Personal Injury | Utah Law Talk

Archive for the ‘Personal Injury’ Category

Small Child Killed in Auto-Pedestrian Accident in Spanish Fork

Sunday, December 21st, 2008

According to news reports, a 6-year old crossing the street with her 8-year old sister, was killed by an SUV at the intersection of 200 East and 800 North in Spanish Fork, Utah. The accident happened on Saturday, December 20, 2008, around 1:30 p.m. According to a witness, the children were standing on the street waiting to cross and then they ran to cross the street. A 35-year old woman from Springville was the driver of the striking vehicle and was said to be going between 25-30 mph when her car struck the young child. Police attempted to revive the child at the scene and the girl was taken to Payson Regional Medical Center, where she was pronounced dead.

To lose a 6-year old is tragic. I have lost a young child and I know how absolutely gut-wrenching it can be. My prayers go out to the family of this lost little one.

In Utah, a pedestrian can cross anywhere there is an intersection, unless there are signs prohibiting it or it cannot be done so safely. The story didn’t mention if this was a marked crosswalk or not. In Utah, a child is held to a different standard and is not expected to appreciate the dangers of approaching cars, as a teenager might be. Motorists seeing small children by the side of the road must exercise great care in case that child starts into the street.

In this case, the crash happened in the afternoon when there was good light. While there is no evidence to show that this driver did anything wrong, it would be wise to investigate this tragic pedestrian accident to see whether this accident was avoidable or not. I would recommend that the family get the police report and visit with a Utah personal injury attorney to review the facts involved in this case.

Published by: Ron Kramer

Posted in Childrens Injuries, Pedestrian Accidents, Personal Injury | No Comments »

Driver on Cell Phone Critically Injured Following Car Accident in Sandy

Tuesday, December 16th, 2008

In a case that provides a vivid reminder of just how dangerous it is to drive while talking on the phone, a woman was critically injured last night in Sandy, Utah, as she was talking on her cell phone. According to KSL News, the 64-year old Kearns, Utah woman was talking on her cell phone to a family member last night, December 15, 2008, when she ran into the back portion of a truck parked in the emergency lane of the I-15. The woman was going north and was just approaching the 90th South exit in Sandy when the crash happened. The family member reported hearing the woman yell and then the phone went dead.

The truck she ran into was reportedly abandoned. This is a very dangerous situation. It is unknown whether any lights or emergency blinkers were on or whether any emergency warnings were placed around the truck. The pictures on KSL.com, however, do not show that the truck’s lights were on. It is likely that the truck’s reflectors were not particularly reflective given the high amount of salt and grime on the highway last night.

Video Courtesy of KSL.com

This kind of crash is actually not uncommon. This is one of the reasons why vehicles are not allowed to stop on the side of the highway except briefly for emergency reasons. The UHP knows of this danger and every year it seems we here of cases where a trooper parked on the side of the road is rear ended by an oncoming vehicle.

I would recommend that the family of this woman contact a personal injury lawyer in Utah to find out what possible remedies she has in this situation. Certainly she bears some of the blame for driving off the road and hitting the truck. If the truck was parked in a dangerous way and was not lit up to warn motorists of its location, however, then the trucking company bears some of the blame as well. My best wishes to the woman in this crash for a speedy recovery. And to all of us, a lesson to limit our cell phone and text messaging use while driving.

Published by: Ron Kramer

Posted in Personal Injury, Trucking Accident, Vehicle Injury | No Comments »

Name of Man Who Perished in Auto-Pedestrian Accident Released

Monday, December 15th, 2008

Last Friday, December 12, 2008, a 49-year old man was killed while crossing a street in Salt Lake City, Utah. He has now been identified as Khosro Baesmat (the news agency also referred to the deceased as Khosro Baesmar). According to the Deseret News, Mr. Baesmat he was crossing the street while crossing at North Temple near 1900 West at around 6:45 in the evening. As he made his way across the street, he was struck by a vehicle and launched into the path of yet another car which was in the opposite lane. The police reported that Baesmat was not crossing the street in a crosswalk and was apparently several hundred yards from one.

I see no facts that would implicate the driver of the person who hit this gentleman. The big danger of jay walking is that motorists just don’t expect pedestrians to cross in front of them mid-block. If he did cross at an intersection, however, this could be considered crossing in an “unmarked” crosswalk. Our condolences go out to the family of Khosro.

Published by: Ron Kramer

Posted in Pedestrian Accidents, Personal Injury, Vehicle Injury | No Comments »

Car Accidents in Utah Abound When the Snow Flies

Monday, December 15th, 2008

Over the weekend, the Utah Highway Patrol reported that hundreds of vehicles were involved in motor vehicle accidents, including collisions with other vehicles. Of the 221 car wrecks over the weekend in Salt Lake County, 31 of those involved injuries. Of the 69 car crashes in Utah County, 8 involved injuries.

When the roads are icy or snowy, motorists just need to slow down. They also need to make sure their tires are in good shape and, if possible, purchase a pair of snow tires. Some people are of the mistaken impression that accidents that happen on snowy or icy roads are inevitable. Actually, it is the insurance company that seems to say this the most when they are trying to deny coverage for the person who was struck by their insured customer. But the fact is that during icy conditions, that drivers are required to adjust their speed for the conditions. If they don’t, and as a result they crash into another car, then they are responsible for the harm that results.

Ron Kramer is a Utah personal injury lawyer whose practices largely involves representing those injured in Utah car accidents.

Published by: Ron Kramer

Posted in Personal Injury, Vehicle Injury | No Comments »

Auto Pedestrian Accident Takes Life of North Ogden Man

Wednesday, December 10th, 2008

A man crossing the street last night on December 8, 2008 around 6:00 p.m., was struck by a small passenger car and killed. According to a report in the Deseret News, the 66 year-old man from North Ogden was not in a crosswalk when he was crossing the street around 2700 North 300 West. The woman who hit him told the police she didn’t see him. The pedestrian was taken to McKay Dee Hospital in Ogden. Sadly, doctors were unable to save him and he was pronounced dead shortly after his arrival.

In Utah, pedestrians are allowed to cross streets wherever there is an intersection, if it can be done so safely. Some only think crossing the street can be done where there is a crosswalk. The fact is, there are relatively few marked crosswalks at the myriad of intersections in our state. Those crosswalks that are not officially marked are called “unmarked crosswalks.” They are still considered a crosswalk, even though there is no paint in the street.

The story I looked at doesn’t say whether the man crossed mid-block or at an unmarked crosswalk. Nonetheless, pedestrians still need to make sure the coast is clear before they venture into the street. Since the story is lacking some critical facts that would normally allow me to comment in more detail on whether there is a legal claim, I would recommend that the family of the man get a consultation with a Utah personal injury attorney to review the facts of this case.

I offer my condolences to those involved in this tragic pedestrian accident.

Update: The victim in this Utah pedestrian accident has been identified as 66 year-old Jerry Shaw.

Published by: Ron Kramer

Posted in Pedestrian Accidents, Personal Injury | No Comments »

Weber County Car Accident Sends Five to Hospital

Tuesday, December 9th, 2008

A car accident on December 6, 2008, near Ogden, Utah, has left a 74-year old Idaho man in critical condition and four other Ogden Utah area residents injured. According to KSL News, the crash happened around 9:50 p.m. when the older gentleman going southbound crossed the center line on U.S. 89, causing the van he was driving to collide into a northbound Ford Expedition around 6400 South. The collision caused the Expedition to roll. Four Ogden residents were in the Expedition at the time and were treated at McKay Dee Hospital for bruises and cuts.

Car accidents such as this one are completely preventable. Those that drive on Utah’s roads have a duty to follow basic rules of the road, such as staying in one’s lane of travel. Motorists also have a duty to refrain from activities that can distract, such as text messaging, talking on cell phones, putting on make-up, etc. Motorists are further prohibited from driving while intoxicated. Along those lines, motorists should never be driving when they are so drowsy that their ability to drive safely is impaired.

We’re not sure why this driver crossed the center line. The facts of the case, though, show that he was at fault in doing so. I would recommend the family consult a Utah personal injury attorney to explore what options they may have in this situation. Under Utah law, a personal injury claimant needs to have at least $3,000 in medical bills before they can make a claim against the insurance company of the other driver. Many who have been in a car accident in Utah, never get to that level and will not need a lawyer. Even those that may get to that level following their car crash, don’t necessarily need a lawyer to resolve their case with the insurance company. We wish everyone the best as they recover from their injuries.

Published by: Ron Kramer

Posted in Personal Injury, Vehicle Injury | No Comments »

Spinal Cord Injury Victim Receives $23.5 Million Verdict

Tuesday, December 9th, 2008

In what is being described as the largest traffic accident verdict in Kansas, a jury last week handed down a verdict of $23.5 million in a lawsuit involving the collision of two semi trucks that left one of its victim with a serious spinal cord injury. The amount was later reduced 35 percent by the judge to reflect the contributory fault of the injured victim, for a net verdict of $15.3 million.

According to the Wichita Eagle, the injured man, Terry Frederick, 56, of Overland Park, KS, was asleep in the sleeper portion of a Yellow Freight truck being driven by his riding partner, Dennis Bottorff. The truck accident happened on U.S. 54 near Tucumcari, NM. At the time, the truck was traveling down the highway, approaching a truck stop. Around this time, a woman, in a Swift semi-trailer, was backing her rig onto the highway. (The woman, it is reported, was under the influence of meth at the time.) Mr. Bottorff was apparently unable to stop in time and rear-ended the rear portion of the Swift truck. Sadly he died at the scene. Terry Frederick, who was in the sleeper cab, received a serious, disabling spinal cord injury.

Because of Terry’s severe injuries, he racked up massive amounts of medical bills, some $5 million, according to news reports. The bulk of the jury’s verdict will go to pay back medical providers and care givers who rendered medical treatment and to pay others to provide medical support to him in the future. Kudos to the attorneys who got him this tremendous result. We wish him the best as he continues to adjust to a radically-changed life style that came as a result of the other driver’s (and the trucking company’s) poor choices.

Ron Kramer is a Utah personal injury attorney who specializes in vehicle accident cases, including those involving spinal cord injuries. Earlier this year, he obtained a seven-figure jury verdict for a client who had received a spinal cord injury from a motor vehicle accident in Ogden, Utah.

Published by: Ron Kramer

Posted in Dog Bites, Personal Injury, Spinal Cord Injury, Trucking Accident, Vehicle Injury, text messaging | No Comments »

Car Crashes Near Moab, Killing Mother, Injuring Son

Tuesday, December 9th, 2008

A 70-year-old woman and her son traveling on U.S. 191 about eight miles north of Moab, Utah, were involved in a car accident on December 7, 2008. According to KSL News, Brigida Alcaide’s son was driving her vehicle near Moab when, according to news accounts, he lost control of it. He told law enforcement that he may have been drowsy at the time. Ms. Alcaide suffered internal injuries and died at the scene of this Utah car accident. The deceased’s son suffered only minor injuries. Both were wearing seat belts at the time of the crash.

Some say that drowsy driving is “buzzed driving.” This is true in the sense that driving while drowsy has the effect of impairing the attention span and driving abilities of those that drive, just the same way drugs or alcohol might. Our thoughts are with the deceased and with her son, who no doubt is having a hard time dealing with what happened.

Video Courtesy of KSL.com

Family members should be aware that the Washington State auto policy has certain coverages that may provide a death benefit for Ms. Alcaide. There is also a benefit under the policy for the family (including a husband, if any, parents, if any, and children) who might make a “wrongful death” claim up to the policy limits available for “bodily injury.” The family may be interested to talk to a Utah personal injury attorney regarding what remedies are available.

Published by: Ron Kramer

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

Vernal Utah Car Accident Leaves One Dead, Two Injured

Monday, December 8th, 2008

When you drive a Dodge one-ton dually over 100 mph down the road, you better make sure your seat belt is on to reduce your injuries when your truck crashes. Occupants of one such Dodge truck were not so lucky when on December 6, 2008, the driver of the truck, Rebecca Kuhn, lost control on U.S. 191 in Utah around 9:30 at night and rolled the truck multiple times. According to KSL News, all three occupants of the truck, believed not to have buckled up, were ejected from the truck following the crash. All were residents of Grand Junction, Colorado. Rebecca Kuhn, sadly, perished at the scene and Charles Brandon was flown in critical condition to a Salt Lake City, Utah hospital. A third passenger, John Thomas, was taken to Ashley Regional Medical Center in Vernal, Utah, and is said to be in stable condition.

Driving over 100 miles per hour down a desolate stretch of Utah blacktop – at night – is nothing short of reckless. If you’re going to do it, though, please, please buckle your seat belt. In fact, whether you are driving carelessly or not, all drivers should INSIST that all passengers in their car wear their seat belts. It is a driver’s responsibility and it is the law.

Legally speaking, both passengers have a claim on the driver of the truck and/or the insurance policy taken out for the truck. If they have their own insurance, they can make a claim on the “underinsured” portion of it.

We offer our condolences to the family and friends of the deceased and wish the victims in this crash a speedy recovery.

Ron Kramer is a Utah personal injury attorney practicing in Salt Lake County as well as state-wide.

Published by: Ron Kramer

Posted in Dog Bites, Insurance, Personal Injury, Vehicle Injury, Wrongful Death, text messaging | No Comments »

Taylorsville Car Accident Claims Life

Friday, December 5th, 2008

In what appears to be a recent rash of drivers failing to yield when making a left-hand turn, a passenger in a Chevy Trailblazer died in Taylorsville, Utah tonight, December 5, 2008, when the vehicle she was in collided with a truck. According to the Deseret News, police are saying that it appears that it appears that a truck attempted to turn left and the other vehicle crashed into it. The crash happened at the intersection of 6200 S. Redwood Road. The driver of the Trailblazer is in critical condition tonight. Two 13-year old girls in the back seat of the SUV were treated at Primary Children’s Hospital and, thankfully, they’re expected to make a full recovery. The driver of the turning truck is reported to be in serious condition. Police suspect alcohol played a role in causing the crash. Those who witnessed it are encouraged to call the Salt Lake County Sheriff’s Office at 801-743-7000.

As I mentioned, there has recently been a rash of car accidents in Salt Lake County where one motorist fails to yield when making a left-hand turn. Most notably was the crash a few days ago near Tooele, Utah, where UPS driver Alan Christofferson was killed when a dump truck loaded with mud turned left into his path.

Drunk driving may have also been to blame in this crash, according to police. Alcohol can impair a driver’s judgment when they are out on the road, leading to poor driving decisions. If the driver purchased their alcohol from a bar or tavern, then that establishment could also bear some of the blame for the crash.

The law in Utah, as well as in other states is clear: motorists turning left MUST yield the right away to other motorists so close as to constitute a hazard. Even if someone is out in the intersection waiting for traffic to clear and their light has turned red, they must wait until oncoming traffic has cleared before they make their turn. Those persons who are injured when the other motorist fails to yield, have a claim against the at-fault motorist.

Ron Kramer is a Utah personal injury attorney who spends a good portion of his time litigating car accident cases.

Published by: Ron Kramer

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