Utah Law Talk

Four boys were crossing the street at the crosswalk in Taylorsville, Utah, at 5400 South and 1500 West earlier today, February 3, 2009, when a boy in the group, a 17-year old Taylorsville High School student, was hit by a car. According to KSL News, witnesses said that the boys were running across the street against the light when this happened. The injured Taylorsville High School student was taken to the Intermountain Medical Center with a diagnosis of a serious traumatic brain injury. A head injury of this type is very serious. Sadly, it is likely that this injury will forever change this young man’s life. Our best wishes to him and his family and others who will support him.

In reviewing the comments on this story, it seems there is confusion as to what a driver’s responsibility is as they approach a crosswalk. The law states that a motorist must yield to those who are in a crosswalk – whether their light is red or green. Although there are no facts that suggest that the driver of the striking vehicle was negligent in causing this pedestrian accident to happen, it is not entirely clear that the driver is without fault. According to the report, there are conflicting stories as to whether the boys’ light was green or not. We do know that an investigation is ongoing by the Salt Lake County Sheriff’s Office, so we will therefore withhold any assessment of blame until all the facts are in.

I will say, however, that there are certain benefits that the injured boy is entitled to in this case, including an amount for medical bills, household services provided to him by others, and if the lad worked, modest lost wage benefits.

Published by: Ron Kramer

The man who ran into and killed 78-year-old Mary Deats of Ogden, Utah, has pled guilty to negligent homicide. The pedestrian accident happened on July 22, 2008, when the man, Aaron Derrick Summerill, 25 years old, also of Ogden, hit Ms. Deats as she was crossing Harrison Blvd. near 15th Street around 10 p.m. According to Utah news accounts, after Mr. Summerill hit Ms. Deats, he fled the scene. Maybe because he had a controlled substance in his system?

The original charges against Summerhill included failing to remain at the scene of an injury accident and driving with controlled substances in his system. Under the plea deal approved by the Ogden city prosecutor, Mr. Summerhill will plead guilty to negligent homicide and the prosecutor will dismiss the other charges. He faces a maximum of one year in jail.

Sounds like a sweet deal for Summerhill. Not so sweet, however, for Ms. Deats and her surviving family members. The sole remaining charge amounts to a slap on the hand for a hit and run while driving under the influence. Pedestrians have the right to feel safe as they cross the street in properly marked crosswalks. Motorists have a duty to stop and yield to pedestrians crossing the streets. This man failed to follow basic rules of the road. And when he realized he had injured someone, perhaps killed them, what did he do? He completely shirked his responsibility under Utah law and as a moral and law-abiding citizen by fleeing the scene. And now prosecutors want to give him a break?

If Ms. Deat’s family has not already done so, they should investigate bringing a civil action against Mr. Summerill and/or his insurance company and should contact an experienced Ogden pedestrian accident lawyer to do so. In my opinion, the driver is clearly liable. The amounts of insurance available, however, will likely not even come close to the value of what was lost from Mr. Summerill’s actions.

Published by: Ron Kramer