Utah Personal Injury Law Firm Blog

A fourteen year-old junior high school student was hospitalized in critical condition early this Monday morning of February 8, 2010, after being hit by a car. According to the report by Deseret News, the pedestrian verses car accident occurred around 7 a.m. at the intersection on 2700 South and 8500 West. Witnesses state the young girl was walking with other students who were on their way to Brockbank Junior High School in Magna when the accident occurred. Unified Fired Authority Captain Clint Smith, who was among the responding police officers, confirmed that the young girl was walking in the designated crosswalk when she was hit by the distracted driver. He also confirmed that the young girl sustained severe head injuries and was flown to the University of Utah Hospital. The cause of the accident is still being investigated.

My thoughts and prayers go out to this young girl that she make a speedy and full recovery so she can get back to the care free life of being a child. My condolences go out the her family, friends and loved ones as they go through this difficult time with her.

Pedestrians are more likely to be Critically Injured in an Accident

An impact with a two ton vehicle going at a high rate of speed will obviously cause significant damage to the much more vulnerable human body. Tragically, often times pedestrian verses motor vehicle accidents cause major injury such as traumatic brain injury that could result in irreversible brain damage or spinal cord injury that could result in paralysis. Unfortunately, many of these accidents result in the death of the pedestrian.

Pedestrian Accident Statistics

Statistically, males are more likely to be involved in a pedestrian verses motor vehicle accident than females. Consistently, 69% of pedestrian fatalities each year are males. The National Highway Traffic Safety Administration reported the following statistics in 2005:

• 20% of pedestrian deaths were of males
• 45% of pedestrian vs. motor vehicle accident deaths occurred between 6pm and midnight
• The vast majority of fatal pedestrian vs. car collisions occur on Friday, Saturday and Sunday nights.

With this information, it may be wise to educate our young men to engage in weekend activities indoors and away from intersections in the dark hours of the night. Visibility is significantly impeded in dark. Speeding cars or distracted motorists will have an increasingly difficult time seeing young men skateboarding or walking around at night.

Liability Issues Involved

In this tragic pedestrian verses automobile accident, there are several questions to address to confirm the cause and liability of the accident. While it has been confirmed the victim of the car crash was crossing in a designated crosswalk, was the crosswalk a marked or unmarked intersection. If the answer is yes, the driver will most likely be cited for failing to yield to the right of way to the pedestrian. What had distracted the 21 year-old driver of the vehicle that hit the junior high student? Was she talking on her cell phone, speeding or driving recklessly at the time of the collision?

An experienced Salt Lake personal injury attorney will take the necessary steps to find the answers to these questions and will preserve the evidence needed to demonstrate the responsibly of the at-fault driver.

If you or someone you love has suffered through a Utah pedestrian injury and you feel it is the result of the negligence of another, we urge you to contact the Christensen Law Firm online or call us at 801.506.0800 to set up a FREE consultation to discuss your legal rights and options.

According to a recent report released by the Salt Lake Tribune, car accidents caused by West Valley City employees, while driving city vehicles, have increased by an astounding 54% in the last year. West Valley City employees cost the city over $107,000.00 in damages so far for 2009. This amount is likely to rise as there are still pending personal injury claims that have yet to be settled. Utah residents are angry that instead of spending public monies in areas like health care or education, these funds are being funneled into paying for reckless and preventable accidents caused by city employees.

West Valley Police Officers Overwhelmingly At-Fault in Car Accidents

West Valley City Attorney, Richard Catten, explained to the public that WVC employees have increasingly been cited for causing minor accidents like backing into other vehicles, mail boxes, trees or rear ending other motor vehicles. Distracted driving is a key characteristic of these types of accidents and the damages are not cheap. For example a city employee, driving a WVC water truck scraped his truck against two parked cars when making a right turn. The city employee was not observant that he was driving an extra wide load and his mistake cost the city $11,000 in property damages.

Interestingly, the report demonstrates that West Valley City police officers caused 37 of the 60 at-fault car accidents in 2009. In fact, for the past three years, police officers have consistently caused 60% of at-fault traffic accidents.

• One officer attempted to make a U-Turn over a median and got stuck. This accident cost the city $6,000.

• Another police officer rear ended a vehicle causing $14,000 in property damages and injuring the driver of the other motor vehicle.

Warning:
Your Ability to File a Utah Personal Injury Claim is Affected if a Government Entity is Involved

Utah statute of limitations is an important timeline that designates your window of opportunity to file a claim against the responsible party. If the statute of limitations expires, you may no longer bring a case to court. In standard Utah motor vehicle accidents, the statute of limitations is four years. However, In the State of Utah, the statute of limitations on filing a personal injury claim is decreased to one year if the at-fault party is a government agency.

Attorney Ken Christensen’s book Seven Biggest Mistakes that can Wreck Your Utah Accident Case contains additional information on Utah Traffic Laws and guidelines on how to file an insurance claim for bodily injury. It is an invaluable resource that offers real life education and advice on how to protect yourself if you have been in a Utah personal injury accident. Give the Christensen Law Firm a call to request a FREE copy of this book at 1.801.506.0800 or visit us online at www.utahaccidentbook.com.

WVC Fire Department Takes Action to Curb Accidents

Several years ago, the West Valley Fire Department also experiences a substantial increase in accidents. Most of the accidents were from hitting objects when backing out. WVC instated a policy that a “spotter” is designated whenever the fire truck backs out of any premise. The results have been significantly positive: the department has seen a 50% reduction in their at-fault truck accidents. If West Valley City were to implement basic changes on employee driver protocol, training and safety then the West Valley City won’t lose so much public money on preventable car accidents. Increased driver’s education on how to on how to maneuver government vehicles properly and how to avoid distracted driving will be quite beneficial to all.

Case Summary

Tragedy struck when twenty-six year-old Kody was driving home from work in Orem, Utah, on January 20, 2010. A man driving a Nissan Pathfinder ran a stop sign and struck Kody’s vehicle on the driver’s side. The force of the impact caused the airbags to deploy and totaled the small sedan. Kody sustained several neck and back injuries from the car crash. The Orem City police responded to the scene of the car accident and issued a citation to the driver of the Nissan Pathfinder for failing to stop at a stop sign and failure to yield to oncoming traffic.

Insurance Company Lets At-Fault Party off the Hook

According to the facts of this Utah car accident, it is clear who is at-fault and who should be held responsible for the car accident. However, in less than 48 hours, Progressive Insurance Company had an adjuster physically knock on Kody’s door. The Progressive Insurance adjuster was quite devious. He was “checking on their insured,” but he brought paperwork for Kody to release personal medical and employment information. The insurance adjusters told Kody that in order to cooperate with the investigation, Kody had to give a recorded statement.

When the Progressive adjuster offered to settle Kody’s claim for $500.00 by telling the young man that the car crash was non-reportable and a claim wouldn’t be worth pursuing, Kody knew he was being backed into a corner. The Progressive adjuster stated the insurance company was going above and beyond their services by offering money at all for this car accident. Kody was confused. He had been speaking to adjuster because his own automobile insurance company was Progressive Insurance Company. The Insurance adjuster was working both sides—the at-fault driver’s automobile insurance was also Progressive Insurance Company.

Would An Insurance Company Victimize their Own Insured?

Kody asked the Progressive Insurance adjuster whose side he was on—the gentleman that hit him or his. The adjuster didn’t lie but he was clearly conflicted when he stated he worked for Progressive and work for their insured’s best interests. The adjuster told Kody the money would go directly into his pocket. That PIP would take care of medical expenses (but PIP only covers $3,000 in medical bills and Kody's treatment will exceed that amount). Kody could feel the manipulation and fortunately asked the adjuster to leave. After seeing the television ad for the informative guidebook 7 Biggest Mistakes That Can Wreck Your Utah Accident Case, Kody called the Christensen Law Firm. In just a week, Ken Christensen has been able to straighten this matter out which allows Kody to focus on healing and recovery.

Unfortunately, Insurance companies are not looking out for the best interests of their insured. They are a for-profit company. Insurance Companies don’t maximize their profits if their adjusters explain all the benefits their insured has purchased in their automobile insurance policy. In this case, Progressive Insurance made it painfully obvious that their main priority was profit—not Kody’s medical treatment, property damage, and further damages and losses he incurred as a result of the car crash.

Number One Misconception in Utah Car Accident Cases:

My insurance company will ensure that my best interests are met including receiving a fair settlement and payment for lost wages, medical bills, pain and suffering and property damage.

Remember: Insurance Companies have no obligation to inform you of your rights.

Salt Lake personal injury lawyer Kenneth Christensen authored the book 7 Biggest Mistakes that Can Wreck Your Utah Accident Case in his endeavors to level the playing the field between accident victims and the insurance company. This book provides Utah residents with valuable information and corrects many of the myths associated with insurance claims and provides detailed information on the tactics insurance adjusters use to maximize their profits. If you would like to request your free copy of this book please call 1.801.506.0800 or visit us online at www.utahaccidentbook.com.

If you have additional questions or if you have been injured in a Utah accident, we can help you. At the Christensen Law Firm, we offer a FREE no obligation consultation with one of our Salt Lake City, Utah personal injury attorneys. We believe that knowledge gives victims power and protection. We invite you take control of your accident claim.

Summary

Charlotte Kirk, a 55 year-old Salt Lake City woman, died in a car accident on Monday February 1, 2010. The fatal car accident occurred around 6:30 pm on Redwood Road in Taylorsville, Utah. Ms. Kirk was attempting to make a left hand turn when her truck crashed collided with an oncoming vehicle. The passenger in Ms. Kirk’s truck and the driver of the other truck were both critically injured in the motor vehicle accident. Both were transported to Intermountain Medical Center via ambulance where they continue to receive medical treatment for the traumatic injuries they sustained. Detective Shannon Bennett of Taylorsville Police Department confirmed in a Salt Lake Tribune interview that the investigation is ongoing. Until the cause of the Utah car accident is established, citations will not be issued to either driver.

My heart goes out to the family and friends of Charlotte Kirk for their tragic and untimely loss. I offer my deepest sympathies to them. I hope the two injured victims make a complete and full recovery from their injuries sustained in this catastrophic accident.

Statistics on Left Hand Turn Accidents

• 42% of all motorcycle verses car collisions involve left turn accidents

Usually the motorist is the at-fault party in left hand turning accidents. The operator of the motor vehicle turns left in front of an oncoming motorcyclist that they fail to see. Unfortunately, the motorcyclists and their passengers commonly sustain catastrophic injuries in these types of accidents.

Who is At-Fault when Turning Left on a Yellow Light?

Failure to yield to the right of way of oncoming traffic when making a left turn is considered negligence. The operator of the vehicle that is turning left is usually cited and officially considered responsible for the accident even if the light was yellow. There are factors that come into play in these types of accidents. If the light was changing to red and the oncoming vehicle sped past the speed limit to make the light, that motorist may be at fault. If other cars in the oncoming lanes had already stopped, this car should have stopped as well. It is imperative to get the witness statements and their contact information at the scene of an accident to clarify these circumstances. Insurance companies will point fingers in their attempt to fight liability. It is wise to contact an experienced Salt Lake City personal injury attorney in this situation. It is proven that an attorney is more likely to get the at-fault party to accept responsibility for the accident. Remember:

• Be extra cautious when turning on yellow lights
• Wait for the oncoming vehicles to slow down to a stop before turning
• Get witness statements and contact information from witnesses
• Take photos of the scene of the accident

Tragedy strikes the small town of Wellsville, Utah, near Sardine Canyon early this morning of February 2, 2010. A four vehicle car crash resulted in the death of 54 year old Robert Smith. Mr. Smith was declared dead at the scene of the Utah car accident.

How did this car accident occur?

Witnesses say a Ryder rental truck crossed the center line into oncoming traffic. The truck hit the small sedan Mr. Smith was driving in head on. Two seventeen year olds were critically injured and taken to the hospital. The driver of the truck only suffered minor injuries. The Utah Highway Patrol is investigating whether drowsy driving caused the truck driver to lose control of his vehicle.

My heart goes out to the family and people who knew and loved Mr. Robert Smith. My prayers go out to them as they face a difficult road of losing a loved one in an instant due to the negligence of another person. My thoughts and prayers also go out to the young teenagers who seriously injured in this car accident. I hope they make a complete recovery.

Icy Canyon becomes Death Trap

Witnesses at the crash, most of them morning commuters, stated that the cold weather and icy road create a “death trap” for motorists that are not familiar with the curves and windy Sardine Canyon. One witness, Matt, stated how many times he has seen a reckless motorist speeding through the canyon on his way to work in Brigham City. Matt was one of the commuters who waited hours after the fatal crash this morning. He stated that the wreckage was so bad that he is surprised anyone survived at all. The Audi and the yellow sedan were completely demolished.

Contacting an Experienced Utah Personal Injury Lawyer

I would urge the family members of the deceased victim and the injured victims in this case to get in touch with an experienced Utah personal injury lawyer who has successfully represented victims injured in multi-vehicle accidents. A skilled injury lawyer will also be able to explain to victims how their car insurance policy applies to an accident involving multiple parties as there is a cap or policy limit coverage on the insurance purchased by the driver of the Ryder Truck. This is assuming the individual who rented the truck had purchased car insurance. There are many factors in this case that can become confusing especially during this already difficult time.

We invite you to call the Christensen Law Firm and set up a no obligation free consultation with one of our experienced attorneys. This will provide you with an opportunity to ask all your questions and to learn about the legal rights and options you that are available to you after you have been in a Utah car accident or wrongful death accident. We can be reached at 801.506.0800.

Fatal Car Wreck

30 year old Kristi Westfall and her 21 year old boyfriend Jacob Herrera and their 9-month old son Damian all died from the injuries they sustained in the fatal Utah car accident in the early evening of Thursday January 28, 2010. Mr. Herrera was driving southbound on State Road 36 in Tooele County when he lost control of his Dodge Intrepid and crossed the road’s centerline. Mr Herrera swerved sharply in the attempt to bring his car back into the proper lane but he instead pulled his vehicle right in front of a semitrailer causing the fatal Utah car crash. Authorities are not sure what caused Mr. Herrera to lose control of his vehicle. The Salt Lake Tribune News reports that Officer Cameron Roden, responding Utah Highway Patrol officer, confirmed that none of the occupants were wearing their seatbelts. Tragically, the infant’s car seat was not buckled in either. All victims died from their traumatic injuries at the scene of the accident.

I offer my deepest condolences to the families and friends of Kristi, Jacob and Damian. This story is another heartbreaking reminder of the importance of wearing seat belts and properly buckling our children in their car seats. It is a real misfortune that this entire young family was lost in an instant. I hope the driver of the semi truck also heals from the injuries sustained in this tragic accident

Utah Seat Belt Laws

The Utah Department of Public Safety , Safe Kids Coalition, Utah Highway Patrol and other organizations fund and support several statewide initiatives to get Utah residents to buckle up properly whenever they drive or are passengers in vehicles. Properly wearing safety restraints greatly reduced your risk of being injured or killed in a car accident. Following are a list of Utah Seat Belt Laws:

• Utah Safety Belt Law requires all drivers and passengers to properly war safety restraints.
• Utah Police officer can stop a vehicle if they observe anyone 19 years of age or younger not wearing a seatbelt.
• If the driver or passenger not wearing a seatbelt is over the age of 19, the police officer must have another primary reason for stopping the vehicle. For example speeding or failing to properly signal.
• Children ages 0-8 are required to be correctly restrained in a car seat.

National Statistics

If you have ever wondered why car insurance is so high for teenagers and young adults it is because teens are at a much higher risk to be in a car accident with injuries than the average driver. In fact, nationally, teens have the highest fatality rate in motor vehicle crashes than any other age group. The National Highway Traffic Safety Administration attributes this unfortunate trend to teenagers’ unwillingness to use safety belts than adults. Following are some sobering statics on teenage car crashes from the NHTSA Safety Belt and Teens Report of 2003:

• Fatal car Crashes are the leading cause of death for 15 to 20 year-olds nationwide
• 2/3 of the 5,341 teenagers that died in car crashes in 2001 were not wearing their seat belts
• 18% of male high school student report they rarely or never use safety belts
• Teenagers 16-19 are 4x as more likely to die in a car accident than the average driver 25-69

What are your legal rights and options?

The time to file a car accident claim is limited, which makes contacting an experienced Utah Auto Accident attorney as soon as possible of vital importance. Attorney Kenneth L. Christensen and The Christensen Law Firm, PLLC know the laws relating to personal injury, particularly auto accident injuries. While we can’t undo the harm that's been done, we can provide your family with a sense of security and comfort, knowing that you can receive compensation to help cover the costs of current and future medical bills relating to the injury. Compensation may also be sought for pain and suffering, disability, lost earning capacity, and more.

If you or someone you love has suffered through an auto accident injury in Utah and you feel it is the result of the negligence of another we urge you to contact us online or call us at 801-506-0800 (Main number), 801-224-2999 (Utah County) or 801-294-9500 (Davis County) to set up a FREE consultation to discuss your legal rights.

Enhance Your Medical Treatment with Physiatry

Personal injuries resulting from automobile, bicycle and motorcycle accidents often times affect various parts of the human body, necessitating different forms of medical treatment and specialization. Physiatrists coordinate multiple areas of medicine for an all-inclusive approach to treating a patient who has sustained numerous injuries.

Case Study

In 2007, when my client Maria was involved in a pedestrian verses automobile accident in Utah, she sustained spinal cord injuries, a broken leg and head trauma. Clearly, Maria had a long road to recovery ahead of her. Her physiatrist coordinated the medical treatment to enhance and build upon each other with the goal of bringing Maria to her maximum medical recovery stage in the most efficient and thorough manner.

Consequently, Maria was able to treat with an orthopedic surgeon to repair her broken femur and a physical therapist to restore strength and mobility. Maria then treated with a chiropractor and massage therapist for her neck and back pain. Finally, the symptoms of post traumatic stress disorder (PTSD) that Maria suffered from her minor head injury were addressed by a licensed psychologist.

What is Physiatry?

• Physiatry, commonly referred to as Physical Medicine and Rehabilitation (PM&R) is a specific area of medicine that takes on a comprehensive approach to solving neurological and musculoskeletal problems within the human body using less invasive procedures than surgery.

• Physiatrists are medical doctors who aim to find the source of pain symptoms their patients have and treat the ailment holistically until the patient has reached his/her optimal functional capability.

• Physiatrists emphasize the importance of addressing all the intricate parts associated with the illness, disability or injury in order to restore one back to his/her best possible health.

Comprehensive Plan of Physical Medicine and Rehabilitation

Physiatrists take on a multidisciplinary approach to treating patients that have a broad range of personal injuries and medical ailments. These conditions include:

• Chronic Pain Management
• Traumatic Brain Injury
• Spinal Cord Injury
• Amputation
• Sports Injuries
• Accident Injuries
• Stroke
• Musculoskeletal Pain syndromes
• Nerve Pain
• Neck and Back Pain
• Psychological Issues

According to the American Academy of Physical Medicine and Rehabilitation, the complete plan of physiatry may include a large range of medical doctors and medical professionals. To give you an idea of how broad these health professionals are, following are a few that victims of personal injury accidents commonly treat with:

• Physiologists
• Physical Therapists
• Chiropractor
• Massage Therapist
• Occupational Therapists
• Speech Therapist

Your Health is the Priority of the Christensen Law Firm, PLLC

There are many Salt Lake City personal injury attorneys that promise fast settlements and quick cash into your pocket. However, this is not always wise or best for your interests if you have been injured in an accident. Your health is the number one issue to address when you have sustained injuries. The experienced attorneys at The Christensen Law Firm are committed to ensuring that your medical treatment is complete, meaning that you are brought back to the best possible health you can be following a personal injury accident. We will ensure you medical treatment is covered by the at fault party’s insurance and that you receive a full and just settlement for your damages and suffering. For a Free, NO obligation consultation by one of our experienced Utah personal injury attorneys, please call 801.506.0800.

Summary

On April 20, 2009, Cliff M. was driving northbound on I-15near 11400 South in Draper, Utah. Due to heavy traffic on the freeway, Cliff brought his Honda Civic to a stop. Shortly thereafter, a Grey Dodge Ram 2500 Mega Cab truck ran over the top of driver’s side of Cliff’s car. Client died at the scene from the traumatic head injuries he suffered in the car accident.

Cliff was a loving father to his children. He was the primary breadwinner for his family and he was referred as the emotional rock for his adolescent and young kids. Cliff had been married and divorced multiple times. He had several biological children with his previous spouses and he had some stepchildren with his current wife. This non-traditional family unit which made the legal issues in his wrongful death case convoluted.

Things can go from bad to worse

Martha, mother to one of Cliff’s biological children, received a phone call one day from an attorney, stating her child would get a small sum for their loss. Martha did not feel that the amount was fair and she did some research on her own. She realized that her daughter and Cliff’s other biological and stepchildren were entitled to additional benefits. A friend advised Martha to call The Christensen Law Firm. Attorney Ken Christensen was able to obtain a large settlement from American Family Insurance Company that was more than four times the amount the previous attorney had told her to accept.

Martha was merely protecting the children’s interests. They lost a father who had been an integral part of their lives. Through this settlement the children have substantial assets left to them for their future wellbeing. If she had not called the Christensen Law Firm, and a wrongful death claim was not made in behave of all legal heirs, her young daughter would have suffered immeasurable with no recourse. As a parent myself, my final wish would be to know that I had left my children provided for.

What are the Statute of Limitations?

While the statute of limitations for most Utah personal injury cases can be as long as four years, in a wrongful death case, the time frame is reduced to two years. The time frame may vary depending on the details of the accident. If a government entity is involved, that statute of limitations can be as short as one year from the date of the fatal car accident. It is wise to discuss the specifics of your situation with an experienced Utah personal injury lawyer to ensure that you and your family do not lose legal options available to you now.

Who are the Legal Heirs?

In many wrongful death accidents, the surviving family of the victims pursues legal action against the responsible party to bring justice and closure. At the Christensen Law Firm, we’re ready to assist people in the daunting process of navigating their way through the often confusing maze of Utah personal injury law. We understand that the complexities surrounding a wrongful death are no easy matter for the families of the victims. While you are coping with the emotional trauma of losing a loved one in a fatal car accident, you are also presented with complicated legal situations that will directly affect the designated heirs of the decedent. This is an important responsibility and you deserve to be fully informed before making these decisions. Some frequently asked questions include:

• What is the Utah Wrongful Death Act? How does it affect me and my family?
• Who can file a lawsuit against the responsible party?
• Are stepchildren considered heirs?
• How many wrongful death actions can be brought before the court? Does it change when there are multiple heirs?
• Who has the fiduciary duty to look after the interests of all the legal heirs?

If you have any of these questions or have lost a loved one in a Utah accident, please feel free to call The Christensen Law Firm. Our experienced wrongful death attorneys are willing to sit down with you and your family and explain the legal process toyou. For a free, no obligation consultation with one of our lawyers, call The Christensen Law Firm at 801.506.0800.

Utah Woman Charged with DUI and Hit and Run with Injury

Summary:

Police confirmed today that the woman who allegedly caused multiple car accidents downtown on Thursday was in fact driving under the influence of alcohol.

On Thursday morning, January 21, 2010, Ms. Elfida-Eschler rear ended a vehicle, and then she fled the scene in her truck, and was finally stopped two blocks later after she hit a second vehicle. Ms. Elfida-Eschler then got out of her truck and attempted to leave the scene on foot. However, witnesses were able to keep an eye on this obviously disoriented woman until law enforcement officials arrived. Ms. Elfida-Eschler was arrested on suspicion of DUI and hit and run involving injury charges.

Unfortunately, the victims in the two other vehicles were sustained injuries. The second vehicle hit by Ms. Elfida-Eschler was pushed into oncoming traffic which resulted in another Utah car accident. Traffic was backed up along 300 West and 600 South.

I hope that the victims in these tragic Utah DUI car accidents make a quick and full recovery. It would be wise for them to contact a Salt Lake personal injury attorney to ensure that Ms. Elfida-Eschler, and other motorists who drive drunk, are held responsible for their reckless behavior.

3rd DUI Arrest in Utah this Week

Utah has a long tradition of being the state with the least number of DUI arrests and DUI fatalities to any other state in the nation. It’s surprising then to have several reported DUI arrests in Utah during the first two weeks of 2010. As you may recall, former Utah Senator Majority leader Sheldon Killpack-R of Syracuse was pulled over a week ago for drunk driving. Previously, an ATV driver in Salem, Utah, was arrested for crashing his all-terrain vehicle, fleeing the scene, and being under the influence of alcohol. And now Ms. Elfida-Eschler is arrested for drunk driving on Utah Roads.

Vegas Man Pleads Guilty for DUI and Causing Death

Tragically, often times the victims of alcohol-related accidents are innocent bystanders. On January 8, 2010, Deseret News reported that the Las Vegas man pled guilty to killing a Utah athlete in a DUI car accident in October of 2009. 33 year-old Jeremy Kunz of Kamas, Utah, was participating in the Ragnar Relay run in Nevada when Mr. Salayisch, who was driving drunk, hit and killed Mr. Kunz. Mr. Salayisch then left the runner in the road and fled the scene. This unfortunate pedestrian verses automobile accident is a reminder of the catastrophic costs of a driving under the influence of alcohol.

Legal Issues

According to Utah law, the victims of alcohol related motor vehicle accidents have several legal options and resources available to them. Talking to an experienced Utah personal injury attorney can help you navigate through the complexities of the legal and insurance fields. Commonly asked questions include:

• How to file a personal injury claim?
• How to settle a property damage claim?
• Who files the criminal charges?
• How long do family members have to file a Wrongful Death Claim?

Hiring an Experienced Utah Personal Injury Attorney

The time to file a car accident claim is limited, which makes contacting an experienced Utah Auto Accident attorney as soon as possible of vital importance. Attorney Kenneth L. Christensen and The Christensen Law Firm, PLLC know the laws relating to personal injury, particularly auto accident injuries. While we cant undo the harm that's been done, we can provide your family with a sense of security and comfort, knowing that you can receive compensation to help cover the costs of current and future medical bills relating to the injury. Compensation may also be sought for pain and suffering, disability, lost earning capacity, and more.

If you or someone you love has suffered through an auto accident injury in Utah and you feel it is the result of the negligence of another we urge you to contact us online or call us at 801-506-0800 (Main number), 801-224-2999 (Utah County) or 801-294-9500 (Davis County) to set up a FREE consultation to discuss your legal rights.

Pedestrian Severely Injured in Utah Car Accident

McKenzie, a 17 year-old Woods Cross High School student, was severely injured in a Utah pedestrian verses automobile accident in September of 2008. It was already dark when McKenzie began walking home from a friend’s house. A motorist failed to stop before turning right and struck McKenzie while she was walking across a marked crosswalk. McKenzie hit the windshield of the car, flew 20 feet in the air and landed on the asphalt. She sustained a large whole on the back of her head, torn meniscus, and large cuts on her knees, hips, elbows and many abrasions and bruises all over her body. She lost consciousness at the scene of the accident. Witnesses reported that the motorist didn’t even slow down for the red light or to check to see if anyone was crossing the street! The driver was cited as failing to yield to a pedestrian in a crosswalk.

As McKenzie’s Salt Lake personal injury attorney and friend, my heart goes out to her for the trauma and challenges she has had to face over the past year and a half due to the reckless driving of a motorist. She missed months of her senior year and endured several invasive procedures. In fact, McKenzie has just undergone her second knee surgery this year. McKenzie is a strong and patient young women and I believe she will recover from her injuries.

Liability Issues

The at-fault driver argued that since it was dark and that McKenzie was talking on the phone, it was not his fault for hitting her. He felt that she was the distracted one who should have seen his car coming. McKenzie couldn’t remember the accident since she sustained head trauma and loss of consciousness. Fortuneately, McKenzie’s parents had been quick to hire the services of Attorney Ken Christensen. Mr. Christensen acted immediately to preserve several key pieces of evidence and witness testimony that demonstrate that McKenzie was the victim and the motorist was clearly at fault.

Utah Cross Walk Laws

Utah law requires motorist to yield to the right-of-way to pedestrians walking in crosswalks. Utah Traffic Code states:

Section 41-6a-1002: The operator of a vehicle approaching school crosswalk shall come to a
complete stop at the school crosswalk if:

(a) A school speed limit sign has the warning lights operating; and
(b) The crosswalk is occupied by a person

Section 41-6a-1008: The operator of a vehicle crossing a sidewalk shall yield the right-of-way to
any pedestrian and all other traffic on the sidewalk.

For McKenzie, witness testimony further collaborated that the traffic light was red, and the pedestrian walk signal was on at the time of McKenzie’s accident. The at-fault driver failed to come to a complete stop at a red light before turning right and caused the tragic car verses automobile car crash!

Pedestrian Accident Statistics

Walkinginfo.org, a pedestrian and bicycle information and advocacy group, reports that 4,378 pedestrian deaths occurred in 2008 due to pedestrian verses automobile accidents. According to the National Highway Traffic Safety Administration (NHTSA), more than 64,000 pedestrians were injured and nearly 5,000 killed in auto accidents in 2005. Of that number, children under the age of 15 accounted for more than a quarter of these victims. The very nature of pedestrian accidents accounts for why they are so serious, and very often, fatal. Pedestrians and bike riders have very little if any protection in a collision. The automobiles that they collide with can weigh upwards of a ton and when you add the velocity at which the vehicles travel, it is easy to see why so many pedestrians die in serious accidents. If they are fortunate enough to survive a serious Salt Lake City pedestrian accident, their injuries can include broken bones, brain injuries, spine injuries, paralysis, and coma.

Experienced Salt Lake Personal Injury Attorney Can Help

If you or someone you love has suffered through a Salt Lake City Utah pedestrian injury and you feel it is the result of the negligence of another we urge you to contact us online or call us at 801-506-0800 (Main number), 801-224-2999 (Utah County) or 801-294-9500 (Davis County) to set up a FREE consultation to discuss your legal rights.

2009 Statistics on Utah Traffic Deaths

On Tuesday January 19, 2010, the Utah Department of Transportation (UDOT) and Utah Highway Patrol (UTP) released their 2009 findings during a press conference for the Utah Zero Fatalities Campaign. Last year there were 245 Utah car accident fatalities on Utah highways. The Salt Lake Tribune reports that 2009 had the lowest number of Utah traffic deaths statistic since 1974. UDOT Executive Director John Njord attributed the decline of fatal car accidents to more motorists wearing their seat belts and the increased implementation of educational programs, including the Zero Fatalities Campaign, to high school students.

DUI Related Fatalities on the Rise in Utah

However, alcohol-related traffic fatalities Increased in 2009. Over the past few years, Utah has seen a rising trend with motorists drinking and driving. Just last week, State Senate majority leader Sheldon Killpack was arrested on a DUI charge. The UHP has increased their DUI blitzes and they are happy to report that there was not a single fatality on the New Years holiday of 2010 on Utah highways. A problem, voiced by the public and by tourists, is that Taxi services in Utah are quite limited. If often takes 30 minutes for a Taxi to arrive. In major cities across the country it only takes commuters a few minutes to catch a cab. Regardless, DUI driving in Utah is unacceptable. As experienced Utah personal injury attorneys, we have seen too many of our community members become victims of an alcohol-related car crash.

Cell Phone-Related Car Crashes Rising Trend in Utah

The increasing problem of cell phone use while driving was addressed several times during the conference on Tuesday. The Utah Highway Patrol and many transportation safety advocacy groups list cell phone use as one of the most distracting behaviors of motorists. Unlike many states, Utah does not have a ban on hand held cell phones.

Motorists who talk on their cell phones usually do not realize how much it impedes the quality of their driving. Inattentiveness at the wheel is especially dangerous. Studies show that a motorist talking on a hand held cell phone is just as distracted as one that drives with a blue tooth device. The results are the same: Distracted Driving Kills! While talking on cell phones, motorists tend to:

• drift off out of their lanes and hit other vehicles
• speed
• fail to use turning signals
• drive recklessly
• overreact -i.e. yanking steering wheel, overcorrecting and rolling their vehicle

How to Get Informed on Your Personal Injury Case

Attorneys Kenneth L. Christensen and Russ Hymas of The Christensen Law Firm, PLLC, know the laws relating to Utah personal injury. While we can’t undo the harm that's been done, we can provide your family with a sense of security and comfort, knowing that you can receive compensation to help cover the costs of current and future medical bills relating to the injury. Compensation may also be sought for pain and suffering, disability, lost earning capacity, and more.

If you or a loved one has suffered an injury you believe to be the result of the negligence of another, we urge you to contact us online or call us at 801-506-0800(Main number), 801-224-2999 (Utah County) or 801-294-9500 (Davis County) to set up a FREE consultation to discuss your legal rights.

Orem Woman killed in Idaho Car Accident

On Monday afternoon, January 18, 2010, Carlybeth Ramirez, 21, was killed in a car accident near Pocatello, Idaho. According to witnesses, Carlybeth lost control of her vehicle and rolled it several times. She died at the scene. Her passenger Tihare Salazar of Provo was taken to the hospital in critical condition.

My deepest sympathies go out to Carlybeth’s family for their tragic and heartbreaking loss. I offer my condolences to everyone who knew and loved this young woman. I also hope and pray that the seriously injured passenger, Tihare Salazar, will make a quick and complete recovery. The victims and their families will be in my prayers.

Traffic Accident Statistics

In November 2009, the National Highway Traffic Administration released the report titled Fatal Crashes involving Young Drivers which provides national statistics on the frequency of young drivers being involved in car accidents verses older and more experienced drivers. Some interesting facts are as follows:

• Youths and young adults ages 15-20 year old represent 19% of the fatalities in the
United States

• Of the passengers killed riding in vehicles with young drivers, 67% are in the same 15-20
year old age group as the drivers

• 56% of fatal crashes and 57% of the fatalities involving young drivers occur on rural
roadways

Accident Causes and Liability Issues

According to the initial investigation done by the Idaho Highway Patrol, it seems that Ms. Ramirez drifted outside her lane and when she tried to realign her vehicle with the road she overcorrected and lost control of her vehicle. However, it is not clear what caused Ms. Ramirez to lose control of her vehicle and whether she had indeed overcorrected her vehicle. We do not know if there was a mechanical malfunction in her car. Or if there was dangerous conditions or any debris left on the freeway that caused Ms. Ramirez to swerve out of her lane. Did another motorist’s negligence cause this tragic fatal car accident that claimed the life Utah woman?
The victims of this tragic accident would be wise to contact an experienced Utah personal Injury lawyer to ensure that a thorough investigation is conducted before evidence is lost and witness still have the accident details on their mind. The best personal injury law firms will always offer a free and comprehensive consultation to the victims and their families.