Personal Injury | Utah Law Talk

Archive for the ‘Personal Injury’ Category

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

Posted in Cycling Injury, Personal Injury | No Comments »

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

Posted in Brain Injury, Cycling Injury, Personal Injury | No Comments »

Orem, Utah Car Accident Turns Fatal

Monday, February 9th, 2009

A woman driving in Orem, Utah, was killed from injuries she sustained from a car accident on February 8, 2009. According to Deseret News, it was around 10:20 in the morning and the woman, 23-year-old Adrianne McBride of Murray, Utah, was traveling westbound on 800 South in Orem and approaching State Street. The light at the intersection was red. Witnesses state, however, that McBride’s car continued through the red light and into the intersection. A pickup truck going northbound was coming along just at that moment and her vehicle, a smaller Honda Civic, was stuck on the driver’s side by the pickup. Sadly, Ms. McBride succumbed to her injuries and passed away. The driver of the pickup was taken to Utah Valley Regional Medical Center for evaluation of minor injuries.

Published by: Ron Kramer

Posted in Personal Injury, Vehicle Injury, text messaging | No Comments »

Bountiful Woman Perishes in Centerville Head-On Car Accident

Sunday, February 8th, 2009

A two vehicle collision in Centerville, Utah, on February 7, 2009, has taken the life of a 19-year-old West Bountiful teenager. According to KSL News, Kristy L. Bateman was driving a 1999 Suzuki Esteem north on Main St., just south of Lund Lane around 6:30 at night when the driver of a Pontiac Vibe driven by Jamie Beecher, 32, suddenly swerved into Bateman’s lane of travel, resulting in a head-on crash. Bateman was removed from her car using extraction equipment and flown to Intermountain Medical Center. Life-saving surgery was performed on her, but sadly, doctors were unable to save her, and she passed away late in the evening. Two other passengers in her car were treated for non-life-threatening injuries. Ms. Beecher and her two young children were also treated at the hospital. All drivers and passengers were reported to have been wearing seatbelts.

Video Courtesy of KSL.com

As I wrote a couple days ago, many fatal car accidents in Utah are caused by drivers who fail to follow the rules of the road and allow their vehicles to drift into the opposing lane of travel. Head-on collisions are a common cause of fatal car accidents in Sardine Canyon, near Logan, Utah and on Highway 6, near Helper, Utah. Based on witness accounts and physical evidence that the other driver swerved suddenly, I wonder if the at-fault driver wasn’t distracted by something in her car? There is also a possibility that her vehicle’s suspension failed at the precise moment she approached Kristy Bateman’s vehicle. We are told that the investigation is continuing as to how exactly this crash happened. My condolences to the family.

Published by: Ron Kramer

Posted in Personal Injury, Vehicle Injury, Wrongful Death | No Comments »

Provo Canyon Car Accident Leaves Two in Critical Condition

Saturday, February 7th, 2009

Provo Canyon, Utah, was closed down near the Sundance Resort turnoff on February 6, 2009, when two cars collided. According to KSL News, one of the drivers crossed over into the opposite lane of travel and struck another vehicle nearly head on. There is no indication as to why the driver crossed over to the other side. Perhaps it was a vehicle malfunction, or perhaps distraction on the part of this driver. Drivers in this crash are said to be in critical condition. Passengers were also seriously injured, with one having to be removed by the jaws of life. Provo Canyon was shut down for about 20 minutes to deal with this car accident.

Legally speaking, the driver who crossed over to the other side is most likely at fault. Motorists who drive on Utah’s highways have to know that other motorists will follow Utah’s traffic rules. This includes staying in their designated lane of travel. Driving over into the other lane is one of the main reasons why people die on Utah’s highways. When a motorist violates this very basic rule, then they are responsible for the harms and losses that follow. In this case, passengers in both cars, as well as the other innocent motorist, have a civil claim against the at-fault driver. I would recommend they consult with a Utah personal injury lawyer to find out what their options are.

Published by: Ron Kramer

Posted in Personal Injury, Vehicle Injury | No Comments »

Taylorsville Car-Pedestrian Accident Leaves Boy in Critical Condition

Tuesday, February 3rd, 2009

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

Posted in Pedestrian Accidents, Personal Injury | No Comments »

Salt Lake City Motorcycle Accident Causes Severe Brain Injuries

Tuesday, February 3rd, 2009

Two motorcycle riders are left with severe brain injuries following a car-motorcycle accident this afternoon, February 3, 2009, in Salt Lake City, Utah. According to KSL News, a motorcycle with two riders was heading west on 1300 South in Salt Lake when the driver of a van ran a stop sign at 800 East and into the intersection. The driver of the motorcycle then crashed into the side of this van. Unfortunately, neither the male or female on the motorcycle were wearing helmets. The van driver was cited for running a stop sign.

It is sad that the motorcyclists were not wearing helmets – their injuries likely would be less severe if they had been wearing one. It’s even more sad, however, that the driver of this van failed to follow basic rules of the road and ran the stop sign. It makes you wonder what exactly it was that distracted the driver to the point that he ran the red light. Was the driver on a cell phone or text messaging? We see the red light violation, but see no violation for driving while distracted. While the motorcycle riders certainly have a claim against the driver of the van, they may also have a claim against the employer of the van driver – if the van driver was “on the clock” at the time of this Utah motorcycle accident.

Finally, brain injuries can be devastating to those who receive them, as well as to their family and friends. Unfortunately, medical science has not discovered a way to repair the brain once it has been injured. Brain injury victims will usually recover up to a year, year and a half following their injury and will level off after this, at which point, the residual effects are said to usually be permanent. The Utah Brain Injury Association will be a good resource to these victims and their families as they seek to deal with the effects of this crash. I wish them the very best.

Published by: Ron Kramer

Posted in Brain Injury, Motorcycle Accident, Personal Injury | No Comments »

Woman Critical After Sandy, Utah Car Accident

Saturday, January 31st, 2009

A four-car accident closed down the freeway today in Sandy, Utah. According to KSL News, the car crash happened in the northbound lanes around 7400 South this morning. The UHP have not determined what happened since stories conflict, but a woman in her mid-20’s is in critical condition from it. She was flown to a local hospital for treatment. Our best wishes for a speedy recovery for this woman and others injured in the car accident.

Published by: Ron Kramer

Posted in Personal Injury, Vehicle Injury | No Comments »

Car Crash in West Jordan Sends Six to Hospital–Update

Saturday, January 31st, 2009

Two cars collided on January 30, 2009, in West Jordan, Utah. According to KSL News, a van was making a left-hand turn on New Bingham Highway when it collided with an oncoming SUV. The crash was quite significant as emergency crews had to remove the roof of the SUV to get the occupants out. Two of those injured were flown by helicopter to the hospital while the other four rode in an ambulance.

Video Courtesy of KSL.com

From the sound of it, it seems like the driver of the van failed to yield the right-of-way to the oncoming SUV. Unfortunately, it seems that this is a regular occurrence in Utah.

As I have written on a number of occasions, and as I will continue to write, motorists in making a left-hand turn have an absolute duty to yield to traffic so close as to constitute a danger to themselves or the other motorist. Drivers need to exercise a little patience while on the road and not be in such a hurry.

Update 2/2/09: I was saddened to learn over the weekend that a woman in the van passed away at the scene from injuries in this car crash. In reviewing some of the comments, I noticed that others say this is a very dangerous intersection. One that has seen its share of car accidents. If the intersection has a defect in the way it is contructed or the way the light signals are set up, then there is potential liability against the city or state for failing to make this intersection safe. This is especially true if the city or state had notice in the form of numerous car accidents in this area, that this intersection is more dangerous than others. The state and the Utah Dept. of Transportation is not allowed to sit around forever while people continue to get hurt, and in this case, get killed, navigating through this intersection. My condolences to the family.

Published by: Ron Kramer

Posted in Personal Injury, Vehicle Injury | No Comments »

Taylorsville Man Dead Following South Salt Lake Car Accident

Monday, January 26th, 2009

An older gentleman from Taylorsville who failed to yield to a pickup truck, died this afternoon, January 26, 2009, in South Salt Lake City, Utah. According to the Salt Lake Tribune, the 76-year-old man, Sheldon Dudley, was killed when he turned south onto State Street from Miller Avenue (3015 South) without yielding the right of way to a northbound truck. His Honda sedan was then broad-sided by the pickup. Sadly, Mr. Dudley passed away at the scene of the car accident. The driver of the pickup is reported to have received minor injuries.

If there is a lesson to be learned, it is that it is crucial to yield the right away to vehicles that actually have the right of way. Unfortunately, far too many people fail to properly yield. Practicing personal injury law in Utah, I meet with people all the time who were injured when another driver failed to yield the right away when making left-hand turns. The truck accident that killed a UPS driver a couple months ago involved a dump truck driver who turned left right in front of the fast-approaching UPS truck. It might seem like a little thing, this waiting our turn, but the failure to do so while on the road can have tragic consequences.

Published by: Ron Kramer

Posted in Personal Injury, Vehicle Injury | No Comments »