Utah Law Talk » Pedestrian Accidents

Man Killed in Utah Pedestrian Accident

ronkramerlaw — Fri, 28 May 2010 23:23:50 +0000

Cody Hadley, 25 years old from West Haven, Utah, was declared dead on May 28, 2010, following a Utah pedestrian accident, reports the Salt Lake Tribune. According to reports, the man was hit by a Dodge Dakota pickup truck early in the morning on Friday was he walked along the edge of the road on a dark stretch near his home in West Haven. Hadley was said to have been wearing dark clothes at the time and is reported to have been walking partially in the southbound lane of 3500 West when he was hit. Police say the driver didn’t see him in time, nothing that there were no streetlights along this stretch. No citations were issued.

I first send my sincere condolences to the family of Cody Hadley. It’s especially tragic when someone so young gets sent out so early from this life.

From a legal standpoint, there remain, at least for me, questions that need to be answered. For example, was this man really walking in the road? Was he walking with traffic or against it? What does the investigation show as far as footprints that may be visible in the dirt or road? Why was he out this early in the morning? Why was the motorist out this early in the morning? Was the motorist distracted? How much light was there? Were there malfunctioning streetlights that should have been on? Was alcohol or other controlled substances involved?

Many questions need answering in this case. I would recommend that the family contact an experienced Utah wrongful death attorney-lawyer to get answers to these and other questions before they put the issue of whether the motorist contributed to this crash to bed.

Family from Sandy Loses Three Members in Fatal Car Accident

ronkramerlaw — Sat, 28 Feb 2009 18:09:00 +0000

A family from Sandy, Utah, lost three of its members following a car accident near Farson, Wyoming this past Thursday, February 26, 2009. According to the Salt Lake Tribune, the Gustafson family was traveling to Powell, Wyoming, to watch an older daughter’s basketball game. The driver of the vehicle, 49-year-old Eric Gustafson, lost control of the Ford Excursion he was driving on Highway 28, about 33 miles east of Farson, Wyoming. From reports, the vehicle lost traction on snowy and icy roads and slid off the road, rolling four times down an embankment. Luanne Gustafson, 48 years old, was partially ejected out of the car and Jaret Gustafson, 76 years of age, was fully ejected. Jaret Gustafson is believed to have been the only one in the Ford who was not wearing a seatbelt. Another family member, Diane Gustafson, 73, died the next day from a heart attack. Officials are not sure whether it was related to the car crash, but the family believes that knowing her husband had passed on that she may have wanted to join him. Others in the car, including the driver and three kids ranging from 9 to 16 years old, were treated at a local Wyoming hospital and released.
This is a tragic story. It provides a few lessons, though, for us to learn from. First, always wear your seatbelt when you are in the car. Rear seat passengers are not insulated from harm just because they are not riding in the front. The driver needs to make sure all of his or her passengers are buckled up. Second, spend a little extra money and outfit your vehicle with snow tires. I would venture to say that most of the slide-offs we hear about would not happen if the vehicle had good quality snow tires. Motorists, of course, still need to maintain safe speeds on snowy or icy roads. Although you have to factor in the cost of the initial mounting and end-of-season change over, snow tires are still cheap insurance to reduce the risk that your car may slide off the road.
The family should be aware that there are benefits available under the vehicle’s insurance policy, including modest funeral benefits. They should contact their agent to get an explanation of the benefits and then make a claim with insurance carrier. My condolences to the family.

Box Elder County Car Accident Claims Life of Young Man

ronkramerlaw — Tue, 17 Feb 2009 18:52:00 +0000

A 22-year-old man from Layton, Utah died from injuries received in a fatal car accident occurring on February 14, 2009. According to KSL News, the man, Joshua Discuillo of Layton, was originally rear-ended around 12:15 p.m. on Valentines day by a red pickup truck driven by a 31-year-old male while driving on the I-15 near mile marker 353. Both Discuillo and the other driver had pulled off the road and were outside their cars discussing the crash when a third vehicle, a silver car driven by a 37-year-old Bountiful, Utah woman lost control and slid into the two males. The other escaped serious injury, but Discuillo, unfortunately, was reportedly pinned between his car, a white Chevrolet Prism and the silver car. He was taken by ambulance as opposed to a helicopter because of heavy snow. The UHP has reported that the driver of the red pickup will received a citation for following too close the driver of the silver car will also be cited.

There is a principle in tort law that the person who causes the underlying incident to occur is responsible for all further injury stemming from the original incident. In this case, Joshua Discuillo was first rear-ended. It would seem that this was directly attributable to the driver of the red pickup. Because of that first crash, Discuillo was on the side of the road, in a snow storm, when he should have been miles down the highway. Because he was on the side of the road, in an area that apparently had very slippery roads, he was exposed to the negligent driving of another motorist.

This is a sad situation for all involved. Certainly no one intended to inflict injury or get hurt in this tragic car wreck. But injury and death did occur and it is likely that Utah’s legal system will have to sort this out. My condolences to all involved, especially the family of this young man who had his whole life ahead of him.

Published by: Ron Kramer

Update on Bicyclist Hit By Car in Fatal Salt Lake Bike Accident

ronkramerlaw — Fri, 13 Feb 2009 18:50:00 +0000

We 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

Taylorsville Car-Pedestrian Accident Leaves Boy in Critical Condition

ronkramerlaw — Tue, 03 Feb 2009 18:40:00 +0000

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

Drunk Driver Takes Out Two Pedestrians in Salt Lake City

ronkramerlaw — Sun, 18 Jan 2009 18:25:00 +0000

Two woman crossing the street in a crosswalk are in critical condition after they were hit by a drunk driver. The pedestrian accident happened around 5600 West and 4000 South, Salt Lake City, Utah. According to KSL News, one car stopped for the two women, but a second, sadly, did not.

Utah law requires that when one car has stopped at a marked or unmarked crosswalk, an approaching car is required to also stop. That apparently didn’t happen in this case. The drunk that hit these women is clearly responsible for the resulting injuries. Let’s hope that the women had their own auto insurance to supplement that which the driver hopefully had.

The article does mention that the women were drunk. I don’t think this matters. They were not driving in a car, which is good, and they appeared to be crossing at a crosswalk, where they had a legal right to be. The fault is not with the women, who may have been intoxicated, but with the other driver (who happened to be drunk), who didn’t stop for these women in the crosswalk.

Published by: Ron Kramer

Taylorsville Pedestrian Accident Takes Life of Beloved Crossing Guard

ronkramerlaw — Fri, 09 Jan 2009 18:00:00 +0000

Crossing guard Jim Smith was a permanent fixture at the intersection of 5930 South and 2700 West in Taylorsville, Utah. On December 16, 2008, around 7 a.m., however, things would change. On this particular morning, as Smith was preparing the crosswalk for the students that would soon cross it, he was hit by a motorist who, according to KSL News, was oblivious to the crossing guard’s orange vest, stop sign and the orange cone he was carrying. Mr. Smith was taken to an area hospital for treatment. Sadly, he passed away on January 1, 2009, due to injuries he sustained from this pedestrian accident, including internal bleeding, a brain injury and back injuries.

The driver who struck Mr. Smith told police that he did not see him. Although it was reportedly snowing, it is hard to imagine what else Mr. Smith could have done to signal to motorists that he was in the middle of the crosswalk. Although the driver says he didn’t see him, the fact is that Mr. Smith was there to be seen! A reasonable and prudent driver would have surely seen him in the crosswalk. It is my opinion that this driver was somehow distracted. Maybe he was text messaging on his cell phone. Maybe he was fiddling with the radio. I would recommend that the family contact a Utah pedestrian accident attorney to investigate exactly why this driver failed to see Mr. Smith that day. For example, if he was texting on his cell phone, the driver’s phone records would show this. Hopefully the police in their investigation will consider this and request the driver to provide his cell phone records for the prosecutor to review. If it turns out that he was on his phone, then the criminal penalties against him may be enhanced.

Obviously, the family has a claim against Mr. Smith and/or his insurance company for what happened. The family also has a workers compensation claim since it appears that Mr. Smith was on the clock at the time. There may also be an “underinsured” claim that the family can make. An experienced lawyer can help the family sort out what claims should be made under the circumstances.

Published by: Ron Kramer

Man Charged in Ogden Pedestrian Accident Pleads Guilty

ronkramerlaw — Thu, 08 Jan 2009 18:00:00 +0000

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

Utah Carbon Monoxide Accidents Increase in Winter

ronkramerlaw — Tue, 06 Jan 2009 17:55:00 +0000

The emergency rooms have been busy this winter season with numerous people being treated for carbon monoxide, or CO poisoning. According to KSL News, the number of reported carbon monoxide cases goes up as Utah’s temperatures go down.

One carbon monoxide victim, Jesse Searle, was poisoned when fumes from the snow plow he was driving in the Salt Lake County area seeped into his truck. He reported a headache, tiredness and then dizziness. He was found unconscious in his truck. His levels were quite high and he is now concerned about possible long-term effects. In Jesse’s case, if the leak was caused or allowed to happen by a government agency, then he probably has no legal recourse, except through the workers compensation system. If a third party’s negligence caused the leak to happen, such as a vehicle manufacturer, then he possibly could have a claim against them. He may wish to consult with a Utah personal injury attorney to find out what his remedies might be.

Then there is the party in Ogden where 34 people were poisoned by carbon monoxide. I still find it hard to believe that no one who attended the party that was held in someone’s garage, would be concerned to see a barbeque fired up in a closed garage. Certainly the injured persons could have claims on the homeowners insurance for the negligence of the chef or homeowner in allowing this to happen.

In most situations where someone is poisoned with carbon monoxide, it is because of someone’s negligence. If a landlord failed to have a furnace regularlly inspected, for example, and someone became poisoned because of this, then that landlord has potential liability for the poisoning happening.

Instead of having a legal claim, however, it is best to prevent from such poisoning from ever happening. Residents, whether renters or home owners, should always have a working and functioning CO detector in their house.

Ron Kramer is a Utah attorney who practices personal injury law exclusively and who has investigated and handled cases involving carbon monoxide poisoning.

Published by: Ron Kramer

Drunk Driver Causes Accident in Layton

ronkramerlaw — Sun, 04 Jan 2009 17:52:00 +0000

Around 10:30 p.m. on January 3, 2009, at the intersection of Antelope Drive and Fairfield Road in Layton, a drunk driver driving a Dodge Durango rear-ended a marked Layton police car. According to the Deseret News, the driver rear ended this police car a total of three times. It’s funny that the reporter says that the driver of the Durango is a “suspected drunken driver.” Honestly, anyone who rear-ends a police car three times has to be hopped on something!

After the crash, a Davis County Sheriff’s deputy was called out to do an investigation. (It is protocol for another law enforcement agency to investigate claims that involved one of their officer’s or their vehicle.) During the investigation, the driver of the Durango left the scene. At first, the deputy attempted to pursue the driver but gave up due to bad road conditions. No matter, the drunk was found a short time later after he struck another vehicle on Antelope Drive, injuring four persons inside that car. The drunk then left his car and made a run for it. Officers eventually caught up with him. He resisted arrest, going so far as to try and fight with an officer. He was booked into the Davis County Jail on a slew of charges.

Although the media and other special interest groups are vigilant in getting out the word that we should not drink and drive, people continue to do it anyway. When they do drive drunk and they hurt someone, however, they will be held accountable for the injuries that they cause. In this case, the four that are injured — perhaps even the Layton Police officer – have a claim against this drunk driver for injuries they experienced because of his actions. I would recommend they contact a personal injury lawyer with experience in taking drunk driving cases.

Ron Kramer is a personal injury lawyer that regularly represents injured persons lving in the Ogden, Layton area. He is a recipient of a 7-figure jury verdict handed down by an Ogden jury in a car accident case last year.

Published by: Ron Kramer