An infant is dead following a single-car rollover near Payson, Utah on March 1, 2009. According to the Salt Lake Tribune, a family was traveling from Las Vegas to Salt Lake City, Utah. Around Payson, the driver, Doris Licona, fell asleep at the wheel and lost control of the SUV she was driving. The vehicle bounced into a guard rail, she overcorrected, and the SUV ended up rolling at least twice in the median. Only one person of the five in the car was reported to have been wearing a seatbelt. This includes the mother of a young child, Michelle Nuila, 19 years of age, who had her 9-month old son Jonathan on her lap and was sitting in the front seat.
All front seat passengers, including the infant, were ejected out of the car. The baby died at the scene. The two in the back seat, a ten-year old and 2-year old, who were children of the driver, were taken to the hospital in stable condition. The two year old was the only person in the car that was restrained.
This is a simply tragic case that could have largely been avoided if the passengers had seat belts on. This includes the children who should be placed in age-appropriate car seats. A small child, who doesn’t know any better, should never ride in anyone’s lap. I suppose adults have their agency to choose for themselves. But parent’s must ensure that their minor children are always properly restrained.
Finally, driving while fatigued can be just as bad as driving drunk. It impairs drivers to the point that they are unable to safely operate their car.
Archive for the ‘Vehicle Injury’ Category
Infant on Mom’s Lap Perishes in Fatal Accident Near Payson
Monday, March 2nd, 2009Family from Sandy Loses Three Members in Fatal Car Accident
Saturday, February 28th, 2009A 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.
West Bountiful Sisters Who Died in Sanpete County Crash Remembered
Tuesday, February 17th, 2009Over the weekend, a candlelight vigil was held for victims of a car accident occurring in San Pete County, Utah. According to KSL News, the two girls, 19-year-old Shiloh Edwards and sister 21-year-old Micah Edwards, both of West Bountiful, Utah, were killed on February 13, 2009, in a head-on crash in Sanpete County on Highway 89. The two were on their way home to West Bountiful so that Shiloh could get engaged. They were both students at Snow College and had formerly graduated from Bountiful High School.
According to the UHP, the crash happened when the Edwards car collided with a pickup truck. The sisters were in a Toyota Corolla and were driving on slippery, snow-packed roads. According to reports, the Corolla spun out and crossed over into the opposite lane of travel. The pickup truck then hit the passenger side of the car. The two in the pickup truck were still described as being in critical condition following this crash.
My condolences to all those involved in this tragic car accident.
Published by: Ron Kramer
Box Elder County Car Accident Claims Life of Young Man
Tuesday, February 17th, 2009A 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
Accident Claims Life of Brigham City Resident
Tuesday, February 17th, 2009A car accident took the life of a 53-year old in Brigham City, Utah. According to the Deseret News, Brigham City resident Rodney Elmore was driving himself to his doctor’s appointment on February 16, 2009 around 11:00 a.m. when witness say that they saw his car weaving. His car then hit a concrete wall in the median. Elmore, who was determined not to be wearing a seatbelt, was partially ejected and died from injuries incident to the car crash. No other motorists were involved in this car accident.
This is a sad story. From the sound of it, his losing control over his vehicle could have been the result of a medical condition. I could also have resulted from a catastrophic failure of his car’s steering and/or suspension system. The police are reportedly still investigating the actual cause of the crash. I hope they don’t overlook a vehicle defect as being a possible cause of this crash. I wish Rodney Elmore’s family the best as they deal with his tragic death.
Published by: Ron Kramer
Truck Accidents Near Beaver, Utah, Cause Injuries, Fatality–Update
Thursday, February 12th, 2009Officials today, February 12, 2009, shut down the I-15 just south of Beaver, Utah, between mile markers 95 and 109, for a couple hours following a string of big truck-car accidents and the fatality of an 18 month-old infant.
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
Orem, Utah Car Accident Turns Fatal
Monday, February 9th, 2009A 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
Bountiful Woman Perishes in Centerville Head-On Car Accident
Sunday, February 8th, 2009A 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
Provo Canyon Car Accident Leaves Two in Critical Condition
Saturday, February 7th, 2009Provo 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
Salt Lake County Car Crash Seriously Injures Four
Tuesday, February 3rd, 2009Four people are seriously injured tonight in Salt Lake County, Utah, when a Mustang came into the opposite lane of travel and struck a Jeep Cherokee carrying a man, his wife, and their 5-year old child. According to KSL News, this car accident happened on Utah State Highway 111 near 7000 South around 5:30 p.m. on February 3, 2009. According to police, there may be some witnesses who say that the driver of the Mustang may have been distracted. All persons involved in this crash have sustained serious, life-threatening injuries.
The driver of the Mustang was removed by the jaws of life after a passerby used his personal fire extinguisher to put out a fire in the Mustang. Kudos to this brave and quick-thinking individual for saving this guy’s life! The family in the Jeep were more easily removed and transported to area hospitals, with the 5 year-old being first taken to Pioneer Valley Hospital and then flown to Primary Children’s Hospital. All of the family’s injuries are said to be life threatening. Our best wishes to this family for a speedy recovery.
I have been chided in the past by some readers when I offer my opinion as to who is to blame for the various car accidents I comment on. Being a Utah personal injury attorney, however, I weigh in on an almost daily basis on who is to blame on any given car accident. In this case, the facts very clearly point to the Mustang driver being responsible for this crash. Obviously, when someone comes head-on at you – in your lane of travel – there is a serious violation of Utah’s driving rules. Many head-on accidents in Utah end up being fatal accidents. Luckily that wasn’t the case here.
I also feel in this car accident that the Mustang driver was distracted. I see no other explanation, besides perhaps a vehicle defect, as to why he would be driving in the opposite lane of travel. I’m sure law enforcement and/or the county attorney will review cell phone records to see if cell phone use or texting played any role in this serious car accident.
Published by: Ron Kramer
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