Posted On: January 28, 2010

Injured in a Utah Accident?

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.

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Posted On: January 26, 2010

Survivors of Deadly Car Accident Settle Wrongful Death Claim in Utah

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.

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Posted On: January 22, 2010

Three DUI Arrests in Salt Lake City this Week Alone

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.

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Posted On: January 21, 2010

Pedestrian Severely Injured in Utah Car Crash

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.

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Posted On: January 20, 2010

New Statistics Released: Fatalities on Utah Roads in 2009

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.

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Posted On: January 19, 2010

Orem Woman Killed in Idaho Car Crash

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.

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Posted On: January 18, 2010

Utah Fatal DUI Car Accident on the Rise

Fatal DUI Car Accidents Increasing in Utah

The National Highway Traffic Safety Administration released their most recent findings from the research of all the 2008 traffic accidents and fatalities across the nation. The results: In 2008, an estimated 11,773 people died in drunk driving crashes involving a driver with an illegal BAC (.08 or greater). These deaths constitute 31.6 percent of the 37,261 total traffic fatalities in 2008. It is tragic that drunk driving has claimed so many innocent victims. After witnessing increased DUI arrests, Utah lawmakers and lobbyists have been taking a stricter stance on the subject. Unfortunately, one of Utah own advocates against drunk driving was arrested last Friday for driving under the influence of alcohol.

Utah Senator Resigns Following DUI Arrest

On Saturday, January 16, 2010, state Senate Majority leader Sheldon Killpack, R-Syracuse, resigned. He had been arrested for driving under the influence of alcohol the Friday evening before. This arrest came as a major shock to the community. During his career in the legislature, Senator Killpack was considered a hardliner against drunk driving in Utah. He had lost his own father to a drunk driver and has been passionately involved in the campaign to reduce alcohol related Utah car accidents. In fact, he worked closely with the President Art Brown of the Utah Chapter of MADD (Mothers against Drunk Driving) on legislation to toughen DUI laws.

Senator Killpack’s immediate resignation came as a surprise for the political community. For one, the Utah State Legislature will begin convening next week. Senator Killpack has been actively involved in several key committees and pieces of legislation. Now the Republican Party must find a replacement and fast. In a KSL interview, Dave Hansen, chairman of the Utah Republican Party, he stated, “It's gone from shocking to just unbelievable to very, very intense.” Many lawmakers and community members wonder what effects of the Senator “quitting” will have on 2010 legislative session. However, many people support the Senator resignation as further demonstrating his stance against Drunk Driving and breaking the law.


Fatal DUI Car Accidents In Utah

While Utah may be on the bottom of the total number of DUI related car crashes in the Nation, Utah does have an increasing drunk driving problem. According to the National Highway Traffic Safety Administration, Utah had an 81 percent increase in the number of alcohol-related traffic fatalities from 2003 to 2004 which is the largest percentage increase of any state in the nation. The following statistics, from Deseret News report on drunk driving accident in Utah, help to demonstrate this rising trend:

• In 2003, Utah had 36 alcohol related traffic accident deaths
• In 2004, Utah had 65 alcohol related traffic accident deaths
• Most recent statistics from NHTSA show that Utah had 50 DUI fatalities in 2008

The Importance of Hiring an Experienced Personal Injury Lawyer

We take an unwavering stand against drunk driving in Utah. We only represent the victims and their families of alcohol related car crashes. The foundation of the Christensen Law Firm, PLLC, is based on the integrity of finding justice for those who have been injured or have lost a loved one in an accident caused by the reckless decisions of another person. Our experienced personal injury attorneys and wrongful death lawyers are willing to sit down with you to discuss your full legal options. If your Salt Lake City accident was a result of another’s negligence you are entitled to be compensated by the responsible party or their insurance provider for expenses like lost wages, medical bills, property damage, and pain and suffering. In cases of extreme negligence, such as drunk driver accidents, we can seek punitive damages.

If you or someone you love has suffered through an 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 today.


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Posted On: January 15, 2010

Vernal Child Killed in Pedestrian verses Automobile Car Crash in Utah

Pedestrian verses Automobile Death

In a solemn report by the Salt Lake Tribune, 12-year old Ashley Lauren Maynard, passed away last Wednesday evening. On January 5, 2010, while waiting for her school bus, Ashley had stepped out into the street and was hit by an oncoming car. Ashley suffered from a traumatic brain injury and had been in the Primary Children Intensive Care Unit since this horrific Utah car accident. In a selfless decision, Ashley’s family has donated her organs.

My deepest sympathies go out to the victim’s family and friends for their loss. Ashley was an active and happy child who touched many during her short time with us. May thoughts and prayers are with those who loved Ashley as they go through devastating and difficult time.

Continue reading " Vernal Child Killed in Pedestrian verses Automobile Car Crash in Utah " »

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Posted On: January 14, 2010

Draper Utah Funeral Home Named as Defendant in "Brain in Bag" Case

In a scandal that has disturbed the entire nation; a complaint has now formally been filed in the District Court of New Mexico on January 4, 2010. As you may recall, relatives of a woman killed in a Utah car crash found her brain in the bag of personal affects. The lawsuit names several defendants including Serenicare Funeral Home of Draper Utah, DeVargas Funeral Home of New Mexico, and Inman Shipping Worldwide of Ohio. As of today, there are no lawsuits pending against the Utah State Medical Examiner’s office. According to the Rio Grande Sun News of New Mexico, the children and husband of the deceased woman “experienced shock, horror and great fear upon learning that Decedent’s entire body had not been buried.” Understandably, the family filed the a complaint stating this shock caused bodily injury, emotional distress, pain and suffering, loss of life’s enjoyment, and fear for themselves and the deceased.

Continue reading " Draper Utah Funeral Home Named as Defendant in "Brain in Bag" Case " »

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Posted On: January 13, 2010

Distracted Driver Kills Elementary Schoolboy

Deadly Distracted Driving

This past December, Brandi Dulin, a teenager from Muskego, dropped her cell phone while she was driving. Searching for the phone, Brandi inadvertently swerved her car into a parked school bus. The impact of car crash caused her car to plow underneath the school bus. Miraculously, Brandi escaped without any serious injuries. Luckily, the school bus was empty and nobody else was hurt by this young woman’s distracted driving.

Others have not been so fortunate. Judy Teater of Spring Lake Michigan was taking her son Joe home from an afterschool activity. A young woman talking on her cell phone ran a red light and hit the passenger side of Judy’s car. Joe was killed immediately.

My heart goes out to the families and victims of distracted driving accidents. I, along with the staff of the Christensen Law Firm, offer our deepest condolences to those who are put in the position of experiencing a tragic and sudden loss of a loved one. We join in the cause to bring awareness to our community about dangers of distracted driving.

What Is Distracted Driving?

Distracted driving is a leading cause of car accidents nationwide. According to the United States Transportation Department, 5,780 traffic accident fatalities resulted directly from distracted driving. Distracted driving includes any activity that takes a motorists attention from driving and the road. The Official US Government Website for Distracted Driving states that there are three main types of distractions:

1. Visual- Anything that takes your eyes of the road
2. Manual- Anything that takes your hands off the wheel
3. Cognitive—Anything that takes your mind of driving

Sounds abstract, right? Distractions constitute a very broad range. During the business of our lives, often times we are guilty of trying to multitask while commuting. Following is a short list of activities that qualify for creating distracting driving conditions:

• Texting
• Talking on the your cell phone (whether or not it is handheld or bluetooth)
• Talking to passengers
• Playing with the radio dials
• Eating
• Grooming/Applying make-up
• Reading

National Headlines: Cracking Down on Distracted Driving in America

On Tuesday, January 12, 2010, Ray LaHood, Secretary of the United States Department of Transportation ,and Janet Froestscher, President of the National Safety Council announced the creation of FocusDriven, the first national nonprofit organization dedicated to ending distracted driving in the United States. FocusDriven is the brain child of the Septemeber 2009 National Distracted Driving Summit held in Washington DC by the National Highway Traffic Safety Administration (NHTSA). FocusDriven, modeled after the nonprofit organization Mothers against Drunk Driving (MADD), aims to bring awareness about distracted driving and will specifically target ending cell phone usage while driving.

National statistics presented at the conference on Tuesday reported that 28% of all traffic accidents are caused when people talk on cell phones or send text messages while driving. That means that 1.4 million car crashes are caused by cell phone conversations .Furthermore, studies conducted overwhelming demonstrate that cell phone use of any kind distracts drivers.
Utah is one of the 19 states that ban texting while driving. 6 states have additional restrictions on cell phone use. In California, using hand held cell phone use while driving is against the law. "I'm on a rampage about distracted driving. I'm not going to give up on it," LaHood stated. "I'm going to do everything I can to try to make sure people drive safely— without cell phones, without Bluetooth, without Blackberries."

When involved in an automobile accident related to distracted driving, victims should get in touch with an experienced Utah personal injury lawyer, who will analyze all aspects of the accident, examine the police reports and interview witnesses to make sure the negligent and at-fault parties are held responsible for their actions.The talented and experienced attorneys at The Christensen Law Firm, PLLC represent injured persons and their families. If you have suffered a serious injury in the state of Utah, contact The Christensen Law Firm right away to receive a free consultation with one of our skilled Utah personal injury lawyers. You can reach us at 801.506.0800.

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Posted On: January 12, 2010

Draper: The Most Dangerous City in Utah

Draper has the Highest Rate of Car Accident Fatalities

National traffic statistics routinely report that Utah is one of the relatively safest states in the country. In fact, Utah has the lowest rank of fatalities due to alcohol related car crashes nationwide. It is surprising then to discover that Draper, a beautiful suburb located near the Point of the Mountain, statistically is the most dangerous city in Utah.

Fatality Analysis Reporting System (FARS) released an in-depth report of the accident trends of each city in the State of Utah for the past twenty years. The report demonstrated that the State of Utah has pretty much consistently remained at 1.6-3.2 car accident fatalities per 100,000 persons. Draper on the other hand has seen a much higher increase in car accidents that resulted in deaths over the past decade. Draper had a record high rate of 9 deaths due to motor vehicle accidents per 100,000 persons in 2002. In 2003, Draper authorities reported 8 car accident fatalities per 100,000 persons while the nearby city of Sandy had only 2 fatalities that same year. During 2000-2003, Sandy City, a much larger and heavily populated city, did not have any fatalities caused by drunk drivers. National Highway Traffic Administration (NHTSA) reports that the number one cause of death between the ages of 2-30 are traffic accidents. The main causes of these tragic car accidents include:

• Distracted Driving
• Speeding
• Drunk Driving
• Driver Fatigue
• Inclement weather conditions
• Aggressive Driving

Why Draper Residents are Prone to be involved in a Utah Car Accident

Mounting concern for the safety of Draper residents is justified. Most car crashes involving personal injury occur 3-5 miles from your home. The number of deaths resulting from motor vehicle accidents undoubtedly has had a great affect on the tight knit communities of Draper City.

According to their research results, the National Highway Traffic Administration ( NHTSA) has provided a list of the main causes of motor vehicle accidents. Driving around Draper City one afternoon, it was plan to see that Draper residents are prone committing several of these mistakes that cause fatal car crashes in Utah.

Distracting Passengers Cause Fatal Accidents

9% of motorists who have been involved in a fatal car accident admit that their passengers had distracted them. In Draper, where 65% of the population is under 18, parents have the added responsibility of taking their children with them as they go about their daily lives. Children innocently cause the majority of these distractions. When one has multiple kids, the number of distractions and driving mishaps increases substantially! The common stereotype of the suburban housewife driving minivan filled with children while weaving in and out of traffic; tragically, has become an all too real phenomenon. A social phenomenon that has knowingly caused catastrophic accidents and personal injury. According to traffic authorities, when a driver is distracted he or she will increasingly drive erratically, speed, fail to yield and fail to properly use turning signals. Driving faster or slower than the flow of traffic has strongly been demonstrated to increase the likelihood and severity of crashes.

As a parent and a Utah personal injury attorney, I have been in the position of counseling families whose children have been victims of preventable car accidents. I know of almost nothing as tragic as having to deal with the challenge of losing a child due to a parent’s own distracted driving. Please remember these helpful guidelines when driving with passengers:

• Focus on the Road. Always. While your child may be frustrating, he or she is safer when
your attention remains on driving.
• Pull over in a calm and safe manner to address the issue at hand.
• Implement a reward system for kids who get fussy when driving.
• Don’t talk on your cell phone while driving. Increasingly, children compete for attention
when parents are talking on cell phones. This usually results in a child throwing a tantrum.
• Distract your child not yourself! Children love listening to music and reading while driving.

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Posted On: January 11, 2010

Is the Legislature Doing Enough to Reduce Drunk Driving in Utah?

Utah Drunk Driving Arrests on the Rise

According to national traffic safety experts, the daily death toll from drunk driving crashes during the Christmas and New Year’s holiday period is significantly more than during the rest of the year. A report presented to state legislators indicates that Utah has the lowest percentage of fatalities attributable to driving under the influence in the nation. The most recent statistics demonstrate that the United States average for traffic fatalities involving alcohol is 41%. In Utah, DUI accounts for 22% of road fatalities. However, the report indicates there is an upward trend in the number of arrests for driving under the influence in Utah. Last year, there was an increase of 639 arrests to a total of 15,300.

States taking Action to Stop Drunk Driving Accidents

Several states are taking additional action to reduce the number tragic deaths resulting from alcohol related traffic accidents. The State of New York recently passed legislation named “Leandra’s Law” which increases the punishment from a misdemeanor to a felony when a motorist drives under the influence of alcohol and/or drugs with passengers that are under the age of 16. The new legislation is named after a 11 year-old Leandra Rosado was killed on October 11, 2009, when her friend’s mother, who was driving drunk, rolled the vehicle Leandra was a passenger of.

NBC reports that more than 12,000 children under 14 died in alcohol-related traffic accidents between 1994 and 2000, according to a recent report of the National Highway Traffic Safety Administration. NHTSA found that in 64 percent of those deaths, the child was in the car with the drunken driver. Online polling after the NBC report demonstrated that 75% of New Yorkers were pleased with the new legislation on drunk driving which has caused other states’ legislatures to consider tightening their DUI laws as well.

Utah taking enough action to reduce DUIs?

In the 2009 during the Halloween blitz, the Salt Lake Tribune reports that there were 124 DUI related arrests made by the Utah Highway Patrol during that Saturday evening alone. UHP Sergeant estimates that there are typically 40 percent more drunk driving deaths when the holiday is on a weekend. UHP is pleased to report that there were no DUI crashes or fatalities this past Halloween; however, there were numerous drunk driving arrests made. Many of the arrests found minor is the possession of alcohol or parents driving drunk with their children in the back seat. This presents a social problem for Utahns. How do we stop drunk driving? It is safe to assume that we all agree that minors and alcohol should never mix. Zero Tolerance is already in effect in the state. If Utah implemented a felony punishment for those persons caught driving under the influence of alcohol and with children as passengers; would that help curb the number of DUI motorists on Utah roads?

An Experienced Wrongful Death Attorney Can Help

In cases where such negligence or wrong doing is involved, such as drunk driving, families of the deceased victim may file what is known as a wrongful death claim. An experienced Utah personal injury attorney can help you through this difficult time. In Utah a wrongful death case can be brought by the legal heirs of the person whom died as a result of the Utah accident. Only one single claim can be made on behalf of all heirs, but each of the heirs are entitled to a settlement. It is extremely beneficial to contact a Salt Lake City personal injury attorney specializing in fatal accident claims to ensure that the case is fully settled, so that legal heirs will not appear later to collect against the settlement. If you have lost a loved one in an accident, it is important to educate yourself before making any legal decisions. Visit www.UtahAccidentBook.com and get your free copy of attorney Ken Christensen's Utah Accident Book "7 Biggest Mistakes That Can Wreck Your Utah Accident Case." It's free!

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Posted On: January 11, 2010

Orem Mother and 4 week-old Infant involved in Utah Rollover Car Accident

In the space of 6 months, Hailey was a victim of two different Utah car accidents. The first occurred when she was rear ended by a motorist who was texting. The second automobile accident was much worse. Hailey was t-boned by a teenager who was speeding across traffic lanes. The force of the impact caused Hailey’s Toyota Camry to roll 4 times. Hailey’s four week old infant was in the back seat. To make matters worse, Hailey’s husband was stationed in Iraq. Due to the nature of his deployment, Hailey was not guaranteed frequent contact with her husband. Hailey was on her own to make all the decisions surrounding her infant and her medical treatment and personal injury claims.

Hailey’s first impression of the insurance company was bad. Hailey’s baby girl was still in intensive care when Hailey was being pressured to purchase a new car within two to three days. She wasn’t clear about her policy coverage and she didn’t feel that she was getting straight answers from her insurance adjuster. Hailey needed help and fast. Hailey remembers feeling fearful that being a young mother and without her husband, personal injury lawyers and insurance adjusters may try to take advantage of her. She states, “I had been hit twice by negligent drivers in less than a year. The first law firm I worked with dropped my case because they were afraid it was going to be too difficult to handle both claims. During one of the most stressful times in my life, Kenny Christensen took both my cases and got excellent settlements for me. During the entire process, Mr. Christensen kept me updated and informed about my case. He made himself available to answer my questions and explain my legal options. I was treated like a person. I know that I made the right choice. I highly recommend The Christensen Law Firm.”

Hiring an Experienced Utah Personal Injury Attorney

Despite our attempts to be safe drivers, accidents still happen. Attorney Ken Christensen remembers Hailey’s plight very well. He states, “Hailey was wise to realized that it was not right for her be pressured by her former attorney to settle her first case prematurely.” Mr. Christensen is passionate about fighting for people who might be considered underdogs. If Hailey had listened to her former counsel and complied with their legal advice to drop the case; Hailey would have been in a far worse position. For one, she would be responsible for the additional medical bills she incurred as her personal injury protection benefits were exhausted quickly. The Christensen Law Firm, PLLC, was able to settle both of Hailey’s personal injury claims, made sure all her bills were paid and ensured that her property damage portion of her claim was resolved in a just manner. Attorney Christensen offers the following advice:

• Don’t rush to settle your Utah Personal Injury Claim
• Make sure you are comfortable with your Personal Injury Attorney

If you are at all uncomfortable with the process of hiring a Utah personal injury attorney, call today and get your free copy of the Utah Accident Book, 7 Biggest Mistakes that Can Wreck Your Accident Case at 801.506.0800. This handbook, written by Mr. Christensen offers an insightful look on what you should and shouldn't do after you've had an accident in Utah. It reveals what your rights and expectations should be when hiring legal counsel.

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Posted On: January 7, 2010

Large Trucks involved in Two Separate Utah Rollover Accidents Cause Personal Injury

Around three am on January 7, 2010, a semi-truck hauling 50,000 gallons of crude oil was involved in a single vehicle rollover right outside of Heber City on U.S. 40. The truck accident resulted in an oil spill that required the Utah High Patrol to stop westbound traffic until the Utah Health Department could send the hazardous material cleanup crew. Fortunately, nobody was injured in the trucking accident and the cleanup was completed in a couple of hours.

The second large truck accident this morning occurred on eastbound Interstate 80 when the driver of a dump truck lost control and rolled. The Deseret News reports that the driver sustained multiple injuries and was taken to a nearby hospital for treatment. Luckily, no other vehicles were involved and there were no other reported injuries. However, traffic was affected—during rush hour. Authorities are not sure why these truck drivers lost control of their vehicles and caused significant accidents on Utah roads. Investigators are looking into the possibility that the drivers were driving impaired by driver fatigue or inattentiveness. They have not ruled out whether the trucks mechanically malfunctioned.

Most people agree that they would rather have semi-truck operatives travel at night or early morning to avoid driving with the average commuters. However, some people are beginning to question whether the odd driving hours present a safety hazard. They wonder how successful long haul drivers are with coping with drowsy driving especially when traveling in the dark. Others question whether semi-truck operatives follow the speed limit during their long hauls.

National Statistics on Big Rig Accidents in Utah

Authorities report that large truck operators have several unique obstacles when driving across the country these include:

• Unfamiliarity with the roadway
• Driving too fast for conditions
• Maneuvering truck in a manner not designed for the weight or load
(which can off balance the entire truck and its load)
• Inattention
• Fatigue
• Illness
• Distraction by passengers
• Low visibility of smaller vehicles

Statistics from Fatality Analysis Reporting System (FARS) and the Motor Carrier Management Information System (MCMIS) report that an average of 5,000 large trucks are involved in fatal traffic accidents each year. Tractors pulling one semitrailer are the most common truck involved in a fatal trucking accident. MCMIS also reports that around 136,438 large trucks were involved in non-fatal crashes. From these statistics, it is obvious that motorists must be extra cautious when driving near semi-trucks and other large trucks. Even if a truck does not hit another vehicle, it can still be a lethal instrument. For instance, a trailer could jackknife across a highway, obscure other drivers’ sightlines, or push cars out of lanes.

The laws for dealing with the aftermath of truck accidents can get quite complex. Fortunately, if you’ve been injured in a truck accident around Salt Lake City, Orem, Bountiful, or Draper Utah, you can rely on the time-tested attorneys at Christensen Law Firm, PLLC. Dial us at (801) 506-0800 or contact us at UtahPersonalInjuryLawFirm.com to find out more about our unique practice and to explore setting up a free consultation with our team.

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Posted On: January 6, 2010

Utah Rollover Car Accident Leaves Kearns Women Critically Injured

A Kearns woman is in critical condition after she lost control of her vehicle on Interstate 15 near St. George early in the morning of January 4, 2010. Witnesses stated that the woman hit the median, overcorrected and drove through all lanes of traffic before rolling her vehicle. Fortunately, no other cars were hit. Utah Highway Patrol Lieutenant Shawn Hinton confirmed that the two passengers in the woman’s car, a seventeen year old and a nine year old, are in good condition. The woman; however, sustained multiple serious injuries and was airlifted to Salt Lake City for emergency medical treatment.

It is unknown why the critically injured woman was driving erratically. Witnesses did not believe drugs or alcohol was involved. My heart goes out to the injured victims and their families. We hope they each make a speedy and full recovery.

Continue reading " Utah Rollover Car Accident Leaves Kearns Women Critically Injured " »

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Posted On: January 6, 2010

Snowstorm Hits Salt Lake Valley Causing Hundreds of Car Accidents and One Fatality

On December 28, 2009, heavy snow fell over the Salt Lake Valley, making roads icy and especially dangerous. KSL reports that an astounding 208 automobile accidents resulted from the inclement weather and worsening driving conditions on that Tuesday alone on Utah roads. The Utah Highway Patrol confirmed that more than forty people were injured and that one woman was killed.

A twenty three year old woman had pulled her car to the side of the Interstate 80 in order to help the victims of a rollover accident. Utah Highway Patrol Sergeant Robert Breck, who responded to the scene, stated, "As one of the people stopped to help got out of her vehicle, another vehicle slid into the back of her vehicle, crushing her between his truck and her car." Tragically, in her courageous attempt to help another family, she was killed in a car accident. My thoughts and prayers go out to her and her family.

While it is still important to assist someone in need, there are safety precautions to take when responding to an accident or an emergency that will help to keep you safe. Following are a few emergency scene specific safety guidelines:

Enter the scene uphill/upward. This means that if you come across a motor vehicle accident, it is safer drive ahead of the accident and then pull over. This gives you an opportunity to scan the scene and look for hazardous material and any additional dangers.

Remain in the car. Stay in your vehicle until you are sure you are in a safe place. Check lanes of traffic. Assess the situation or accident from a distance before exiting your vehicle. Remember to turn on your emergency breaks to alert other drivers to slow down and even to help you.

Call 911. Calling the proper emergency authorities will ensure that medical help is on the way and the operator can give you immediate directions on what to do in your specific set of circumstances.

Remain Calm and Follow Directions. The 911 operator will assist you in how to approach the victims and accident scene. These emergency personnel have training in life saving techniques and can guide you through them if you are in a position to administer them to victims of an accident.

Wait for Law Enforcement. If you feel uncomfortable entering the scene, remain on the phone with the emergency personnel and remain where you have safely parked your vehicle. This way you can report if the situation changes.

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Posted On: January 4, 2010

2009 Utah Fatal Car Accident Statistics

Over the past several years, there has been a steady decline of fatalities on Utah roads. According to the Utah Department of Transportation, UDOT, there were 238 Utah traffic fatalities in 2009. This is down from a reported 276 fatalities in 2008 and 299 fatalities in 2007. Tragically, several hundred car accidents and three of the fatalities on Utah highways were caused by the two day snow storm that hit the Salt Lake Valley last week. While UDOT attributes this decline of car accident related deaths to increased driver education and the Utah Zero Fatalities campaign. However, authorities also stress that many of these motor vehicle accidents were preventable if drivers were more conscious of the weather conditions that affect Utah roads. This means slowing down when the road are wet or icy. Also, be sure to switch your vehicle’s tires to snow tires which are less susceptible to slipping or locking in Utah’s winter weather conditions.

Zero Fatalities reports that the major causes of Utah fatal car accidents in 2009 were:

Improper Restraint Despite the Utah Law which stipulates that Utah drivers must buckle up, many drivers continue to not wear their seat belts. Another common problem is that parents fail to properly install their child’s car seat.
Drowsy Driving Many drivers are unaware that drowsy driving is as dangerous as driving under the influence of alcohol or drugs.
Aggressive Driving It is important to drive in manner that is mindful of other drivers and pedestrians.
Distracted Driving Texting, music and talking while driving can take your attention off the road and increase your risk of being in an automobile accident.
Impaired Driving Driving under the influence of drugs and alcohol is a crime as well as a major cause of car accident deaths.

While it is good news to see the number of car accident fatalities is in decline, we think with increased diligence while driving, we can reach the initiative of Zero Fatalities in Utah.

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