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Archive for the ‘Wrongful Death’ Category

Utah’s Fatal Car Accidents Down for 2008, Motorcycle Accidents Up

Saturday, January 31st, 2009

The Utah Department of Public Safety Research recently released a report that shows that Utah fatal car accidents were actually down for 2008. The report listed that 272 victims lost their lives on Utah roads in 2008, compared to 299 in 2007. The number of deaths related to a Utah car crash was the lowest level in 16 years. This is certainly encouraging. A department spokesman said that car crash deaths were down 11 percent from the previous year and that single-vehicle fatal accidents were down 17 percent.

Unfortunately, this report also shows that fatal motorcycle accident deaths jumped by 35 percent. This puts the number of Utah motorcycle deaths at 35, which makes 2008 the deadliest year since 1985. Part of the reason for the increase in motorcycle accident deaths could have come from the surge in gas prices, which have since dramatically come down. But for awhile, there was a frenzy of people ditching their cars in favor of two-wheeled transportation.

Ron Kramer is a car and motorcycle accident attorney, with offices in Utah and Salt Lake County.

Published by: Ron Kramer

Posted in Legal News, Wrongful Death | No Comments »

Plea in Text Messaging Accident That Killed Two Scientists

Monday, January 26th, 2009

This story actually happened over two years ago, on September 22, 2006. On this date, 21-year-old driver Reggie Shaw was using his phone to send text messages when his SUV went into the opposite lane of travel and clipped a Saturn LS2. The impact in turn caused the Saturn to hit a Ford F-250 pickup truck. The crash, sadly, took the lives of James Furfaro, 38 years old and Keith O’Dell, 50 years old. Both were traveling to ATK Launch Systems Group, where they worked as rocket scientists. Police records show that Mr. Shaw amazingly continued to send text messages even while they were questioning him about this fatal accident.

Although it took a while, two years and four months to be accurate, we now learn that an attorney for Mr. Shaw has negotiated a plea deal that will allow Shaw to plead guilty to negligent homicide. Under the terms of the deal, he will take a “plea in abeyance” where the conviction can be ultimately taken off his record.

Since the time of this crash, there has been much written about the dangers of driving while texting. We have learned that numerous innocent people have been injured on Utah’s roads because of motorists who allow themselves to become distracted by their cell phones. We are now looking at some proposed legislation that will make texting while driving a violation of Utah’s driving rules. Under the proposals, it will no longer be a secondary offense. So if an officer sees someone going down the road text messaging, that person could very well expect to get pulled over. Whatever proposal passes, hopefully the new legislation will go a long way to making our roads safer from those who are inclined to text while driving.

Published by: Ron Kramer

Posted in Wrongful Death, text messaging | No Comments »

Mine Safety Ruling Clears Way for Employee’s Suit

Friday, January 23rd, 2009

On October 29, 2008, William L. Kay, 81 years of age, was an employee of Bob Orton Trucking of Panguitch, and on the day in question, was delivering a load of pipes to a job site at Kennecott Utah Copper Corp. Another tailings pond contractor, Ames Construction, was involved in helping to unload the pipes. Although it is somewhat unclear, it appears that straps that held the pipes were unloosed before a forklift could be positioned in place to catch them. A 3,000 pound pipe then fell off the truck an on to Mr. Kay, crushing him to death. Now the U.S. Mine Safety and Health Administration is blaming both Bob Orton Trucking and Ames Construction for this fatal accident, saying that they violated policies put in place for safe unloading. Both of these companies were cited by the MSHA.

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

Posted in Legal News, Trucking Accident, Wrongful Death | No Comments »

Provo Apartment Fire Leaves One Woman Dead, Questions Unanswered

Wednesday, January 21st, 2009

On Tuesday, January 20, 2009, an early-morning fire blazed through the Boulders, a large apartment complex in south west Provo, Utah. According to KSL News, Karen Jorgensen is believed to be the woman who sadly perished in the fire.

While those displaced by the multi-unit blaze have found temporary shelter either at the Red Cross or in vacant apartments at the Boulders, no one has yet found out how the fire started in the first place. This is a critical question that needs to be answered.

Video Courtesy of KSL.com

At present, there is no evidence from any news sources that a resident in any of the units started the fire. This raises the question of whether there was an equipment malfunction, such as a heater or wiring, that caused the fire to start. If the fire was started by something under the apartment’s control, then there very well could be an actionable claim against the owners of the complex for the property damage experienced, for personal injuries suffered, or in the case of Ms. Jorgensen, for wrongful death.

Ron Kramer is a Utah personal injury attorney with offices in the Sandy/Draper area and in Provo, Utah.

Published by: Ron Kramer

Posted in Personal Injury, Wrongful Death | No Comments »

Taylorsville Pedestrian Accident Takes Life of Beloved Crossing Guard

Friday, January 9th, 2009

Crossing guard Jim Smith was a permanent fixture at the intersection of 5930 South and 2700 West in Taylorsville, Utah. On December 16, 2008, around 7 a.m., however, things would change. On this particular morning, as Smith was preparing the crosswalk for the students that would soon cross it, he was hit by a motorist who, according to KSL News, was oblivious to the crossing guard’s orange vest, stop sign and the orange cone he was carrying. Mr. Smith was taken to an area hospital for treatment. Sadly, he passed away on January 1, 2009, due to injuries he sustained from this pedestrian accident, including internal bleeding, a brain injury and back injuries.

The driver who struck Mr. Smith told police that he did not see him. Although it was reportedly snowing, it is hard to imagine what else Mr. Smith could have done to signal to motorists that he was in the middle of the crosswalk. Although the driver says he didn’t see him, the fact is that Mr. Smith was there to be seen! A reasonable and prudent driver would have surely seen him in the crosswalk. It is my opinion that this driver was somehow distracted. Maybe he was text messaging on his cell phone. Maybe he was fiddling with the radio. I would recommend that the family contact a Utah pedestrian accident attorney to investigate exactly why this driver failed to see Mr. Smith that day. For example, if he was texting on his cell phone, the driver’s phone records would show this. Hopefully the police in their investigation will consider this and request the driver to provide his cell phone records for the prosecutor to review. If it turns out that he was on his phone, then the criminal penalties against him may be enhanced.

Obviously, the family has a claim against Mr. Smith and/or his insurance company for what happened. The family also has a workers compensation claim since it appears that Mr. Smith was on the clock at the time. There may also be an “underinsured” claim that the family can make. An experienced lawyer can help the family sort out what claims should be made under the circumstances.

Published by: Ron Kramer

Posted in Pedestrian Accidents, Personal Injury, Wrongful Death | No Comments »

Spanish Fork Car Accident Claims Life of 21-Year Old

Thursday, January 8th, 2009

A man is dead after losing control on an icy patch of I-15 in Spanish Fork. According to KSL News, the man, 21 year old Bryce Christensen, was traveling north on I-15 on January 7, 2009 around 8 a.m. when the back of his Toyota RAV4 was struck by a Ford SUV. The driver of the Ford had actually lost control of his or her vehicle after hitting a patch of ice. This all happened when the Ford driver was attempting to merge onto northbound I-15 from Route 6. After the impact occurred, Christensen’s vehicle careened into the median wall and bounced back into the main lanes of travel to be then broadsided by a semi truck. Bryce Christensen was taken to Utah Valley Regional Medical Center, but unfortunately, died a few hours later. A citation is pending against the driver of the Ford.

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

Posted in Dog Bites, Legal News, Trucking Accident, Vehicle Injury, Wrongful Death, text messaging | No Comments »

Dump Truck Driver Involved In UPS Truck Accident is Charged

Thursday, January 8th, 2009

Last month I reported about the fatal accident where a man driving a dump truck full of dirt in the Tooele, Utah area turned left directly in front of a UPS truck driven by Alan Christofferson. Sadly, Mr. Christofferson passed away from injuries directly related to this crash.

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

Posted in Personal Injury, Trucking Accident, Wrongful Death | No Comments »

Woman Dies While in Crosswalk in Salt Lake City

Wednesday, December 31st, 2008

A woman is dead from injuries she suffered when she was hit by a car crossing the street. According to the Deseret News, the auto-pedestrian accident happened in Salt Lake City, Utah, on Monday, December 29, 2008. The woman, Lidia Tovar, age 36, was crossing South Temple in a properly-marked crosswalk near 300 East when she was hit by a car that was attempting a left turn. According to Salt Lake City police, the driver says he didn’t see the pedestrian. Lidia Tovar is reported to have experienced a massive brain injury, which apparently led to her death one day later. No citations have been issued.

My condolences to the family for this needless death. Unfortunately, auto-pedestrian injuries and deaths continue in Salt Lake. A number of years ago, Mayor Rocky Anderson instituted a flag program in Salt Lake City where pedestrians waive bright flags as they cross the street to signal to otherwise distracted Utah drivers that they are crossing. The fact is, however, that pedestrians shouldn’t have to go to these measures to cross a street safely. Drivers in Utah already have an absolute duty to yield to pedestrians crossing the street, especially those in a properly-marked crosswalk.

I would advise the family of Ms. Tovar to contact a Utah accident lawyer concerning what legal recourse can be taken at this stage. The driver that hit her was clearly at fault. Obviously, a legal claim will not bring back Lidia. However, such a claim is a declaration that negligent and unsafe driving, like the type that took Ms. Tovar’s life, will not be tolerated and those that choose to drive this way will be held accountable for their actions.

Published by: Ron Kramer

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

Man Crossing Street in Orem Dies in Auto-Pedestrian Accident

Sunday, December 28th, 2008

A 65-year old man from Salt Lake City, Utah, is dead after he attempted to cross the street in Orem, Utah at State and 1650 South on Saturday, December 27, 2008. According to the Deseret News, the man was crossing from the east side to the west. He was apparently on the south side of the street when the accident happened. According to witnesses, drivers in the inside and middle lanes had stopped to let the man cross. The problem was in the outside lane, when the driver negligently failed to stop and hit the man. The driver then went on to crash into a light pole. The pedestrian was pronounced dead at the scene.

Utah law is clear that pedestrians have the right away when they are crossing the street. This is true especially when there are other vehicles that have stopped for a pedestrian. According to Utah Code 41-6a-1002(3): “If a vehicle is stopped at a marked crosswalk . . . to permit a pedestrian to cross the roadway, the operator of any other vehicle approaching from the rear may not overtake and pass the stopped vehicle.” In this case, it couldn’t be more clear that it was the driver’s fault that this crash happened. My condolences to the family of this man.

I would recommend to the family that they contact a Utah personal injury lawyer for a free consultation on what remedies the family has.

Published by: Ron Kramer

Posted in Pedestrian Accidents, Personal Injury, Vehicle Injury, Wrongful Death | 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 »