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	<title>Utah Law Talk</title>
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	<link>http://www.utahlawtalk.com</link>
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		<title>Unpaid Overtime Lawsuit Settled for 1.45 Million</title>
		<link>http://www.utahlawtalk.com/2011/03/unpaid-overtime-lawsuit-settled-for-1-45-million.html</link>
		<comments>http://www.utahlawtalk.com/2011/03/unpaid-overtime-lawsuit-settled-for-1-45-million.html#comments</comments>
		<pubDate>Wed, 09 Mar 2011 22:29:39 +0000</pubDate>
		<dc:creator>ronkramerlaw</dc:creator>
				<category><![CDATA[Legal News]]></category>

		<guid isPermaLink="false">http://www.utahlawtalk.com/?p=522</guid>
		<description><![CDATA[An unpaid overtime lawsuit has been settled for $1.45 million which alleged that Premera Blue Cross of failed to pay overtime pay to a group of about 133 tech support workers near Seattle, Washington. According to the lawsuit which was filed last year in U.S. District Court in Seattle, the company had misclassified the tech [...]]]></description>
			<content:encoded><![CDATA[<p>An unpaid overtime lawsuit has been settled for $1.45 million which alleged that Premera Blue Cross of failed to pay overtime pay to a group of about 133 tech support workers near Seattle, Washington. According to the lawsuit which was filed last year in U.S. District Court in Seattle, the company had misclassified the tech workers as being “exempt” from overtime pay. Final settlement is expected in June 2011. A spokesperson for the company, Eric Earling, denied any corporate wrongdoing but simply stated that the settlement  “allows Premera to avoid the risks and significant expense of continued litigation.”</p>
<p>It’s hard to believe that a sophisticated company like Premera could innocently make the mistake of misclassifying technical support workers as being exempt. While some high-priced computer professionals are in fact exempt under the Fair Labor Standards Act (FLSA), most who provide technical support are not. In fact, the FLSA spells it out that only certain computer professionals who are paid at least $27.63 per hour will be exempt from Federal overtime provisions. <a href="http://www.dol.gov/elaws/esa/flsa/overtime/info.htm">See DOL code here.</p>
<p></a>If you are a Utah worker and feel like you have been similarly misclassified and denied overtime pay, please give the <a href="http://ronkramerlaw.com/utah-unpaid-overtime/">Utah unpaid overtime attorneys</a> at the Kramer Law Group a call to discuss whether you and other employees may have a claim against your employer.</p>
<p>Source: <a href="http://www.seattlepi.com/local/436755_premera-overtime.html">Seattle PI Local</a></p>
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		<title>DuPuy Lawsuit Filed &#124; Utah Hip Implant Recall Attorneys</title>
		<link>http://www.utahlawtalk.com/2011/03/dupuy-lawsuit-filed-utah-hip-implant-recall-attorneys.html</link>
		<comments>http://www.utahlawtalk.com/2011/03/dupuy-lawsuit-filed-utah-hip-implant-recall-attorneys.html#comments</comments>
		<pubDate>Wed, 09 Mar 2011 19:38:52 +0000</pubDate>
		<dc:creator>ronkramerlaw</dc:creator>
				<category><![CDATA[Legal News]]></category>

		<guid isPermaLink="false">http://www.utahlawtalk.com/?p=519</guid>
		<description><![CDATA[The lawsuits filed against DuPuy continue. The first of these were recently filed March 2, 2011, by Rochester, NY residents who say they were injured after having the DuPuy hip implant devices placed in them. Seven plaintiffs named in the suit claim they needed replacement surgery because of the failed DePuy  implant. DePuy Orthopaedics and [...]]]></description>
			<content:encoded><![CDATA[<p>The lawsuits filed against DuPuy continue. The first of these were recently filed March 2, 2011, by Rochester, NY residents who say they were injured after having the DuPuy hip implant devices placed in them. Seven plaintiffs named in the suit claim they needed replacement surgery because of the failed DePuy  implant. DePuy Orthopaedics and its parent company, Johnson &amp; Johnson, are named in the suit. The lawsuit, filed in U.S. District Court, alleges that the named companies were negligent and that they chose not to properly test the product before they put it out on the market.</p>
<p>DuPuy recalled the him implants in 2010 after receiving numerous complaints. DuPuy has acknowledged that at least 13 percent of the almost 100,00 patients that received the implants have needed a repeat surgery.</p>
<p>If you or a loved one have concerns regarding these devices, we invite you to call – without obligation – to speak with one of our <a href="http://ronkramerlaw.com/utah-dupuy-hip-implant-recall/">Utah DePuy Hip Recall Attorneys</a> to discuss your particular case.</p>
<p>Click for <a href="http://www.democratandchronicle.com/article/20110305/NEWS01/103050329/Lawsuit-claims-hip-replacements-faulty?odyssey=tab|topnews|text|News">Article Source</a></p>
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		<title>Utah Brain Injury Law Passes the Senate</title>
		<link>http://www.utahlawtalk.com/2011/03/utah-brain-injury-law-passes-the-senate.html</link>
		<comments>http://www.utahlawtalk.com/2011/03/utah-brain-injury-law-passes-the-senate.html#comments</comments>
		<pubDate>Wed, 09 Mar 2011 18:38:57 +0000</pubDate>
		<dc:creator>ronkramerlaw</dc:creator>
				<category><![CDATA[Personal Injury]]></category>

		<guid isPermaLink="false">http://www.utahlawtalk.com/?p=517</guid>
		<description><![CDATA[The Utah legislative senate approved a bill that will require all athletes playing organized sports who receive a brain or head injury to get medical clearance before they can return to play. This bill, sponsored by Sen. John Valentine, would require that all amateur sports organizations of any variety – both public and private – [...]]]></description>
			<content:encoded><![CDATA[<p>The Utah legislative senate approved a bill that will require all athletes playing organized sports who receive a brain or head injury to get medical clearance before they can return to play. This bill, sponsored by Sen. John Valentine, would require that all amateur sports organizations of any variety – both public and private – adopt policies that will ensure that athletes who receive head concussions and head injuries be suspended from play pending a head injury or concussion medical work up. This bill now moves to the House for final consideration. The bill now moves to the House for final consideration.</p>
<p>Ron Kramer is a <a href="http://ronkramerlaw.com/utah-brain-injury-attorney/">Utah brain injury attorney</a> practicing personal injury law along the Wasatch Front.</p>
<p><a href="http://www.deseretnews.com/article/705367643/Senate-approves-head-injury-bill-for-Utah-amateur-athletes.html">Source: Deseret News</a></p>
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		<title>Southern Utah Courtroom Brawl Caught on Tape</title>
		<link>http://www.utahlawtalk.com/2011/02/southern-utah-courtroom-brawl-caught-on-tape.html</link>
		<comments>http://www.utahlawtalk.com/2011/02/southern-utah-courtroom-brawl-caught-on-tape.html#comments</comments>
		<pubDate>Fri, 04 Feb 2011 23:57:06 +0000</pubDate>
		<dc:creator>ronkramerlaw</dc:creator>
				<category><![CDATA[Legal News]]></category>

		<guid isPermaLink="false">http://www.utahlawtalk.com/?p=510</guid>
		<description><![CDATA[Tristan Lamoreaux was in court today, Friday, February 4, 2011, during the sentencing phase of his conviction for murdering his wife, Misty Lamoreaux. According to KSL News, during testimony from family members, Misty’s brother, Jason Wilson, spoke about the impact that the murder had on their family.

Video Courtesy of KSL.com
Video taken in the courtroom shows [...]]]></description>
			<content:encoded><![CDATA[<p>Tristan Lamoreaux was in court today, Friday, February 4, 2011, during the sentencing phase of his conviction for murdering his wife, Misty Lamoreaux. <a href="http://www.ksl.com/?nid=148&amp;sid=14258581">According to KSL News</a>, during testimony from family members, Misty’s brother, Jason Wilson, spoke about the impact that the murder had on their family.</p>
<p style="margin: 0;padding: 0;border: 0">
<p style="border: 0pt none;margin: 0pt;padding: 0pt;vertical-align: baseline;font-size: 0.75em;text-align: center;width: 424px">Video Courtesy of <a href="http://www.ksl.com">KSL.com</a></p>
<p>Video taken in the courtroom shows Wilson start to get agitated and then lunge toward Lamoreaux, who had been rocking back and forth in his chair. Sheriffs officers and baliffs rushed in to restrain Wilson as well as Lamoreaux, who had risen to his feet. They tackled both to the ground and escorted Wilson out of the courtroom.</p>
<p>Wilson had been sentenced to 15 years to life for his wife’s murder, which I think is too lenient given the way the murder was carried out with multiple gun shots to her head. Hopefully he’ll be in there much longer than 15 years.</p>
<p>Ron Kramer is a <a href="http://ronkramerlaw.com/personal-injury/">Utah personal injury</a> and accident lawyer with a focus on auto accident cases.</p>
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		<title>Magna Bicycle Accident Takes Life of Salt Lake Woman</title>
		<link>http://www.utahlawtalk.com/2010/10/magna-bicycle-accident-takes-life-of-salt-lake-woman.html</link>
		<comments>http://www.utahlawtalk.com/2010/10/magna-bicycle-accident-takes-life-of-salt-lake-woman.html#comments</comments>
		<pubDate>Thu, 21 Oct 2010 15:51:01 +0000</pubDate>
		<dc:creator>ronkramerlaw</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Wrongful Death]]></category>

		<guid isPermaLink="false">http://www.utahlawtalk.com/?p=502</guid>
		<description><![CDATA[

Karen Johnson succumbed to her injuries and passed away following a  head on vehicle-bicycle accident in Magna, Utah, between herself and a Dodge pickup  truck on October 19, 2010. According to KSL News,  a 17 year old was driving down the street in Magna with a pickup full  of balloons and [...]]]></description>
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<p style="margin: 0;padding: 0;border: 0">
<p>Karen Johnson succumbed to her injuries and passed away following a  head on vehicle-bicycle accident in Magna, Utah, between herself and a Dodge pickup  truck on October 19, 2010. According to <a href="http://www.ksl.com/?nid=148&amp;sid=12886802">KSL News</a>,  a 17 year old was driving down the street in Magna with a pickup full  of balloons and a windshield mostly covered with paint in celebration of  her 17th birthday. By reports, she was driving on the opposite side of  the road and above the speed limit as Karen Johnson and a fellow  cyclist, coworker, were approaching her. The two cyclists appeared to  have split, with the male cyclist going to the right of the pickup  truck, off the road and Karen veering to the left. At the point she  veered, however, the pickup truck driver suddenly corrected and veered  right into the path of Ms. Johnson, striking her head on. She died on  the way to the hospital. Both of the cyclists were wearing helmets at  the time.</p>
<p>I send my deepest condolences to the family of Karen Johnson and  those that knew her and loved her. By reports, she was an avid cyclist,  doing rides of up to 500 miles. I’m quite certain that she’ll be missed  by those in the biking community as well. I also feel for the motorist,  for the anguish, remorse and guilt she’ll keep with her the rest of her  life for her role in taking out an innocent cyclist.</p>
<p>From a legal standpoint, the driver of the pickup was certainly to  blame for this tragic, completely avoidable collision. From looking at  the pictures, I can tell that the paint on the windshield was not legal  and most likely helped obscure the view of the road. Balloons in the cab  of the truck certainly didn’t help and may have caused a distraction as  they shifted and moved about in the truck. At any rate, whatever the  exact reason for her being on the opposite side of the road was, it was  illegal under Utah law. We saw from this crash the type of outcome that  can come to innocent persons and to the community at large from those  that break the law as this woman did by driving on the wrong side of the  road. That being said, I’m sure she didn’t mean to run down this woman.  However, she cannot say it was just an “accident” that this happened.  Drivers have choices when they drive, and from the news report, it  appears that she may have chosen to drive the vehicle while being overly  distracted.</p>
<p>I’m a little sensitive to this type of collision since I myself am a  regular road biker and have had some close calls myself and know that  cyclists (as well as motorcyclists) often are not seen by others on the  road. But driving your car on Utah’s roads requires that you are  attentive to conditions around you – at all times. If you cannot be  attentive, or if the surroundings are overly distracting to safe  driving, then you shouldn’t drive.</p>
<p>From a legal standpoint, a claim could be made against the driver of  the truck, as well as the owner of the truck since the driver is under  18 years of age. There are some small PIP insurance medical and death  benefits that are available through the motorists insurance company.</p>
<h4><strong><em><strong><em>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 <a href="http://ronkramerlaw.com/utah-wrongful-death-attorney/">Utah wrongful death attorney.</a></em></strong></em></strong></h4>
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		<title>West Jordan Motorcycle Accident Seriously Injures Man</title>
		<link>http://www.utahlawtalk.com/2010/08/west-jordan-motorcycle-accident-seriously-injures-man.html</link>
		<comments>http://www.utahlawtalk.com/2010/08/west-jordan-motorcycle-accident-seriously-injures-man.html#comments</comments>
		<pubDate>Mon, 30 Aug 2010 04:25:49 +0000</pubDate>
		<dc:creator>ronkramerlaw</dc:creator>
				<category><![CDATA[Personal Injury]]></category>

		<guid isPermaLink="false">http://www.utahlawtalk.com/?p=499</guid>
		<description><![CDATA[A motorcycle rider is in critical condition after a motorcycle accident in West Jordan, Utah, August 27, 2010. According to KSL News, a car had just turned left in front of him at the intersection of 7800 and 4800 West as the motorcyclist passed through a yellow light. Upon impact, the motorcycle rider flew 37 [...]]]></description>
			<content:encoded><![CDATA[<p>A motorcycle rider is in critical condition after a motorcycle accident in West Jordan, Utah, August 27, 2010. According to <a href="http://www.ksl.com/?nid=148&amp;sid=12161323">KSL News</a>, a car had just turned left in front of him at the intersection of 7800 and 4800 West as the motorcyclist passed through a yellow light. Upon impact, the motorcycle rider flew 37 feet. The force knocked the helmet off of his head and he suffered a serious skull fracture. Police say the woman may be cited.</p>
<p>I send my best wishes to the man as he recovers from this serious brain injury. I wish the best as well for his support system, as he will be in serious need of one as he seeks to recover from this accident.</p>
<p>For some reason, motorists continue to fail to yield on making their left-hand turns. I’m not sure if the motorist was in a hurry or was perhaps distracted. Maybe she thought that the motorcycle would stop. At any rate, a motorist has a duty to YIELD on left-hand turns. When they are convinced it’s safe to do so, then they can complete their turn. From the sound of this report, I would say the woman should be cited for failure to yield on a left turn.</p>
<p>I would recommend that the family of this man contact an experienced <a href="http://ronkramerlaw.com/west-jordan-accident-and-injury-lawyers/">West Jordan accident and injury attorney</a> to find out the remedies that are available to him in this terrible accident.</p>
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		<title>Utah Small Claims Courts to Change Locations</title>
		<link>http://www.utahlawtalk.com/2010/08/utah-small-claims-court-to-change-locations.html</link>
		<comments>http://www.utahlawtalk.com/2010/08/utah-small-claims-court-to-change-locations.html#comments</comments>
		<pubDate>Sat, 21 Aug 2010 00:55:56 +0000</pubDate>
		<dc:creator>ronkramerlaw</dc:creator>
				<category><![CDATA[Legal News]]></category>

		<guid isPermaLink="false">http://www.utahlawtalk.com/?p=497</guid>
		<description><![CDATA[If you are filing a claim in a Utah small claims court, keep in mind that due to a cost-saving measure, that the filings and hearings will move to city and county justice courts starting September 1, 2010. Some areas of the state, such as Cache County, still require filings to be done in district [...]]]></description>
			<content:encoded><![CDATA[<p>If you are filing a claim in a Utah small claims court, keep in mind that due to a cost-saving measure, that the filings and hearings will move to city and county justice courts starting September 1, 2010. Some areas of the state, such as Cache County, still require filings to be done in district courts since they don’t have the smaller justice courts there.</p>
<p>Legally, speaking, you don’t need an attorney to bring a case in a Utah small claims court. This includes smaller Utah auto accident cases where no lawyer is required! Small-claims filings are designed to resolve claims valued at less than $10,000. This is the cap, the most that a judge would ever award in a small-claims proceeding.</p>
<p>Recently, small claims actions have gained favor as a way to hold resistant and stingy auto insurance companies responsible in cases where the property damage and injuries are low. It can provide a speedy resolution and can be a good way to hold an obstinate insurance company responsible. Keep in mind, though, that the defendant in such a proceeding can still appeal the ruling. These appeals will be handled by district court judges.</p>
<p>As a <a href="http://ronkramerlaw.com/utah/salt-lake-city-accident-injury-lawyers/">Salt Lake personal injury attorney</a>, I would encourage those who are handling their accident case on their own to seek justice if the insurance company is not offering them any through the small-claims court process. Be careful though if you are seeking damages for a wrecked or damaged car and want to settle your personal injury case later. Under the current state of Utah law, your later claim for bodily injury could be extinguished under Utah’s one-action rule which currently requires all claims to be brought at once. This issue is currently being reviewed at the Utah appellate level. Hopefully we’ll see changes that will allow a claimant to get a speedy resolution on their property damage claim and still have the ability to take their time while they treat and/or recover from their injuries so they can make a full claim down the road.</p>
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		<title>Teen Dies at Church Camp Near Heber City</title>
		<link>http://www.utahlawtalk.com/2010/06/teen-dies-at-church-camp-near-heber-city.html</link>
		<comments>http://www.utahlawtalk.com/2010/06/teen-dies-at-church-camp-near-heber-city.html#comments</comments>
		<pubDate>Wed, 30 Jun 2010 07:19:40 +0000</pubDate>
		<dc:creator>ronkramerlaw</dc:creator>
				<category><![CDATA[Wrongful Death]]></category>

		<guid isPermaLink="false">http://www.utahlawtalk.com/?p=493</guid>
		<description><![CDATA[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 [...]]]></description>
			<content:encoded><![CDATA[<p>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.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p>The opinions expressed above belong to Ron Kramer, a <a href="http://ronkramerlaw.com/catastrophic-personal-injury/">Utah personal injury and accident attorney.</a></p>
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		<title>Springville Utah Man Killed in Hang Gliding Accident</title>
		<link>http://www.utahlawtalk.com/2010/06/springville-utah-man-killed-in-hang-gliding-accident.html</link>
		<comments>http://www.utahlawtalk.com/2010/06/springville-utah-man-killed-in-hang-gliding-accident.html#comments</comments>
		<pubDate>Tue, 15 Jun 2010 22:03:56 +0000</pubDate>
		<dc:creator>ronkramerlaw</dc:creator>
				<category><![CDATA[Personal Injury]]></category>
		<category><![CDATA[Wrongful Death]]></category>

		<guid isPermaLink="false">http://www.utahlawtalk.com/?p=491</guid>
		<description><![CDATA[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 [...]]]></description>
			<content:encoded><![CDATA[<p>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<a href="http://www.ksl.com/?nid=148&amp;sid=11171046"> KSL news</a>, 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. </p>
<p>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.</p>
<p><a href="http://ronkramerlaw.com/personal-injury/">Ron Kramer is Utah accident and injury attorney</a> who has many years of experiences representing the injured all throughout the state of Utah. </p>
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		<title>Salt Lake City Motorcycle Accident Claims Man’s Life</title>
		<link>http://www.utahlawtalk.com/2010/06/salt-lake-city-motorcycle-accident-claims-man%e2%80%99s-life.html</link>
		<comments>http://www.utahlawtalk.com/2010/06/salt-lake-city-motorcycle-accident-claims-man%e2%80%99s-life.html#comments</comments>
		<pubDate>Thu, 03 Jun 2010 18:41:00 +0000</pubDate>
		<dc:creator>ronkramerlaw</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Wrongful Death]]></category>

		<guid isPermaLink="false">http://www.utahlawtalk.com/?p=486</guid>
		<description><![CDATA[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 [...]]]></description>
			<content:encoded><![CDATA[<p>A Salt Lake City Utah man is dead following a motorcycle accident occurring on May 30, 2010. According to the <a href="http://www.sltrib.com/justice/ci_15194412">Salt Lake Tribune,</a> 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 <a href="http://ronkramerlaw.com/spinal-injury/">serious spinal cord injury</a>, 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.</p>
<p>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.</p>
<p>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.</p>
<p>I would recommend the family of this man, his parents, children and/or parents, consult with an experienced <a href="http://ronkramerlaw.com/utah-wrongful-death-attorney/">Utah wrongful death attorney</a> 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.</p>
<p>Ron Kramer is a <a href="http://ronkramerlaw.com/motorcycle-accidents/">Utah motorcycle accident attorney</a> and personal injury attorney with offices in Utah, Salt Lake and Davis Counties.</p>
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