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Archive for the ‘Wrongful Death’ Category

Teen Dies at Church Camp Near Heber City

Wednesday, June 30th, 2010

Sophie Rose Barton passed away Monday, June 29, 2010, while she was hiking at an LDS church camp just east of Heber City, reports the Salt Lake Tribune. According to the story, Sophie Barton had just visited a lake with other campers in her group and was heading up hill back to camp. At some point, she started to fade in and out of consciousness. An ambulance was called and she was taken to Heber Valley Medical Center. Sadly, medical staff were unable to save her.

I send my deepest condolences to the family of young Sophie. According to reports, she was quite accomplished musically and was a regular performer at events throughout the state. I know she will be missed by many.

An autopsy was performed a day after her death, and the results have yet to be released. The high temperature was reported to have been 96 degrees in Heber City on Monday. Right now, it is unknown whether this was a factor in her losing consciousness. One of the symptoms of heat stroke, or hyperthermia, is the loss of consciousness as body organs begin to fail because of an excessively high body temperature. We know that it was a very warm day, she was exerting herself by hiking uphill, and she was losing consciousness. It sounds like she very well experienced heat stroke.

This leads us to the next question of how this could have been prevented. If this were a BSA scout troop, each of the participants would have already received a physical. Even adult leaders who accompany scouts at camps or multi-day hikes are required to get one. It is my understanding that there is no such requirement for young women who attend church camp. A physical, among other things, can help root out those who might have medical issues, even though it doesn’t sound like Sophie had any before this hike. Strenuous hikes can also be done in the early morning hours while it is still cool. And even while on the hike, regular attention to adequate hydration can prevent dehydration and excessive body temperature. Finally, proper training for the the volunteer youth leaders on preventing and recognizing heat stroke and dehydration will also go a long way in insuring that such a tragic death does not happen again.

The opinions expressed above belong to Ron Kramer, a Utah personal injury and accident attorney.

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Springville Utah Man Killed in Hang Gliding Accident

Tuesday, June 15th, 2010

Kent Warren from Utah County has passed away when he crashed a powered hang glider into a power line in Springville, Utah. Friends of Mr. Warren say that Warren loved a good adventure and danger did not deter him from the sport he loved. Springville police say that 59-year-old Warren was trying to take off from the field of the Springville Junior High School when he clipped the power lines at the far edge of the athletic field. His son Sam was there videotaping the entire event. According to Sam and the KSL news, Warren felt that he was clear of the power lines and had space to get airborne. As he clipped the power line he was thrown down onto the asphalt and died on impact.

What a horrible accident, I offer Mr. Warren’s family my thoughts and prayers during this difficult time. My heart goes out to Sam, who had to witness the tragic death of his father.

Ron Kramer is Utah accident and injury attorney who has many years of experiences representing the injured all throughout the state of Utah.

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Salt Lake City Motorcycle Accident Claims Man’s Life

Thursday, June 3rd, 2010

A Salt Lake City Utah man is dead following a motorcycle accident occurring on May 30, 2010. According to the Salt Lake Tribune, the motorcycle rider was westbound on 500 South around 11 a.m. and was starting to accelerate forward from the intersection to cross over State St. when a motorist driving a Chevrolet collided into him. The impact of this motorcycle crash, which was said to have caused the motorcyclist a serious spinal cord injury, instantly killed this gentleman. And he died despite the fact that he wore a helmet. Police are said to be investigating which vehicle had the right-of-way and the speed of the Chevrolet.

My sincere condolences go out to the family of this man, whoever he might be. I wish his family the very best as they deal with the aftermath of this tragic motorcycle accident.

From the story, it sounds as if the motorist had run a red light and collided into the motorcyclist who was just starting from the intersection, probably at the point that his light turned to green. If this is the case, then certainly the other driver is to blame for running a red light and the family has a Utah wrongful death claim on their hands.

I would recommend the family of this man, his parents, children and/or parents, consult with an experienced Utah wrongful death attorney to advise them of the remedies that might be available to them in this tragic case. I would suspect that whatever insurance policy the motorist had should be coughed up and that those making a claim would also be entitled to under-insured coverage as well under the motorcycle rider’s policy.

Ron Kramer is a Utah motorcycle accident attorney and personal injury attorney with offices in Utah, Salt Lake and Davis Counties.

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St. George Drunk Driver Takes Life, Gets Prison Term

Wednesday, January 27th, 2010

John Hanson pleaded guilty to automobile homicide and will receive the maximum sentence of one to fifteen years. The decision came in the Utah 5th District Court on Monday, January 25 , 2010. Hanson pleaded guilty to driving drunk and striking and killing 52-year-old motorcyclist, Leland Lloyd. This fatal Utah auto accident happened near an Albertson’s on Telegraph Street in August of 2009 in St. George, Utah.

Hanson’s attorney said that Hanson has felt terrible remorse for his actions and since the Utah auto accident Hanson has taken steps to get help with his alcohol problem, reports thespectrum.com. Hanson wishes to continue his alcohol treatment.

In court, Hanson read a letter he wrote to the Lloyd family, who were present in the courtroom during the trail. He said he’s constantly tormented by what he has done. “Your lives and dreams have truly been shattered,” Hanson said. “I wish you could understand that I’m not a monster, but a loving caring person.” He continued, “But my pain must pale in comparison to what you are going through.”

After the verdict was given Judge Rand Beacham said, “Mr. Hanson has made serious strides (to improve) but the problem is he waited too long and he’s affected too many innocent lives.”

Utah Drunk Driving Statistics

Utah DUI law prohibits any person from operating a vehicle if he or she’s blood alcohol concentration is .08 or greater or the person is under the influence of alcohol or drugs that makes the person incapable of operating the car safely. Drunk driving sentences range from class B misdemeanors for first offenders to a third degree felony when the person has had a prior DUI conviction or the accident causes a fatality.

In 2008, data given by alcoholalert.com shows 275 total fatalities were alcohol related. In the United States, an estimated 11,773 people died in drunk driving crashes. That number constitutes 31.6% of the total number of traffic fatalities in the United States in 2008.

Ron Kramer is a Utah personal injury attorney with offices in Provo, Draper and Bountiful Utah.

Posted in Drunk Driving, Utah car accident, Wrongful Death | No Comments »

Driver On Drugs Gets Year in Jail for Fatal Utah Car Accident

Friday, January 15th, 2010

Thirty-one-year-old, Daniel Martin Long, was charged with second-degree felony automobile homicide and third degree unlawful possession of a controlled substance, following a fatal Utah crash that killed 23-year-old Nathan Barlow, on April 21, 2007.. Martin was under the influence of a prescription drug when he rear-ended the bakery delivery truck driven by Nathan Barlow on Interstate 15 near 2300 North in Salt Lake City, Utah. Barlow died when his truck swerved off the road and rolled several times. Long who was not injured, told the Utah Highway Patrol that he had dozed off, but witnesses told UHP that Long was traveling around 100 mph just before the crash, and was swerving to avoid traffic.

According to the Salt Lake Tribune, UHP determined he was under the influence of a central nervous system depressant and State Troopers found two Valium pills in Long’s pocket.

Third District Judge Robert Faust, ordered Long to serve a one-year jail sentence and complete a 36 month probation period. According to the Salt Lake Tribune, Long must write a letter of apology to the victim’s family and get therapy ordered by probation officers.

Central nervous system prescription drugs like Valium impair a driver’s judgment just like alcohol. This is a terrible tragedy for Nathan Barlow’s family. If they have not already done so, I recommend that they contact an experienced Utah wrongful death attorney who can help them receive compensation for their loss. Long’s insurance company is responsible to pay the damages. Also, since he was working at the time of the fatal car accident, the policy of the bread company can also be used. The statute of limitations in a case like this is four years

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What is Zero Fatalities?

Thursday, December 17th, 2009

I’m sure you’ve seen the TV ads or heard the radio announcements for Zero Fatalities and you may be wondering what exactly it is. Zero fatalities is a nationwide effort that addresses the top behaviors that are killing people on America’s roads. The program was actually originally launched in Utah by the Utah Department of Public Safety, since then, officials in many states have asked to use the ads, flyers and artwork to launch the campaign in their individual states. Topics covered include drowsy driving, distracted driving, aggressive driving, driving without wearing a seat belt and impaired driving. The program is designed to convince all drivers that Zero Fatalities is the number of traffic related deaths our country should strive for.

Zero Fatalities is looking to change the mind-set that traffic fatalities are inevitable. Really, traffic fatalities are often preventable if we make some minor changes in the way we drive. Zero Fatalities attempts to influence each individual driver to make minor adjustments so Utah roads will become safer as a whole. Their slogan, “A goal we can all live with” is present in every TV or radio advertisement.

Is it Working?

Statistics say yes! Zero Fatalities is working. According to UDOT, Traffic fatalities are down 28%. As of November 30, there have been 230 traffic fatalities in 2009. That number is down from the 254 reported during that same time frame in 2008.

I echo the principles of the Zero Fatalities campaign: small changes in the way we drive can make Utah roads a little safer.

Posted in Wrongful Death, auto accidents, text messaging, utah fatal car accident | No Comments »

Salt Lake City Bus Accident Claims the Life of Former University of Utah Professor

Wednesday, November 25th, 2009

A former University of Utah associate professor died after falling out of a moving shuttle bus in Salt Lake City, Utah on Thursday, November, 19, 2009. The professor was a 63-year-old female originally from China. According to the Salt Lake Tribune, police are still trying to locate her family so her identity has not been revealed to the public.

The woman fell through the shuttle’s side rear door as it turned left from North Campus Drive onto Mario Capechhi Drive at around 8:20 at night.”She was standing at the time of the turn, apparently lost her grip and fell against the doors,” said campus police officer Sgt. Arbon Nordgran said. Police are investigating why the doors opened during the turn. The woman apparently hit her head and was alive but unconscious when paramedics arrived. She died later that evening at University of Utah hospital.

The Utah Highway Patrol inspected the bus and determined that driver error was not a factor and the bus appeared to pass a simple safety inspection. University officials are cooperating with The Utah Department of Transportation officials who are conducting a more comprehensive investigation.

I offer my sincere condolences to the family of this victim as they mourn this loss.

As the investigation continues, many questions will need to be answered; specifically, why the door opened in the first place. It seems logical that shuttle passengers will stand close to doors. Safety devices are used so that those doors don’t open when the bus is moving. University officials admit that the shuttle door should not have opened while the bus was still moving so that certainly needs to be answered for. If it was an equipment malfunction, the door or bus manufacturer could be responsible.

Ron Kramer is a Salt Lake City, Utah accident and injury lawyer with offices in Bountiful, Utah, Salt Lake City, Utah and Provo, Utah.

The Kramer Law Group does not currently represent any of the parties referenced in the blog article above. We have cited and linked to the source of our information. If you were involved in the above incident, or one like it, and have questions about your rights and possible remedies, you may call us or another reputable Utah personal injury law firm. The information and opinions expressed above are provided as a public service and should not be used in place of legal advice from a qualified personal injury lawyer. Most skilled and qualified Utah lawyers offer a free consultation. We will likewise provide a free consultation to not-at-fault persons (and their family members) mentioned in this article.

Posted in Vehicle Injury, Wrongful Death | No Comments »

Utah Driver Arrested after SUV Hits and Kills a Man

Monday, November 23rd, 2009

Eric W. Porter from Salt Lake City, Utah was arrested after allegedly killing a man with his vehicle following a fight at a party in Eagle Mountain, Utah on Saturday, November 21, 2009. 26-year-old, Eric Porter began arguing with 29-year-old, Brett L. Ostler of Magna, Utah, in a house located at Kiowa Parkway and Golden Eagle road. According to the Salt Lake Tribune, the argument intensified as Porter left the house and got into his SUV to leave the party. Ostler followed Porter into Porter’s car to continue the argument. Porter attempted to leave because he didn’t want the problem to escalate. Ostler got out of the car and slammed the door which angered Porter. He said something to Ostler, who opened the door, got back in Porter’s SUV, and punched him in the face.

Porter then backed up the SUV to leave but as he hit the gas, he felt the car hit Ostler.. Ostler suffered “significant trauma” to his head and upper body. Emergency crews came pronounced him dead at the scene.

Porter called 911 and admitted to hitting Otler. According to Utah County Sheriff’s Sgt. Spencer Cannon, “He was very forthcoming with us. We don’t believe he intended to do this.” Porter was arrested on suspicion of negligent homicide which is a class A misdemeanor.

We offer our sincerest condolences to Brett Ostler’s family as they deal with this tragic situation.

Whether Porter’s actions were intentional or not, his friend is still dead. Based on the news reports, it appears that Brett Ostler’s family has wrongful death claim against Mr. Porter. I would suggest that his family get in touch with a Utah lawyer that handles wrongful death claims. I would also recommend that his family accept the Utah County Sheriff’s finding that the death was accidental. If the insurance companies (for Mr. Porter as well as Brett Ostler) could successfully argue that the run-over was intentional, this will most likely trigger an exclusion in most insurance clauses that will free them from having to pay out any money on this claim.

The truth is, the only one who really knows if it was intentional or not is Mr. Ostler. And from the news reports, he is telling the authorities that it was not. I would recommend that the family take his word for it and start the process of making a claim on this terrible accident.

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Pregnant Woman Dies in Utah Auto Crash

Thursday, November 12th, 2009

A 28-year-old pregnant woman from Califonia died in Utah on Tuesday, November 11, 2009 when the semi-truck she was riding in crashed. This Utah trucking accident happened at around 3 p.m. on the ramp to eastbound Interstate 84 from Interstate 15.

According to standard.net, the semi-truck was carrying apples and rolled over on the bridge. “The driver was not injured,” said Utah Highway Patrol Trooper Cameron Roden. “But we did have a female passenger who was ejected that is deceased.” According to the investigation, the pregnant woman, Martha Pichardo, was thrown from the sleeper of the truck. Martha was the wife of the semi driver.

Speed appears to be a factor in the crash. The driver could not make the turn and flipped the truck over the side. The driver reported that he felt the truck jump or lift from the left lane into the right and the trailer started to weave. The driver attempted to brake but lost control of the vehicle. The semi flipped onto the passenger side onto concrete barriers where it slid and came to a rest blocking both traffic lanes.

Mrs. Pichardo’s body was found under the semi truck, against the concrete barrier. She was pronounced dead at the scene. The driver was taken to Ogden Regional with minor injuries.

My thoughts and prayers are with this family. Mr. Pichardo is undoubtably experiencing great heartache from the loss of his wife.

In a difficult situation like this, it could be hard to think about the potential legal claims that could be made. However, in this situation, the family of Martha Pichardo may wish to consider a claim against the insurance company that insures the truck. Every day, injured spouses make claims against insurance companies for driving errors made by their significant others. It’s nothing personal, because most of these claims are resolved between the injured party and the insurance companies, without needing to file anything.

The persons who would be able to make such a claim in this circumstance could be limited, since the spouse who was driving may be excluded from making a claim. If this is the case, under Utah law, Ms. Pichardo’s parents and/or children may be able to make such a claim. In Utah, there is a two-year window to do this.

A bigger question in this case, however, may be whether this road is unreasonably unsafe. From reading this story, it sounds like other have had problems with this very same ramp. There was some discussion about improving the signage to warn of this sharp turn, but it is unclear if UDOT ever did this. If they knew about this problem through past accidents and did nothing to improve the warning to motorists, then there may be a claim against UDOT as well as the truck insurance policy. I would recommend that the family contact and experienced Utah accident and injury lawyer who can help them explore all legal remedies available during this difficult time.

Posted in Utah Trucking Big Rig Accident, Utah car accident, Wrongful Death, utah fatal car accident | No Comments »

Tragic Utah Car Accident Kills 4 Teenagers

Tuesday, September 1st, 2009

4 Teens are dead following a single-car crash a few miles east of Soldier Summit in Utah on August 30, 2009. According to KSL news, a 13-year old Payson, Utah girl did not tell her parents she was leaving and snuck away in the middle of the night with three older boys to take a ride in the mountains. All the teenagers are from Utah County, Utah.

The Utah auto accident occurred on a country road called Emma Park Road. At around 3:00 or 4:00 in the morning, the 16-year old driver attempted to speed around a turn. He skidded sideways toward a concrete barrier going 95 miles an hour. The crash was extremely violent, evidenced by the damage done to the vehicle and the damage caused to the cracked cement barrier.

“It appears that the vehicle catapulted over the barrier, flipped over maybe one time, landed on the passenger side,” said Utah County Sgt. Spencer Cannon. The driver crawled out of the car a few feet onto the street; the other three were killed on impact. The victims have been identified as 16-year-old Jose Flores (the driver), 16-year-old Mario Lopez, 19-year-old Manuel Guttierez and 13-year-old Vanessa Estrada. There is no evidence to suggest alcohol or drugs were involved.

This is a tragic Utah car accident that claimed the lives of 4 young Utah residents. I offer condolences to their families.

Parents, do you know who your kids hang out with ? Do you allow them to be passengers in vehicles driven by under-aged drivers? On the last point, parents (and I’m in this category), need to be very careful as to who they will allow to drive their children around. A car full of teenagers and an inexperienced and irresponsible driver are a recipe for disaster. I know in this case that the parents of at least one of the children were unaware that their child was out in the middle of the night joyriding with friends. Sometimes you can’t prevent this type of situation from happening if the child has it in his or her mind that they want to go out. However, conversations with our children ahead of time as to who they are allowed to drive with, including the minimum age the driver must be, can go along way to make sure our teenage children stay safe.

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