According to police, the student truck driver was driving south on Interstate 15 at around 3:00 p.m. when he lost control of the truck as he attempted to round a curve at a high rate of speed. Zimbio reports that the driver lost control on the wet pavement and crossed over the center median into the northbound lanes. The truck then slammed into a Chevy Malibu that was driven by a 38-year-old woman from Plain City, Utah. Three other passengers were also riding in the Malibu, they were treated for minor injuries After the truck hit the Malibu, the Malibu went off the road and ended up about twenty feet down the embankment. The semi-truck ended up on the northbound side of the interstate

New Harmony emergency personnel arrived and treated all injured parties. The woman driving the Malibu received the most serious injuries and was taken to Dixie Regional Medical Center in St. George, Utah. She was then airlifted to Intermountain Medical Center in Murray, Utah. Her name has not been released but sources report the injuries were not considered life-threatening.

Utah Highway Patrol, who responded to the accident, report that the student truck driver carried a valid commercial driver’s license but had not yet completed the required 300 hours of driver training. His instructor had allegedly fallen asleep when the driver attempted to take the curve.

I truly wish all the parties the very best as they recover. How fortunate that the injuries were not life-threatening.

The parties traveling in the Malibu can make a claim against the insurance of this truck school. The driver, the trainer, and the school all share liability in this accident. I recommend that the parties traveling in the Chevy Malibu contact an experienced Utah trucking attorney who will help them receive the compensation they deserve.

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

According to a story in the Deseret News, the accidents first happened around 2:30 p.m. Around this time, witnesses say that the snow was coming down hard, yet it was bright outside. Witnesses report that it was a semi-truck and a passenger car that first collided, with the semi reportedly rear-ending the car in front of it. While they were trying to move the vehicles off the freeway, an 18-wheeler came along and hit the first semi, causing it to jacknife. Several cars that were by this truck, became involved in the crash. It is reported that other cars and trucks driving along this corridor also collided into each other.

Another tractor trailer truck carrying 1,000 gallons of fuel was also involved in a crash in this stretch of highway when it too hit another big rig in front of it. Several hundred gallons of fuel spilled onto the highway and areas surrounding the highway. The Utah Highway Patrol reports that 22 vehicles, including six semi trucks and one gas tanker, were involved in wrecks along this stretch of highway.

Seven people were taken to local hospitals. The infant child, who is now identified as Isaiah Rowley, of Orem, Utah, was taken to Valley View Medical Center in Cedar City where he passed away from injuries he received. By reports, the car the infant was in was rear ended by a semi-truck, which in turn caused the child’s car seat to push up into the front part of the vehicle. I offer my condolences to the family for the tragic loss of their child and best wishes to the others who were injured for a speedy recovery.

For the very reason that big rig trucks can inflict terrible injury and death on those they share the road with, the Dept. Of Transportation has issued a strict set of rules that truck drivers are required to follow. One of these rules, found in section 392.14, states:

“Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. Whenever compliance with the foregoing provisions of this rule increases hazard to passengers, the commercial motor vehicle may be operated to the nearest point at which the safety of passengers is assured.”

The bottom line is that semi truck drivers have a higher duty to driver safely. Based on witness reports of heavy snow and ice on the highway, however, it doesn’t sound like the drivers of the big trucks involved in this crash fulfilled their duty under federal law.

After accidents involving semi trucks happen, the trucking companies, working with risk management companies that they belong to, will quite literally dispatch investigators to the scene to inspect the scene of the crash as well as the truck and document every conceivable aspect of the truck accident. They will review the driver’s log book, fuel receipts, dispatch reports, gps information, bills of lading, along with “black box” information. They will also physically inspect the cab of the truck to look to see if there are duplicate log books, that some less-than-honest truckers carry with them to see if the truck driver is honest in reporting his or her time behind the wheel. Fatigue and overworking have been shown to be big contributing factors to big rig crashes. All the information that the investigative team collects will then be analyzed by these risk managers and will be discussed by defense attorneys the organization keeps on retainer for situations like this. And all this will most likely happen in the first 24-36 hours, before the trucking victim or their family is even thinking about hiring an attorney.

It therefore goes without saying that those involved in this string of trucking crashes should consult with a personal injury attorney to find out what remedies they have available.

Published by: Ron Kramer

At any rate, I learned that in the past few years, that Provo City has increased the number of officers assigned to patrol traffic and has actually hired officers whose almost sole purpose is to write traffic tickets. Although increased revenue of almost one million dollars annually for traffic ticket/traffic school tickets has helped replenish the city’s coffers, I learned that an even more important side benefit is that there are now significantly fewer Provo car wrecks than before the additional officers were hired. In my mind, this is a win-win situation all around: more money for Provo City, safer roads in Provo, and fewer injuries from fewer Provo car accidents.

Ron Kramer is a personal injury attorney practicing in Utah County, with a Provo office at 495 N. University Av., Suite 100. Mr. Kramer focuses on car accident, pedestrian, and truck accident cases. He also handles other types of personal injury cases, such as slip and fall and dog bite cases, and serves the cities of Springville, Lindon, Pleasant Grove, Cedar Hills, American Fork, Spanish Fork, Mapleton, Nephi, Santaquin, Price, Payson, and others.

Published by: Ron Kramer

Published by: Ron Kramer

Now normally if an employee is injured when they are on the clock and another employee or the employee themselves is to blame, then it will be a workers compensation case. In these situations, you cannot sue the employer. However, in Utah if a “third-party” can be blamed for the work place accident, then the worker, or the worker’s family in this case, can bring a civil action against the at-fault person or company. In Utah a “wrongful death heir” is either the parents, the spouse, or children of the injured or killed worker. Thus, the door is now opened for Mr. Kay’s family members to bring a claim against Ames Construction. (They incidently could have brought a claim before, but an administrative determination of fault should be very useful in helping the family establish their claim.) I would recommend that the family contact a Utah personal injury attorney that has experience in handling wrongful death cases to help.

Published by: Ron Kramer

UDOT director is not so sure that a cell phone/text messaging bill would pass in the first place. He says that “most legislators driver around with Blackberries all the time, using them while they drive.”

Published by: Ron Kramer

My condolences to the family of this man. It sounds like he was driving prudently in one of the right lanes when this all happened. From the facts of the story, I can’t see that Mr. Christensen contributed in anyway to the car accident. I also feel for the driver of the Ford. I’m sure he didn’t intend for this accident to happen, certainly not for it to happen the way that it did.

In most situations where car accidents occur in icy or snowy weather, it is because the driver is driving too fast for conditions or has faulty equipment, such as tires that are not in good condition to do well on snowy or icy roads. Although people like to blame God for crashes like this, the fact is that almost all of these crashes are because of human error. We hear this same thing from the UHP: that motorists are driving too fast for conditions and that they are not keeping enough distance between their car and the one in front of them.

In this case, I definitely see a claim against the driver of the Ford and possibly a claim against the driver and/or company of the semi-truck (although the crash may simply have been unavoidable). The family may also make a claim on the “under-insured” policy that was on the Toyota. (In situations like this, claims are almost always made against the insurance companies that insure these vehicles.) I would recommend that the family talk to a Utah accident/injury attorney that focuses on car accident cases to explore the legal remedies that may be available to them.

Published by: Ron Kramer

Now, the driver of that dump truck, Steven Jakeman, has been charged with vehicular homicide, driving on a suspended or revoked license, and – really the violation that I think caused the whole crash to happen – failure to yield.

I am sure that Mr. Jakeman is tormented enough with knowing that his actions led to another person’s death. I think, though, that our state prosecutors have a duty to the citizens to prosecute motorists who violate Utah’s rules of the road and seriously injure and kill someone in the process. Criminal prosecution actually has a secondary effect of making our roads a little safer. After all, if a driver who causes a fatal accident only got a ticket for his actions, the censure may not be enough to make him and others think differently when they are in this situation again. Knowing that you can get jail time by putting others at risk on the highway adds an extra measure of accountability to those who drive on Utah’s roads. It’s like Utah’s DUI laws: those that drive drunk and get caught know that they will be in trouble if they are caught.

Published by: Ron Kramer

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