lake City, Utah. After the collision, he was taken to a local hospital in severe trauma but died several hours later. KSL reports that Martinez was “probably at fault.”
Unfortunately, it doesn’t sound like there was a witness to this accident except for the driver that struck the cyclist. So, I don’t think we can say we have all the facts including whether he was walking or riding his bike across the street. What we do know is that Martinez was in a crosswalk and he was hit while in the crosswalk. I would recommend that the family at least consult with a Utah personal injury lawyer to investigate what legal remedies they may have in this situation. There very well may be none. My condolences to the family.
Published by: Ron Kramer
Salt Lake Auto-Bicycle Accident Leaves Man With Brain Injury
Monday, February 9th, 2009A 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
Bicycle Accident In City Creek Leaves Biker With Serious Brain Injury
Friday, November 14th, 2008A 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
.png)
.png)
.png)
.png)
.png)
.png)
.png)
.png)
.png)
.png)
.png)