Archive for the ‘Personal Injury’ Category

Study Shows Texters Eight Times More Likely to Cause Wreck | Utah Text Message Accident Lawyers

Wednesday, January 13th, 2010

In order to avoid the wrath of a Utah text messaging accident lawyer, motorists are warned to give head to a recent study published by the University of Utah. As reported in the Christian Science Monitor, new data released by the National Safety Council shows that the number of car crashes caused by cell phone use and texting is at 1.6 million, a number that is one million more than previously thought. This report makes even more necessary, the need to grow the nationwide anti-distracted driving campaign which many states have adopted.

David Teater, director of transportation strategic initiatives at the National Safety Council said, “One out of every four car crashes in the United States is caused by cell phone distraction.” David knows first hand the horrific consequences of distracted driving: his son was killed in a crash caused by a driver on a cell phone.

Safety action group, “FocusDriven” aims to adopt many of the same tactics as Mothers Against Drunk Driving (MADD). “Just as groups like MADD changed attitudes about drunk driving, I believe FocusDriven can help raise awareness and change the way people think about distracted driving,” said U.S. Department of Transportation Secretary Ray LaHood. The National Safety Council first called for a nationwide ban on cell phone use while driving about a year ago. Today, only six states and Washington D.C., have banned cell phone use while driving. Nineteen of fifty states ban text messaging while behind the wheel.

Researchers at University of Utah found that the likelihood of a crash increases fourfold when someone is talking on the cell phone while driving and if a person is texting while driving the person is eight time morel likely to be in a car accident. The distraction goes far beyond visual impairment, but a driver is also cognitively disconnected when texting or talking on the cell phone. The brain is focused on a conversation, so it doesn’t compute images as quickly as someone who is solely focused on driving.

Ron Kramer is a Utah personal injury lawyer representing clients injured from those who drive while texting and has offices in Bountiful, Draper and in Provo, Utah.

Chemical Reaction Hospitalizes 8 Workers in Utah Workplace Accident

Monday, December 21st, 2009

Eight Utah workers were sent to the hospital following a chemical reaction at Pro Pac Lab located at 3804 South Airport Road in Ogden, Utah. Pro Pac Lab makes vitamins and mineral supplements, a process that leaves chemical residue on the machinery used to make the vitamins and minerals. On Friday, December 19, 2009, workers went through a routine clean up around 7:15 a.m. and bleach mixed one of the chemical residues left on the machines to create a dangerous ammonia gas.

According to KSL news, employees evacuated the building to escape the ammonia gas. Once the workers got into the fresh air, the symptoms cleared quickly. Emergency personnel responded and investigated the cause of the chemical reaction. They believe that bleach came into contact with nitrogen dust to create the ammonia gas.

“That ammonia gas is what caused people to get a burning sensation in their mouths, nose, in their eyes, or lungs depending on how much they breathed in during that process,” said Chad Tucker, deputy chief of the Ogden City Fire Department.

Pro Pac Lab is looking into manufacturing processes and cleaning processes that will prevent this problem in the future.

From this report, several questions are raised. Company officials said they will look into the cleaning process to make sure this doesn’t happen in the future; but what are they going to do until they figure out the exact cause? It sounds like workers did a routine cleaning similar to this each day, but this particular time the bleach mixed with the wrong chemical and caused the reaction. Officials should be 100% sure that the this reaction will won’t happen again before they allow workers to continue working in that environment.

With respect to the eight injured. I recommend that they contact a Utah accident and injury attorney who will help them receive compensation for their injuries and explore their options in case the reaction causes long term damages.

Loss of Services Not Limited to $20 Per Day | Utah Accident and Injury Lawyers

Wednesday, November 18th, 2009

Part of the benefits under Utah’s PIP, or Personal Injury Protection coverage, includes an amount for loss of household services. Simply put, if a person is injured to the point that they are unable to perform the usual household activities they used to before the crash, they are entitled to reimbursement if a family member or someone else helps them out. So, if mom can’t vacuum any more and dad picks up the slack by performing this activity, then mom can make a claim for the value of that activity.

The loss of services benefit is usually paid out at a rate of $20 per day for a maximum of one year, or $7,300 total. However, the Utah statute does not cap the amount that insurance companies pay at $20 per day of services, but rather “$20 per day for a maximum of 365 days.” See Tanner v. Phoenix Insurance Co., 799 P.2d 231 (Utah App. 1990). All the language really says is that the amount payable in household services will be capped at $7,300. So, if a housekeeper comes once a week and performs a week’s worth of cleaning, then the claimant should be able to make a claim for the value of that, which would be $20×7, or $140.00.

If you have a specific question on obtaining loss of service benefits, please give us a call. We will charge you nothing for some friendly advice over the phone.

Utah Spinal Cord Injuries Get Boost From Brighton Ski Resort Car Show

Monday, July 27th, 2009

Spinal cord victim Ryan Stevenson helped to benefit the Christopher and Dana Reeve Foundation this past weekend by sponsoring a car show at the Brighton Ski Resort. According to KSL News, Stevenson received a spinal cord injury about three years ago from a snow boarding accident. His spinal cord injury affected his lower legs and basically paralyzed them. Medically speaking, his injury was in his mid to lower back, since an injury to the spinal cord will affect extremities that are at a lower level than the injury itself.

The car show was counted as a success. Stevenson entered his own 1965 Chevy Impala in the event, which drew cars such as classic Mustangs to Corvettes and Ferraris.

This is a great cause for an injury that is sometimes overlooked. As a lawyer representing clients with spinal cord injuries, I know that these injuries can have devastating effects on the victim’s lives. They also have profound effects on the families of those who receive spinal cord injuries, as these families will often be the support for the person who was injured.

Ron Kramer is a lawyer who practices accident and injury law, including spinal cord injury law, in Davis, Salt Lake and Utah Counties.

Fatal Provo Fire Raises Questions About Smoke Alarms

Thursday, March 5th, 2009

A 38-year-old man is dead following a fire in Provo, Utah on March 4, 2009. According to KSL News, the fire started at an older apartment complex located at 511 N. 100 West. Around 12:30 p.m., a resident from the complex called 911 to report that it appeared that smoke was coming from a light fixture. Fire crews showed up and determined that the fire was on the third floor. They forced their way into the apartment where they discovered a small fire, lots of smoke, and a dead man. Although the fire was said to be slow-moving, the cause of death was determined to be smoke inhalation. Fire investigators determined that it was a hot object placed in a laundry basket that started the fire. The cause of the fire has been ruled unintentional. Residents near the fire were evacuated while the fire crews put out the fire. They returned a short time later. According to reports, the person who placed the 911 call was not allowed back.
Investigators also determined that the smoke alarms were not functioning as they were intended. Both the alarm downstairs and the one in the deceased person’s apartment were not working. By reports, the smoke alarm upstairs actually had no battery in it. This raises the question of whether the apartment complex had procedures in place to make sure that its residents were safe if and when a fire broke out. What procedures did they have to make sure that every unit had at least one functioning smoke alarm at any given time? In new construction, every living area is required to have a working smoke alarm. Under this standard, it would seem that a one bedroom apartment should have at least two. I wonder how many other smoke alarms in the complex are not working and when the last time was that apartment inspected these smoke alarms. There obviously is a problem here that needs to be corrected. Ultimately, the apartment complex is responsible for the safety of their tenants and could be held responsible if they failed in this duty.
My condolences to the family of this man.

Dog Bite Takes Off Woman’s Finger Tip in Kearns

Thursday, February 26th, 2009

Two Bull Mastiffs broke through a fence in a neighborhood in Kearns, Utah on February 26, 2009, and bit a woman’s finger off at about the last knuckle. It happened at 6085 South 5185 West. According to KSL News, the woman was trying to repair her fence when the dog attack happened. The dogs were apparently already in her yard. Both had gotten through the wood-slat fence dividing the two properties. The victim’s grandson reports that they had problems with the two dogs going back two years. Officials from the Salt Lake County Animal Services say that is unsual. The woman was taken to the hospital for treatment. Salt Lake County Animal Control officers located the fingertip and sent it off to the hospital with the hopes that doctors are able to reattach it. Meanwhile, the dogs are in quarantine until officials determine if they have rabies and if they are still a threat.
Legally speaking, the victim in this story has a claim against the owner of the dog that bit her. It doesn’t matter that the dog has been bothering her family for two years or that the bite came out-of-the-blue. No warning or “violent propensities” are needed in Utah since the law imposes “strict liability” on the dog’s owner.
I actually had a case almost identical to this one, where the tip of my client’s finger was bit right off his hand. Unfortunately, he never located the finger tip and now has a finger shorter than the other. In these kind of cases, the victim will want to get the name of the dog owner’s home insurance, assuming the dog owner has some. There is usually coverage for at least $100,000 for personal injury claims. In this dog bite case, I would recommend that the woman contact an attorney who has experience in dog bite cases to find out what her rights and potential remedies are.

Utah Accident Book Reveals Mistakes to Avoid After Car Accident

Wednesday, February 25th, 2009

I’m excited to announce the publication of a book that I wrote designed to help those who have been injured in a car accident in Utah (the information is helpful even if you don’t live in Utah). The book, called “The Utah Accident Book” explores a number of different topics related to car accidents. For example, you will want to read the chapter on the thirteen mistakes to avoid if you have been injured in a car accident. There is also a chapter on representing yourself in your accident case as well as how to decide if you can really do this on your own. If you are looking to hire a Utah personal injury attorney, there is a chapter on this as well.I talk about getting the most money for your wrecked car from the insurance company and how to make sure you get a car rental.
If you are currently with another attorney and are looking to get out of this “bad relationship,” I give you some pointers on how you might do this (after I try and talk you out of it!). Then there is the chapter on how these cases work, how long they take and how much money you might expect from your Utah car accident case. The book will be available by calling my office and asking for it at (801) 553-8840 or by visiting my book website (still being developed) at www.UTAccidentBook.com. Once the site is up and running, you will have the option of getting a .pdf version of my book while you are waiting for the real thing to arrive.
Ron Kramer is a personal injury attorney with offices in Provo, Draper and Bountiful, Utah. You can visit his website at http:\\www.RonKramerLaw.com.

Cedar City Bus Accident Takes Man’s Life

Tuesday, February 24th, 2009

A man who rear-ended the back of a school bus was pronounced dead. According to KSL News, a school bus heading east stopped in Cedar City, Utah, on state Route 56 at 7700 West was dropping off children when the car crash occurred. The bus driver had extended the bus’ stop sign and its lights were on when this happened on February 23, 2009. The 81-year-old man, according to reports, ran into the back, right-hand side. No children on board the bus were injured. The man’s body will be examined to see if maybe he suffered a heart attack or stroke just prior to the bus crash.

Bicyclist Hit In Crosswalk in Salt Lake Passes Away

Tuesday, February 10th, 2009

Yesterday 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, 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