Posted On: June 27, 2008

Utah Canyon Roads Require More Attention From Drivers

A Utah County resident was killed in an automobile accident in Provo Canyon on June 25, 2008, The Daily Herald Reports. A man was driving a Nissan Sentra on U.S. Highway 189 when he crossed the center line and struck a black Chevrolet Tahoe traveling in the opposite direction. The occupants of the Tahoe – two men and three children – also sustained injuries. Sadly, the driver of the Nissan Sentra was killed, making it the third accident and fourth traffic fatality in the past six weeks in Provo Canyon. Earlier this month, Brigham Young University track star Chelsi Petersen of St. George, Utah was tragically killed when a car struck the passenger side of the car she was riding in as it attempted to make a left hand turn off Highway 189 onto Squaw Peak Road. In May of this year, 9-year old Daniel Lopez and 8-year old Jennifer Lopez were killed when the car they were riding was broadsided by another vehicle. The car was leaving Vivian Park onto Highway 189.

The number of traffic fatalities in Utah canyons so far this year is startling. With canyons roads like, Highway 6, Parley’s canyon and Sardine canyon, Utah has some of dangerous terrain in the United States. These windy canyon roads combined with volatile Utah weather require heightened driver awareness.

The recent deaths in Provo Canyon are truly a tragedy, and I feel deeply for the victims’ families, for their loss and for the young people who are affected by these accidents. As the summer months approach, there will be more and more drivers using the canyon roads and although weather is not likely to contribute to accidents this summer, animals may.

Most canyon roads are smack dab in the middle of Utah’s wildlife. Keeping a proper look-out and traveling at a reasonable speed will help reduce the chances of running into animals in the road way. According to the Utah Department of Transportation, in 2006 there were 2,268 crashes involving animals. Last year, five people in the sate of Utah died due to injuries from a vehicle-animal crash.

Based on these recent statistics, more needs to be done to reduce distractions and drive safer on these beautiful, but sometimes dangerous roads.

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Posted On: June 25, 2008

Make Sure You Have Gap Insurance Before Its Too Late

I often get calls from accident victims who are frustrated with the at-fault driver’s insurance company because their car was totaled in the accident and the insurance company is offering less than what they owe on their car. My first response is to ask them if they purchased “gap insurance.” Sadly, most callers have never heard of gap insurance, but wish someone would have told them about it sooner.

Gap Insurance is a small insurance policy on your car loan that kicks in when the amount the insurance company will pay for your totaled or stolen car is less than what you actually owe on the loan or lease. When you purchase a car, make sure you ask if gap insurance has been included because most car dealers or auto loan officers leave Gap Insurance out of the sales agreement or loan documents without asking you if you want it. If you don't have it, you could be upside down on your loan for an accident you didn't cause.

Insurance companies only have to pay what your vehicle is worth (not what is owed) when it is totaled in an accident. So if you are leasing or financing at least 70% of the value of your car or you rolled debt from your last car into your current loan, gap insurance will save you money if your car is totaled or stolen.

Contact your lien holder to find out if gap insurance was included in your loan. If it wasn't, most lien holders will let you add gap insurance (even if you didn't get the coverage when you bought the car) since they would lose the collateral for their loan if the car is totaled in an accident. Most gap insurance policies average $5 to $10 a month. You may never need to use it, but for the price, it's a good thing to have!

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Posted On: June 21, 2008

BBQ Grill on I-215 Freeway in Salt Lake City Causes Accident

A woman was injured while traveling on Interstate 215 near California Avenue, according to an article in The Salt Lake Tribune. Troopers from the Utah Highway Patrol say that the woman was driving northbound when she swerved to avoid hitting a BBQ grill that had been left on the Interstate. She then crashed into a motorcycle also traveling on Interstate 215. Fortunately, the woman’s injuries that were not life-threatening. The news article did not say, but we hope the motorcyclist was also not seriously injured. Since troopers still do not know why the grill was there or where it came from, some may ask, who is responsbile for this accident and the resulting medical treatment and bills?

This type of auto accident is not at all uncommon, especially in Salt Lake City and other cities along interstate 15 and Interstate 80 where big rigs transport materials on a daily basis. Our firm has handled similar cases where someone negligently stored large objects in the back of their truck, causing them to enter the roadway and put other vehicles in danger.

In many automobile accidents, it is not uncommon to have a “phantom vehicle” – a vehicle that causes the accident, but leaves the scene and/or can not be identified. Under Utah statute, such phantom vehicles are defined as uninsured vehicles for purposes of making whole those who fall victim to such circumstances. A person that has been injured by a phantom vehicle is protected by their Uninsured Motorist Coverage. Since these accidents are not the victims fault, their insurance should not and cannot be increased for making a claim. To properly ensure this doesn’t happen, you may want to consult with a lawyer. To learn more about phantom vehicles and uninsured motorist coverage, visit our Utah Uninsured Motorist page.

These types of incidents are a warning call to all of us to exercise more care and caution when transporting things; even if it is as simple as moving a mattress or other furniture in the back of a truck. It is important to make sure the loads are properly secured. Not doing so can result in legal action and more importantly, could cause someone their life.

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Posted On: June 19, 2008

Salt Lake City Driver On Cell Phone Rear-Ends Car and Kills Two

Jasmin Gomez-Deaquino, 19, and Edgar Deaquino, 14, of Salt Lake City, were both killed on Interstate 215, according to a recent Deseret News article "Two Die in Car Accident on I-215."

The accident occurred near 2300 South, where the Honda Civic Jasmin and Edgar were traveling in had broken down and had come to a stop in the far right lane. As they were about to get out and push the car to the side of the road, a car driven by a 30-year old employee of a Salt Lake security business failed to slow down and slammed into the Deaquino’s Honda. According to Cameron Roden of the Utah Highway Patrol, the 30-year old driver might have been using a cell phone at the time of the accident.

My condolences are with the Deaquino Family as they cope with this difficult situation.

It seems that we are seeing more and more automobile fatalities involving drivers distracted by cell phones, and this is totally unacceptable. A recent University of Utah study found that talking on a cell phone while driving is comparable to driving with a blood-alcohol level of .08 percent. It is time for Utah to revamp its cell phone laws to prevent such needless wrongful death accidents.

The insurance company for the security business may try to diffuse responsibility for this accident by arguing that the Deaquino vehicle should have stopped in the shoulder, but car trouble can happen at any time, and its safe to say, that if the employee for the security business was traveling at a safe speed and was not on his cell phone, this tragic accident would not have happened.

The victims' family would be best served in consulting with an experienced personal injury lawyer qualified in car crash cases to fully understand their rights and options. They need an attorney who will conduct a complete and prompt assessment of the crash and explain what compensation might be available.

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