Utah Personal Injury Law Firm Blog

According to a KSL News article, “Woman hit in crosswalk, but no one is talking,” Patricia Dawn Jordan of Oxford, Maryland died from injuries she sustained while walking in a crosswalk at the Salt Lake International Airport. On July 22, the woman was walking in the crosswalk outside Terminal 2 when a car traveling in the 10 mph zone struck her. Three days later the woman died.

I express my sympathies to the victim’s family as they deal with this difficult situation.

What is strange about this case is that the airport refuses to talk about the accident – it only reached the news after an anonymous tip to KSL more than a week after the accident occurred. When KSL attempted to do a news piece on the accident, workers at the airport either told them that they did not see anything or that they are not allowed to talk about it. The airport is refusing to disclose information, but why? Clearly, this woman did not contribute to the accident as she was in a crosswalk when she was hit.

It is sad that this family has to deal with this tragic loss and at the same time fight with the airport officials for answers as to what happend. For this reason the family of the victim should find a Utah personal injury lawyer that will perform a complete investigation so as to bring to light those who are accountable.

According to an ABC 4 News article, “Dogs attack Utah County men,” two Orem men were injured in a pit bull attack. Anthony Denovellis was walking near 600 East and 1500 South in Orem when three dogs, including a pit bull, began circling him. The dogs then left but returned minutes later and began circling him again. The pit bull then attacked Denovellis, leaving a puncture would to his leg. Jim McFarland, who was at his nearby auto body shop, saw what was happening and started to yell at the dogs. The dogs then ran towards him and McFarland was bit by the pit bull as well. McFarland was finally able to lure the dogs into a gated area of his property where the dogs were kept until authorities arrived to take them away.

There seems to be an increase in dog bites and animal attacks in Utah the last few months. This may be why several Utah cities, including Provo and Sandy are considering laws to register vicious dog breeds and limit their interaction with the public. These laws are a good step forward in protecting others (especially children) from vicious dogs, but since no one knows when a dog will attack, even if the dog hasn't bitten in the past, a more important law would be to ensure all dog owners carry homeowners or renters insurance to cover the medical bills and other expenses associated with these attacks.

Under Utah law a dog owner is strictly liable for injuries inflicted by his dog upon a person, even if the owner was not negligent and the dog had never bitten anyone before, as long as the person who was bitten had the legal right to be where he was attacked. If the victims of these attacks are left with injuries and medical bills they would be best served consulting with an experienced Utah dog bite lawyer to ensure their expenses are covered and that these vicious dogs do not attack again.

A KSL News article reported that an 11-year-old Ephraim girl was killed Monday in an ATV accident. The girl was riding as a passenger on a Rhino ATV that flipped onto its side, pinning the girl underneath. She was taken to Sanpete Valley Hospital where she was pronounced dead.

This is a tragic accident and I give my deepest condolences to the girl’s family.

Since this young girl was a passenger, she did not contribute to the accident, but many will ask "how could this happen?" Hopefully, this questions will be answered by the police investigation. However, sometimes they remain open to speculation even after the police investigation is complete. The family might find it beneficial to contact an experienced personal injury attorney to further investigate the accident independent of the authorities and to answer any questions they might have. If the accident was the result of driver error, then the family would have a claim against the driver’s estate, which is probably covered by insurance. Assuming the driver was insured, the family would then have a tough choice – do they go after the insurance money that the insurance company is legally obligated to pay or do they let the insurance company keep it? If the accident was the result of a defect in the ATV then the manufacturer can be held responsible.

According to a recent article in the Salt Lake Tribune, 54-year-old Ogden woman was killed in an automobile accident that occurred in Ogden. She was proceeding through an intersection on Monroe Avenue when a 2000 Ford Ranger traveling west on 12th street ran a red light and struck her, killing her instantly.

Our deepest sympathies to the victim's Family.

Not every case requires an attorney and at the Christensen Law Firm, we will be the first to let you know if your case is better off being handled by yourself. This tragic accident may not require an attorney. If the person who caused this tragic accident has automobile insurance with low policy limits, then the insurance company should automatically offer the full policy limts as settlement and there would be no need to hire an attorney and have them take a percent of the settlement.

A recent article by the Associated Press, “Pittsburgh cancer institute warns of cell phone-cancer risk, defying published research,” reported Dr. Ronald B. Herberman of the University of Pittsburg Cancer Institute believes cell phone use could cause cancer after all. Dr. Herberman issued a warning on Wednesday about the possible link between cell phone use and cancer, making the University the first major academic cancer research institution to issue such an alarm.

However, Herberman’s warning is based on early unpublished data, and many are remaining skeptical. Numerous reputable studies across the world – including a 2008 University of Utah study – have all concluded that there is no known link between cell phone use and brain tumors.

Herberman nevertheless defends his warning by taking a better-safe-than-sorry approach. “Really at the heart of my concern is that we shouldn’t wait for a definitive study to come out, but err on the side of being safe rather than sorry later,” he says. Herberman recommends that children should only use cell phones for emergencies because their brains are still developing while adults should keep the phone away from the head and use the speaker phone or a wireless headset.

Along with a previous University of Utah study indicating that driving while talking on the cell phone is equivelant to drunk driving, this study is another reason why more states should consider banning cell phones without ear pieces while driving.

Salt Lake City, known as the “crossroads of the west,” has become a large, vibrant city. Known for its beautiful mountains and world-famous skiing, people continue to be drawn to the enjoyable, active lifestyle that such a city offers. The Salt Lake City area has grown and continues to grow in leaps and bounds, with the total population of the Wasatch Front now reaching over two million people. In such a big, lively environment, it comes as no surprise that accidents of all kinds occur on a daily basis.

Attorney Kenneth L. Christensen and the Christensen Law Firm, PLLC, specialize in representing injured persons and their families. Unlike other law firms, this is all we do. We do not divide our loyalties by representing insurance companies or corporations. We only represent people. Whether you were injured in an auto accident, suffered a brain injury, or were the victim of the negligence of another, our top personal injury lawyers in Salt Lake City are ready to vigorously represent the interests of you and your family.

Call the experienced Salt Lake City personal injury attorneys at the Christensen Law Firm today at 801-506-0800. All consultations are free and we do not charge a fee until there has been a monetary recovery in your case.

KSL News reported that two men were seriously injured in an automobile accident that was caused by a driver texting on a cell phone. According to officers, the driver of an SUV, Elizabeth Bedke, was text messaging when she ran a red light at 800 S. and 200 East, colliding with a minivan. Bedke's SUV then spun out of control and stuck a man on the street corner, seriously injuring him. The driver of the minivan was also injured and transported by ambulance to the hospital.

Driving while using your cell phone is never safe. In fact, a 2006 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. Texting seems to be even more dangerous than talking on a phone, as most drivers will take their eyes off the road for more than six seconds while texting. Considering this, it is appropriate that the driver of the SUV will likely face reckless driving charges.

Another study at Clemson University found there is a 10 percent increase in the amount of time drivers spend outside their lane of travel when texting. California and Washington enacted laws last month that ban cell phone use while driving. Utah may want to consider creating a similar law as the number of car accidents resulting from cell phone use seems to be increasing.

The injured victims would benefit greatly by consulting with an expert Utah personal injury lawyer. An independent and immediate investigation is crucial to find the exact location of the victims at the moment of impact and document all available evidence at the accident site. An experienced accident attorney will also ensure all out pocket expenses and medical bills are completely taken care of and the injured parties receive all the medical treatment needed for their injuries. I have written a free book for accident victims, 7 Biggest Mistakes That Can Wreck Your Utah Accident Case, and How to Avoid Them, and encourage everyone to call our pre-recorded 24 hour message at (800) 851-3731 to order a book before talking to an insurance adjustor or even hiring a lawyer.

A new program at Miller Motorsports Park is teaching teen drivers how to deal with dangerous situations, according to a Deseret News Article “Programs steer Utah teens toward safer driving.” The program, called the Teen Driving Academy, provides teen drivers with professional training on how to handle a skidding vehicle, avoid accidents at high speeds and properly use a car’s anti-lock braking system.

According to the U.S. Center for Disease Control, in the year 2006, car accidents were the leading cause of death for American teenagers, accounting for 36 percent of all death in this age group. The CDC also suggests that the most strict and comprehensive drivers licensing programs (like the one at Millers Sports Park) have shown a 40 percent reduction in fatal and injury crashes among 16 year-olds.

This program is unique and very valuable in that it provides drivers with such experiences in a simulated environment. Directors of the program hope that by experiencing such situations in a safe environment drivers will be better prepared to handle them.

According to an article by the Daily Herald, “Wreck kills one on I-15 in Payson,” 28-year-old Melissa Sandoval was killed last Thursday morning when she was forced off the road by a semitrailer. As Sandoval was driving northbound on I-15 near Payson a semitrailer hit her Ford PT Cruiser two times, the second hit sending her across the median and into the southbound lanes and oncoming traffic. Another semitrailer traveling south then struck her car, killing her.

Utah Highway Patrol officer Cameron Roden said that the driver of the first semitrailer, 43-year-old Marcus Winzer of Los Angeles, was driving recklessly and was arrested and charged with reckless endangerment. Winzer was also charged with a logbook violation for exceeding federal regulations that limit the amount of time truck drivers can be on the road.

The driver of the second semitrailer, John Caouette of Salt Lake City, was also arrested for driving under the influence. Caouette tested positive for marijuana.

Our condolences to Melissa Sandoval’s family and friends. This tragedy would not have happened if these professional drivers took their jobs more seriously.

Trucking companies have extensive accident teams that fly out to accident sites within 24 hours of an accident. They conduct their investigation and quickly create their defenses to liability. Since the trucking companies already have legal teams working for them, Melissa’s family would be well served to hire a Utah wrongful death attorney to protect their interests and perform their own investigation of this sad accident.

Three men were tragically killed in a helicopter crash on Saturday. According to the Salt Lake Tribune, “Copter crash pilot remembered as icon of wildlife relocation”, the crash occurred about a mile west of the Carbon County Airport near Price. Pilot James Ian Innes, 59, of Salt Lake City; Andrew Innes, 30, of Park City; and George McDaniel, 40, of Idaho Falls, Idaho all died in the accident.

Both James and his son Andrew were originally from New Zealand, where James worked as a pilot for wildlife-relocation projects. After moving to Utah James continued to work as a pilot for Pathfinder Helicopter, Inc., a business that catches wild animals. James Ian Innes provided a wonderful service to our state, which is full of wildlife resources.

Continue reading " Helicopter Crash in Price, Utah Kills Three Men " »

MSNBC report, Deadly Tension on the Road - Cars vs. Bikes, explains that Bicycle sales are soaring since gas prices have reached more than $4.25 a gallon. Previous reports also show that there are more motorcycles on the roads. Sadly, this has lead to an increase in fatal bicycle and motorcycle accidents.

Not only do motorist need to keep a better look out for these smaller drivers, all bicyclist and motorcycle drivers should be fully educated on the rules of operation before sharing the roads with cars and trucks. Contact your state DMV for specific information.

A tour bus near Panguitch, Utah and Bryce Canyon full of teens from New Jersey, New York and Florida who were on a tour of the western United States rolled and caught on fire according to reports by KSL News, Tour Bus Loaded With Teens Rolls in Red Canyon, and the Salt Lake Tribune's, Fiery Bus Crash Near Bryce Canyon National Park Hurts Teens.

It is very fortunate for the young people and their families that no one was killed in this fiery accident.

KSL reported that is unclear what caused this bus to go off the road and that wind may have contributed. How could it be unclear? The bus driver should be questioned and should provide answers to these important questions.

Official accident investigations many times lack the resource to cover every probable cause of the accident. The family of these young teens may be well served consulting with a Utah personal injury attorney. Injury claims outside your home state can be difficult, but our firm has handled several of these claims and achieved successful results.

Two accidents in Salt Lake County were caused by Semi Truck Driver’s speeding and putting other drivers in danger. KSL news reports the accidents on Bangerter Highway in South Jordan and another on I-215 in Salt Lake City resulted in roads closing and and several thousand dollars in property damage. The semi truck drivers in these accidents were excessively speeding, causing them to lose control of their large trucks and trailers.

Truck drivers are trained professionals and are held to a higher standard of care than your average driver in Utah. If you or someone you love has been injured due to the actions or neglect of a semi-truck driver, it is important to contact an experienced Utah personal injury lawyer to ensure evidence is preserved and these careless drivers do not put others in danger again.

A recent article by Consumer Affairs, Study Reveals Worst Insurers, reports that Allstate ranks as the worst insurer for consumers. The report is based on national interviews with attorneys who frequently handle insurance claims as well as a comprehensive investigation of thousands of legal documents and financial filings by the American Association for Justice.

The rankings are based on what the investigation found to be a distinct pattern of insurance greed; that is, insurance companies that avoid paying claims, use hardball tactics against their insured, reward executives with huge salaries, and raise premiums to increase profits. American Association for Justice CEO Jon Haber said that “While Allstate publicly touts its ‘good hand’ approach, it has instead privately instructed its agents to employ a ‘boxing gloves’ strategy against its policyholders. Allstate ducks, bobs and weaves to avoid paying claims to increase its profits.”

The report also points out that Allstate, State Farm, and Liberty Mutual all at one point hired the consulting giant McKinsey & Co. to help employ aggressive tactics designed to deny policyholder claims.

Based on our experience and dealings with Allstate and the hundreds of claims handled with them, we would have to agree with this study. I have found that although Allstate may have great agents in Utah, when someone is involved in an accident, they no longer work with agents, but instead are assigned an adjustor to handle their case, and Utah adjustors definetly employ boxing gloves instead of "good hands."

Continue reading " Study Reveals Allstate is the Worst Insurance Company " »

A recent article in The Daily Herald reported that Provo City may implement new laws effecting dog owners. Instead of banning specific breeds, the proposed ordinance would regulate all breeds of dogs and their owners by setting forth measures against dogs that exhibit at risk and dangerous behavior. Provo City Councilwoman Midge Johnson said that they did not want to name breeds in the ordinance because that would “lump in the good with the bad.”

According to Utah's ABC 4 News, the ordinance would take a two tier approach by categorizing dogs as “at risk” and “dangerous.” At risk dogs would have to be fenced in or leashed at all times, have a microchip implanted and have its photo on file with the city. If an at-risk dog continued to cause problems it would then be placed on the dangerous list, which would mean that in addition to everything else the owner would have to carry liability insurance of at least $100,000.

Homeowner's insurance for the dog owner will typically cover any injuries and damages their dog may cause. But, many renters own dogs and are not required to carry insurance. This means, that if their dog attacks and injures someone, they will be personally responsible and will have to pay out of pocket for the damages caused by their dog. Even if this law is not enacted, we strongly encourage all dog owners to carry some form of insurance, wether it be home owners or renters.

According to an American Forces Press article, “Motorcycle, Vehicle Accidents Dominate Off-Duty Summer Fatalities”, 37 service members of our armed forces have died in off-duty motor vehicle accidents since Memorial Day weekend.

The 101 Critical Days of Summer, which refers to the period between Memorial Day weekend and Labor Day, usually sees an increase in the number of motor vehicle accidents and motor vehicle deaths. Of particular concern to officials this year is the higher than usual number of motorcycle deaths. Due to high fuel prices it seems that more and more of our service men are using motorcycles as a means of transportation. So far this year, of the 37 off-duty motor vehicle fatalities, 25 involved motorcycles.

According to KSL News, 24-year-old Alex Soderborg was killed in a Motorcycle accident. Soderborg was traveling near 4100 South and 4000 West in West Valley City when a car did not see him and struck Soderborg, throwing him about 10 feet. He was wearing a helmet but unfortunately suffered severe head injuries and died at the scene.

This tragic accident is another reminder to always keep a lookout for motorcycles, bicycles and pedestrians when driving on our Utah roads. My deepest condolences to the Soderborg family.

34-year-old David Lant died in an Orem, Utah motorcycle crash after being hit by a semi truck that failed to yield to Mr. Lant’s motorcycle, according to a recent article by KSL News, “Man killed in Orem motorcycle accident.”

Lant was on his way to work and only a few blocks from his home when the accident occurred. As he entered the intersection on a green signal at 800 North and 1200 West, a semi truck ran a red light and struck David Lant. Lt. Doug Edwards of the Orem Department of Public Safety said that they do have witnesses that indicated the light was green for southbound traffic.

This is such a tragic and heart wrenching accident. Please keep Mr. Lant’s family in your prayers.

When motor vehicles collide with motorcycles, it is always serious, and often deadly. Utah Department of Public Safety has made extensive efforts to educate the public about motorcycles on the roads. They wrote a brochure, “Share the Road, Start Seeing Motorcycles” and note that approximately 75% of all motorcycle crashes involve a motor vehicle, and 67% of these crashes were caused by the motorist failing to yield the right-of-way to the motorcyclist.

Everyone should read this brochure and follow their SEE program while traveling on Utah roads. S- Search for factors in the area, search for oncoming traffic, motorcycles, pedestrians, etc. E- Evaluate the potential risk and options. Think about your time and space requirements to maintain a margin of safety. E- Execute with control and precision. Don’t make a maneuver unless it can be done safely.

Continue reading " Utah Motorcyclist Dies When Semi-Truck Fails To Yield the Right of Way " »

A semi truck accident caused a part of Interstate 80 to be shut down and sent two people to the hospital, KSL News reported. The accident occurred at the 700 East overpass on I-80. The driver of the semi truck was traveling in the right lane when he attempted to make a lane change and ran into a Volkswagen Jetta. When the semi driver noticed what he had done, he swerved back to the right and collided with a Cadillac, nearly pushing the car off the freeway and down onto the 700 East off-ramp below.

Fortunately, the driver of the Jetta walked away and the driver of the Cadillac received only minor injuries in what potentially could have been a catastrophic accident.

Not only was the driver of the semi truck negligent in the operation of his vehicle, but he also never should have been on I-80 in the first place. Because of construction on I-80, semi trucks are supposed to use I-215 instead. According to the Utah Highway Patrol, this has not been happening and troopers have begun to issue citations. The UHP even sent out letters to the local trucking companies asking for their cooperation. unfortunately, many truck drivers have refused to take I-215 because it could add 10-15 minutes to their drive. This truck driver's decision to put time before safety caused hundreds of drivers to spend their morning in gridlock and will cost his trucking company thousands of dollars for the victims medical bills and lost wages.

A Salt Lake Tribune article, "LaVerkin Woman Dies in Interstate 15 Accident," recently reported that a 53 year-old woman driving an Isuzu Rodeo near Washington, Utah was killed in an automobile accident on Interstate 15.

The woman from LaVerkin, Utah was traveling on I-15 near St. George when a 21-year old man, driving a Ford Freestar, fell asleep at the wheel and struck her vehicle. Sadly, she was partially ejected and died at the scene.

I offer my deep condolences to the family of the victim as they deal with this unexpected loss.

As shown by this tragic accident, sleeping and driving is a very dangerous combination. While most people realize the danger of drinking and driving, they fail to recognize that drowsy driving can be just as fatal. In fact, the National Sleep Foundation reports that 100,000 police-reported crashes are the direct result of driver fatigue each year. This results in an estimated 1,550 deaths, 71,000 injuries, and $12.5 billion in monetary losses. In Utah last year, drowsy driving killed as many people as drunk driving.

Two men died in a truck collision on Interstate 70 in Utah, according to a recent KSL News report. Richard C. Braun of Edgewater, Colorado and Cindy Bird of Westminister, Colorado, were merging onto I-70 from I-15 when another truck that was in the median suddenly made a left turn across the traffic lanes. The two trucks collided, sending Braun’s and Bird’s truck into a series of rolls. Bird died at the scene and Braun died while being transferred to Utah Valley Medical Center.

The driver of the second truck was a 71-year-old woman from Lavern. According to police, beer cans and prescription medications were found in the woman’s truck.

I deeply sympathize with the families of these two victims and am saddened by the unnecessary loss life.

The 71 year old women from Lavern is clearly responsible for this accident as Utah law does not allow drivers to make left-hand turns unless they can do so with safety. This reckless driver will also likely be charged with a felony DUI for driving with open containers and prescription drugs.

The family of the accident victims would be best served in consulting with an experienced personal injury accident attorney qualified in Utah car accident and wrongful death cases. They need an attorney who will conduct a complete and prompt assessment of the crash and explain what compensation might be available through the driver’s insurance and the applicability of their own underinsured provisions in their own insurance policies.

Two men survived an airplane crash in Carbon County, Utah according to a KUTV news report, "Two People Survive Plane Crash in Carbon County." A witness said that the plane went down between East Carbon and Sunnyside. John Bridewell of South Dakota and his passenger, Duncan Bridewell of Arizona are reportedly in stable condition at the University of Utah Hospital.

We are happy to hear these two men miraculously survived this crash and wish them a full and speedy recovery.

To learn more about aviation law, click here.

We previously reported that Utah Resident, James Taylor was the lone survivor when two medic helicopters crashed June 29th. We are saddened to report that Mr. Taylor was unable to recover from his injuries and died at the hospital on the Fourth of July. Taylor was a registered nurse at St. Mark's hospital and also worked part time as a flight nurse.

We share our deepest condolences for Mr. Taylor's wife and three children.

We strongly support the Utah organization Zero Fatalities’ efforts to help Utah Residents and others on our roads stay safe this season. Their message is extremely important this time of year as studies show that fatal car crashes increase 52 percent the 100 days between Memorial Day and Labor Day.

Zero Fatalities lists five deadly behaviors to avoid while driving:

• Don't drive drowsy,
• Don’t drive distracted,
• Don’t drive aggressively,
• Always buckle up.

If everyone wore seat belts, traffic fatalities would be reduced by half. Aggressive driving is a factor in one in four fatal crashes, the same for distracted driving; it’s a factor in one of every four crashes. And drowsy driving killed as many people as drunk driving in Utah last year.

Two motorcycle accidents sent three people to the hospital, according to a recent KSL News report.

In one incident, a car was attempting to turn left on 700 East but had to stop when it saw a bicyclist coming through the intersection. A motorcycle traveling in the opposite direction was then forced to stop as well but could not, causing the motorcycle to skid across the street and into the back of the car.

Another motorcycle accident occurred on State Street in Sandy. As the motorcyclist changed lanes the car in front of him also changed lanes, forcing the motorcyclist into a 1-foot-tall-island. When the motorcyclist hit the island he flew 40 feet with his motorcycle, which landed on top of him.

It is easy to assume that motorcycle accidents are usually due to some kind of carelessness on the part of the motorcycle driver. However, this is not true. There are a number of possible factors that contribute to motorcycle accidents: the negligence of other drivers or pedestrians, dangerous/faulty road conditions, or even a mechanical malfunction or product defect. In fact, over 80% of multi-vehicle accidents involving motorcyclists are not the rider’s fault. Driver’s have a duty to keep a proper lookout and be aware of others on the road, especially motorcycles. Drivers also are required by law to only make a left-hand turn when the intersection is clear and their turn can be made safely. Unfortunately, these two laws were broken and resulted in serious injuries. We wish these motorcyclists a fast a full recovery.

A helicopter crash in Flagstaff, Arizona has claimed the lives of six people. According to a recent KSL News report, the lone survive of the crash is Utah resident James Taylor, 36, of Salt Lake City.

James Taylor, who works as a nurse at St. Mark’s Hospital and Intermountain Medical Center, is in critical condition after the medical helicopter he was traveling in collided with another medical helicopter also in the vicinity of a Flagstaff hospital. Federal Authorities are still trying to determine why the two helicopters collided in mid-air.

This is a horrible tragedy and we offer our condolences to the families of the victims.

Aviation law is a complex area of litigation. There are numerous possible claims of liability that involve state, federal, and international law. Because helicopter and airplane crashes involve several states, defendants, and legal venues, it is important for victims to retain an aviation attorney who has formed relationships with the top accident reconstructionists and other out-of-state attorneys to ensure every aspect of this complex area of law is taken care of.

Although Mr. Taylor likely qualifies for workers compensation insurance, he may also be able to make a personal injury claim for his entire lost wages as well as pain and suffering. This can be very beneficial as workers compensation normally limits the amount of recovery, but a personal injury claim will not.

Our client, Brady Hansen, and his two friends, Nick Clayton and Chris Bryan received serious injuries when the car they were riding in took a sharp corner at a high rate of speed, hit a telephone pole and rolled. Fortunately, all three passengers were wearing their seat belts; seatbelts that kept their serious injuries from becoming fatal.

After experiencing the positive affects of seatbelts, in a KSL News Special “Teens Remind Peers To Drive Safely” on June 4, 2008, Brady and his friends reminded others of the importance of driving safe and always wearing a seatbelt.