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Archive for the ‘Wrongful Death’ Category

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 »

Sardine Canyon Accident Victims Identified

Sunday, December 7th, 2008

We reported a couple days ago on the horrific crash between a Chevy truck and a Jeeps Cherokee that took the lives of two adults and one child in Box Elder County, Utah. According to KSL news, the adults have been identified as Curtis Andersen and Tami Andersen. The 9-year old child, Hannah Roach, who perished in the crash on December 5, 2008, was not actually theirs, but was a friend of their children, who happened to be along for the ride. The Andersen’s 5-year old, Kylie Andersen, thankfully, is expected to make a full recovery. The group had been to the Festival of Trees and were returning through Sardine Canyon when the crash occurred.

Family members of the Andersen’s are stepping in to help pick up the pieces following this tragic crash. The family asks those wishing to express condolences to do so by donating money to a fund that has been set up for the Andersen children at the USU Community Credit Union under the names Curtis and Tami Andersen. The credit union phone: (435) 753-4080.

Troopers on the scene are now saying that the driver of the pickup, an 18-year old student at Utah State University, may have fallen asleep, contributing to this fatal car accident. Criminal charges against him are being considered.

Published by: Ron Kramer

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

Sardine Canyon Car Accident Takes Three Lives

Saturday, December 6th, 2008

Three people died in Sardine Canyon in Box Elder County last night, December 5, 2008, when a Chevrolet truck crossed over the median on U.S. 89 and struck a Jeep Cherokee head on. According to KSL News, the crash happened around 7 at night. There were five people in the Jeep, two adults and three children. Those who perished in the crash include the two front seat adults and one of the older back seat children. The five-year old was flown by helicopter to a Salt Lake Hospital, probably Primary Children’s Hospital. The one-year older was taken to a hospital in Brigham City and is reported to be in good condition. I would venture to say that the child was in a car seat.

It sounds like this was a family traveling together. It’s a very sad and tragic case when a car accident leaves two young children orphans. Our prayers are with the 5-year old, who it sounds like sustained quite serious injuries, and the family and friends of these victims.

The news accounts I’ve looked at don’t say what caused the driver of the pickup to cross over the median. Witnesses say that immediately prior to the car crash, the truck was “drifting back and forth” in its lane before it veered over to the other side of the road. A few persons who commented on the story say that they had information that apparently younger driver of the truck had fallen asleep.

Driving while sleeping is, of course, a recipe for disaster. I personally know families that have been tragically affected when a family member dozed off and crashed their car. This seems to happen with alarming frequency on Utah’s remote highway stretches. In response to too many car accidents and fatalities along the I-15, there are now numerous warning signs that tell drivers to pull over if they are drowsy. Drowsy drivers not only put themselves and their families at risk, but also the innocent others who they share the road with.

Published by: Ron Kramer

Posted in Childrens Injuries, Vehicle Injury, Wrongful Death | 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 »

Tooele Truck Accident Claims Life of UPS Driver

Monday, December 1st, 2008

This morning, December 1, 2008, a UPS driver was killed when the UPS truck he was driving collided with a large dump truck in Tooele, Utah, on State Road 36. According to KSL.com, a dump truck hauling mud was proceeding northbound on State Road 36 in Tooele when the driver of the dump truck attempted to turn left onto State Road 138. Coming in the opposite direction, however, was a UPS truck driven by Alan Christofferson. The two trucks ended up colliding basically head on in this intersection, heavily damaging both of them and, sadly, killing Mr. Christofferson.

Video Courtesy of KSL.com

The impact was enough to eject the driver of the dump truck out of his truck onto the street. He is reported to have non-life-threatening injuries and was flown to the hospital. KSL.com has pictures of the crash which show the severity of the impact. One of the pictures shows the engine of one of these trucks completely detached and lying on the ground. Both cabs of the two trucks were completely demolished. The UHP reports that a citation would likely be issued. Another possibility is that the driver of the dump truck will be charged with negligent homicide.

Auto accidents involving a driver improperly making a left-hand turn are almost a daily occurrence. I reported on a motorcycle accident earlier today where the driver of a car made what sounds like an improper left-hand turn into a motorcycle. As I mentioned in that posting, the driver of a vehicle – and especially a large big-rig-type truck – has a duty to wait until the coast is clear before completing their turn. Drivers of heavy trucks, I would say, have even more of a duty to make sure they can safely turn before they begin their turn.

In this situation, it appears that the family of the deceased has a “wrongful death” claim against the driver of the dump truck and his company for this truck crash. Most commercial policies, such as the one likely to cover this dump truck, have at least one million in coverage, with many having “umbrella” policies to cover claims in excess of the policy limits.

My heartfelt condolences go out to the family and friends of Alan Christofferson.

Ron Kramer is a Utah personal injury attorney practicing in Utah, Salt Lake, Davis, Tooele and Weber Counties.

Published by: Ron Kramer

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

Man Dead Following a South Jordan Motorcycle Accident

Monday, December 1st, 2008

According to a story in KSL.com, a man is dead in South Jordan, Utah, after his motorcycle collided with a car near the intersection of 11800 South and 4000 West. The motorcycle accident happened around 11:30 in the morning on December 1, 2008, when a car traveling in the opposite direction turned left onto 4000 West and struck the motorcycle. Emergency crews tried to revive the man with CPR but were unsuccessful. Police say the crash is under investigation.

Video Courtesy of KSL.com

I’m not sure how much investigation they need to conduct. If the facts of this story are true, it sounds like the other driver failed to yield the right away and struck the other vehicle. Under Utah law, the driver of a vehicle making a left hand turn has the duty to make sure the coast is clear before they start their left-hand turn. Motorcycles are designed to travel with their headlight on. From this story, it sounds like the motorcycle was there to be seen and the other driver was negligent in not seeing him.

As I see it, the family of the motorcycle accident victim has a “wrongful death” claim against the person who made the left-hand turn. If that person had insurance, then they can possibly resolve the claim against that insurance company and then make a claim against the motorcyclist’s own “under-insured” auto policy. It is likely that there will insufficient insurance money to cover this preventable and tragic loss. This being the case, the family may be able to resolve the claim without getting an attorney involved.

Ron Kramer is a Utah personal injury attorney practicing in Salt Lake County, specializing in auto/motorcycle accident cases.

Published by: Ron Kramer

Posted in Motorcycle Accident, Vehicle Injury, Wrongful Death | No Comments »

Utah County Car Accident Claims Life of 11-Year Old

Sunday, November 30th, 2008

An 11-year-old boy, Alex Woodland, was killed from injuries he experienced following a car accident in the southern part of Utah County, near Elberta. According to KSL.com, Alex was riding in a truck with his Jeff Woodland, his cousin and Paul Woodland, his uncle. They were driving on a dirt road when Alex’s uncle, who was driving, lost control of the truck and it rolled. All three of the passengers were ejected, which strongly suggests that none of them was wearing a seat belt. Jeff Woodland is reported to be in critical condition.

Video Courtesy of KSL.com

The reason that this is such a sad story is that the death of Alex Woodland and the critical injury of Jeff Woodland could have been largely prevented if the two of them were simply wearing seatbelts. This story should be a reminder that the driver of any vehicle should make sure they and the passengers in their car are belted. The fact is that car accidents can happen just about any where. Even on rural dirt roads. In this situation, the deceased boy’s family and his cousin have a claim against the car insurance company for the death and serious injuries that resulted from this tragic car accident.

Ron Kramer is a personal injury and car accident attorney practicing in Utah, Salt Lake and Davis and Weber Counties.

Published by: Ron Kramer

Posted in Childrens Injuries, Personal Injury, Vehicle Injury, Wrongful Death | No Comments »

Feds Seek to Dismiss American Fork Bear Attack Case

Wednesday, November 19th, 2008

Arguments were heard today, November 19, 2008, over the federal government’s motion to dismiss the case stemming from a bear attack in American Fork Canyon. As we learned last year, 11-year old Samuel Ives was killed in American Fork Canyon, just above the Timpooneke campsite, from injuries he suffered when a bear dragged him out of his tent and into the forest.

Video Courtesy of KSL.com

According to court records, the family filed two cases: one in federal court against the U.S. Forest Service and one in state court against the State of Utah and the Utah Division of Wildlife Resources. The family has accused the forest service of failing to adequately warn them that a bear was spotted earlier in the day in that area. The hearing today involved the case filed against the federal government. At the hearing, according to KSL.com, attorneys for the federal government argued that the government is immune from suit in this case and that adequate warning was given campers of the dangers of bears in the area. They also added that the family was not camping in a developed campground but rather, in a remote area of the forest.

It seems that most of the comments on this story challenge the family’s decision to sue over the death of their son. I won’t voice my opinion on whether this case should have been brought, but I will say that in my opinion, it will be a very difficult case to win. They will have to establish that a duty arose to close the campground or to warn campers that a bear was seen in the area. But the fact remains that there are a number of signs announcing that this area is bear country. Given the numerous signs, and the family’s decision to camp away from the established Timpooneke campground area, it would seem that they assumed the risk that a bear might pay a visit them anyway.
I think because reasonable minds could differ on this, that the court would probably allow the jury to consider whether the park should have done something.

Ron Kramer is a Utah personal injury lawyer and a frequent visitor to the Timpooneke trail head area, where he enjoys mountain biking and hiking in this fabulously beautiful area.

Published by: Ron Kramer

Posted in Childrens Injuries, Personal Injury, Wrongful Death | No Comments »

Wendover Car Accidents Claim Two Lives

Monday, November 17th, 2008

Two accidents over the weekend near Wendover, Utah, claimed two lives. The first car accident happened on November 15, 2008. In that crash, a driver heading eastbound near Wendover, lost control of the Chrysler minivan they were driving, killing passenger Annabelle W. Mattson. Ms. Mattson was 86 years old at the time of the crash.

The second auto accident happened the next day when Kirk Atkinson, who was also traveling east near Wendover, rolled his vehicle off the right side of the road. Atkinson unfortunately, was unrestrained and flew out of his truck.

As for the first Wendover car accident, the family of Ms. Mattson, specifically her husband (if alive), and her children (if any) have a claim against the insurance company for the van that she was traveling in. If Ms. Mattson had her own car insurance, then her family can also make a claim on that insurance company for “under-insured” benefits. That policy, if there was one, also provides a small benefit for funeral expenses.

I’m not sure what caused these two accidents in the same general area to occur, but it seems some of the deadliest car accidents happen in relatively desolated areas, such as in central Utah and the area between Tooele and Wendover. My sincere condolences to the families of these two crash victims.

Ron Kramer is a Utah personal injury attorney focusing on personal injury claims and specializing in car accident claims. Source for article: Salt Lake Tribune

Published by: Ron Kramer

Posted in Vehicle Injury, Wrongful Death | No Comments »