Utah Personal Injury Law Firm Blog

Canadian Woman Killed in Utah Pedestrian verses Auto Accident On February 25, 2010, Patricia Prokopetz of Alberta, Canada, died after being hit by a car on I-15 near Willard Bay. The Salt Lake Tribune reports that Patricia Prokopetz and her husband had traveled to Utah so that Mr. Prokopetz could receive medical treatments for he aggravated diabetes. On this tragic Thursday, Patricia decided to take a photograph of Willard bay. The couple pulled over so Patricia attempted to run across the free way for a better shot. She was struck by a minivan traveling in the far left fast lane. Although Patricia was airlifted to the hospital, the injuries she sustained in this tragic Utah pedestrian verses auto accident were too great. She died from her traumatic injuries at the hospital. Fortunately, no one was hurt in the minivan. My heart goes out to the family and friends of Patricia Prokopetz. This was a tragic and preventable accident that will no doubt have lasting effects on the loved ones of the victim as well as the occupants of the minivan, who were not responsible for causing this fatal Utah Car accident. Utah Pedestrian Accident Statistics The Utah Department of Health has created a special task force called Violence & Injury Prevention Program (VIPP) to research what kind of injuries and accidents Utah resident are more susceptible to become involved in and why these types of accidents occur. By analyzing thier data and findings, VIPP creates and implements safety programs that aim to promote education, awareness and safety for the inhabitants and visitors of our lovely state of Utah. In 2004, the Salt Lake City/Ogden area was ranked as the 31st most dangerous metro area nationwide for pedestrian safety by the Surface Transportation Policy Project (STPP). This report generated great public concern and compelled Utah government officials to create safety committees specifically designated to the safety of pedestrians, children, bicyclists, motorcyclists and other groups prone to auto accidents. According to the most recent data provided by VIPP, pedestrians in Utah are just not that safe: • In Utah, on average, 40 pedestrian are killed each year • Each year, 1,055 pedestrians are struck by a car • 50% of these pedestrian verse car accidents involve persons under the age of 19 • 60% of pedestrians hit by cars are male Informative Resources • Pedestrian and Bicycle Information Center • Zero Fatalities • Heads Up Utah Campaign An Experienced Attorney Can Help You The Salt Lake City pedestrian injury attorneys at the Christensen Law Firm closely work with their clients affected by Utah accidents to help insure that they receive fair compensation for their injuries. We know the true value of your case and we understand that you should not have to bear the cost of someone’s negligence. 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 the Christensen Law Firm at 801-506-0800 to set up a FREE consultation to discuss your legal rights.

Early this Thursday morning of February 25, 2010, two teenage kids, allegedly driving under the influence of alcohol, crashed through the home of a 7 month pregnant woman and her one year old son. KLS news reports that Sgt. Ross Huff of the Murray Police Department confirmed that the car landed on the bed next to the sleeping woman. She was able to immediately exit the destroyed room to get her son and run to outside to safety.

Fortunately, the woman sustained minor injuries and her toddler were unharmed in this Utah car accident. The teenage drunk drivers also suffered minor injuries and were treated at a local hospital. Although one of the teens fled from the scene of the accident both were quickly caught by police officers. The teens are reportedly not cooperating with Murray police authorities on answering who was driving. The charges that are pending include: for driving under the influence of alcohol, hit and run with injuries, running a red light and lying to police officers.

I hope that this brave woman fully recovers from her physical injuries and her psychological trauma and that there are no long lasting injuries to the unborn child. I also pray that the toddler was not traumatized by having a car crash through his home.

How Did this Car Crash through a Murray Home?

Witnesses stated that the vehicle driven by the allegedly drunk teen sped through a red light at the intersection of 4500 South and 500 East in Murray, Utah, hit the curb which launched the vehicle into the air. The vehicle then flew 45 feet, onto a parked car and then through the house of the Murray woman. While it seems clear that alcohol was the main factor in causing this Utah hit and run motor vehicle accident, the snowy road conditions could have also played a role.

Complex Insurance Issues Apply in this Bizarre Utah Auto Accident

• Medical treatment to all injured parties
• Property damage to house and fence
• Compensation for all the personal belongings destroyed in the motor vehicle accident
• Property damage to both vehicles involved in this car accident (the car the teen was driving and the parked car that was hit)

There are several factors that influence who will be paying for the medical injuries sustained by the woman, her child and the two at-fault teen drivers. Assuming the teen has auto insurance coverage; his personal injury protection portion (PIP) will cover the initial medical bills for all those injured.

Who Pays my Property Damage?

However, the insurance complexities deepen when we discuss who will pay the property damage portion of this Utah drunk driving accident. As described above, there are clearly thousands of dollars in property damage. More than likely, this teen driver will have only purchased the bare minimum requirements for collision coverage in Utah. The insurance company will only pay up to those limits which usually leaves the victims responsible for any further damages associated with this accident.

Do I have Home Owner’s Insurance?

To receive further compensation for property damage and other costs, the victim may be able to file claims under the at-fault party and their own home insurance policies. We highly advice that the victim and her family contact an experienced Salt Lake personal injury attorney right away to discuss her legal rights and options as well as the intricacies of the insurance world that she is about to face.

Resources Available to Victims of Utah Accidents

The Christensen Law Firm, PLLC, is a premier law firm that specializes in handling these types of accident cases. Whether you have been in a Utah car accident, pedestrian accident, drunk-driving accident, motorcycle accident, bicycle accident or hit and run accident; our experienced and compassionate attorneys will make sure you are informed about your case during the entire legal process. We will ensure you receive the settlement you deserve. Call us today at 801.506.0800 for a FREE consultation with an attorney or to order a FREE copy of Ken Christensen’s guidebook “7 Biggest Mistakes That Can Wreck Your Utah Accident Case.”

Dangers of Texting While Driving on Utah Roads

On August 2, 2009, Hailey and Shawn were driving northbound on I-15 near the 2-15 Belt Route when traffic slowed down to a stop due to the construction on the freeway. A young man, who was texting while driving, failed to notice and rear-ended Hailey and Shawn. The at-fault motorist was driving 65mph on impact and totaled Hailey’s Honda Civic. Although the vehicle was equipped with air bags and our clients were wearing their seatbelts, they both hit the windshield with their heads and sustained serious injuries to their heads and faces.

Hailey was transported to the hospital for immediate treatment for her head trauma, hip contusions and neck injury. Shawn received treatment for his spinal injuries and back injuries as well as for his multiple facial lacerations from the broken glass. To this day, he still suffers from memory loss and headaches. However, Shawn considers himself lucky. There were construction workers on the road near where the accident occurred. If the at-fault driver had hit these workers while he was distractedly driving, someone could have been killed in this Utah texting and driving car accident.

Texting while driving has increasingly become a safety problem for Utah motorists and their passengers. Despite it being against Utah State Law to text and drive, reckless motorists continue to send or read texts and emails while driving which puts everyone at risk of being involved in a fatal car accident. Join with Zero Fatalities, Oprah’s No Phone Zone, and Utah Bike Coalition to put an end to texting while driving in Utah.

When Insurance Adjusters Win, Accident Victims Lose

Despite the fact that the at-fault driver was breaking the law by texting and driving, when he caused the Utah car accident, Allstate Insurance Company only offered Hailey and Shawn $2,000.00 more than their medical bills. Understandably, Hailey and Shawn were disappointed and distraught at Allstate’s settlement. The at-fault driver’s blatant negligence caused several damages to this young Utah couple including:

• over $10,000 in medical bills,
• total loss of their vehicle,
• months of treatment, and
• Shawn was laid off from his job. Due to his injuries, Shawn was not physically able to keep with his workload.

Insurance companies, like Allstate, will not offer a reasonable settlement when they realize that the accident victims are not being represented by an experienced personal injury attorney. Too often insurance adjusters are successful in manipulating innocent accident victims. Insurance adjusters are rewarded through raises and bonuses for every dollar they don’t pay out in your personal injury claim.

Statistics demonstrate that by hiring a good personal injury attorney, victims receive an average of 3x larger settlement offers from Insurance Companies than if they filed a personal injury claim on their own.

Three things NOT to do When You are Involved in a Utah Accident

• Don’t speak to the at-fault party’s insurance company adjuster before speaking with an experienced Utah car accident attorney
• Don’t give recorded statements to anyone. Despite what the insurance adjuster says, you are not required to give a recorded statement to your own insurance company or the at-fault insurance company.
• Don’t sign any documents until you have spoken to a skilled personal injury attorney.

How Do I NOT Wreck my Car Accident Case

The best way to protect yourself when you have become a victim of an automobile accident is to educate yourself.

• Educate Yourself.
Read 7 Biggest Mistakes that Can Wreck Your Utah Accident Case. This informative resource was written my founding partner of the Christensen Law Firm. Ken Christensen’s book will guide you through complex legal and insurance jargon to help you prepare for the battle ahead.
• Ask an Attorney.
Take advantage of the FREE consultation with the Christensen Law Firm, PLLC, and meet with a real attorney in a setting where you can ask all of your questions and get answers.

The annual Utah Safe Kids Fair will be held this weekend Friday February 26 through Saturday February 27 at the South Towne Expo Center in Sandy, Utah. The goal of the program is to promote healthier living habits to Utah residents and to educate parents and their children about how to enhance their personal safety. Organizers expect more than 25,000 people will attend this free family oriented event. There will be games, informational booths, live music, raffle drawings, and many prizes. KUED confirmed that 200 helmets and 50 car seats will be given away.

The event is guaranteed to be a great educational resources as many of sponsors of the Utah Safe Kids Fair are experts in the medical field, health care and safety departments including Zero Fatalities, Unified Fire Authority, Utah Safety Council, the Salt Lake Valley Health Department and Primary Children’s hospital. As Utah personal injury attorneys, we have witnessed the catastrophic consequences of Utah accidents. Tragically, many of the accidents that injure or claim the lives of our children are preventable. We urge you and your family to take part in educational safety events.

Are Utah's Children at Risk

Utah has a wonderful reputation for being a state that values family and community. The Salt Lake Valley is considered a beautiful Mecca for raising families. In fact, the US Census Bureau estimates that 36% of residents are under the age of 18. With such a large child population it is important that Utah resident teach youngsters how to stay safe.

Child Accident Statistics

Traffic Accidents
• Nearly 250,000 children are injured every year in car accidents.
• The National Highway Traffic Safety Commission found that 72% of the 3,500 randomly inspected car seats were being incorrectly used. This means that at least 72% of children are improperly restrained in their car seats.
• Child pedestrian accidents account for 30%of all fatalities involving children under the age of 15 years.
• Approximately 50 children are injured or killed every week as a result of vehicles backing up.

Accidents

• More than 200,000 children ages 14 and younger are treated at the emergency rooms each year for playground related injuries
• Around half of the injuries on playgrounds are severe including: fractures, internal injuries, concussions, dislocations and amputations.
• 60% of the 1 million reported dog bite attacks each year involve injury to a child.
• More than 130 children die every year in bicycle accidents.
• 270,000 children are injured in bicycle accidents every year.

Hiring the Right Utah Children Accident Attorney

It is very important for parents and guardians of injured children to get legal guidance as soon as possible from a personal injury lawyer that has experience with the unique Utah laws that affect children’s rights and parental responsibilities. The consequences from a Utah accident could have lifelong affects for your child. Make sure the compensation your child receives will is just and fair for your child. If your child was injured in the State of Utah, you can turn to the attorneys of the Christensen Law Firm, PLLC. We are a client –centered firm that focuses exclusively on personal injury law. Please feel free to contact us today at 801.506.0800 to discuss your accident case.

Improper Lane Change Kills Provo Man

KSL News reports that on Thursday, February 18, 2010, a motorist made an improper lane change and hit a Chevy Cavalier on I-15 near the University Avenue exit in Provo. Due to the force of impact, the Cavalier spun out of control and the driver-side door opened, throwing both the driver and his passenger out and onto the asphalt of the highway. Neither of the victims was wearing their safety belts. Both victims were transported to Utah Valley Regional Medical Center where the driver died for the injuries he sustained in the car accident. The passenger is reported to be in critical condition. The motorist of the Buick did not suffer from any injuries or receive any citations at this time. The Utah Highway Patrol is still conducting their investigation of the important factors in why this fatal car accident occurred. The names of those involved in this horrific fatal Utah car accident have not been released yet.

My deepest condolences go to the family and friends of the deceased victim. I understand that difficult times are ahead as they must cope with the sudden loss of a loved one in this tragic car accident. Our thoughts and prayers go to the victim who was a passenger in the Cavalier. We hope for a full and speedy recovery from the serious injuries sustained in this unfortunate accident.

Four Important Factors to Address

• Did the driver of the Buick signal properly before changing lanes?

• Why did the doors of the Cavalier open? There might be malfunction on the part the manufacturer of the Chevy Cavalier doors. Upon impact or collision, the doors of an automobile should not open.

• Do the driver and passenger of the Chevy Cavalier bear comparative responsibility? They were breaking the Utah Law when decided not to wear their seat belts.

• The Utah Statute to file a Wrongful Death Claim is reduced to two years from the Date of the Accident.

How to Signal Properly

Signaling when turning or changing lanes is not only a courteous action to other drivers but it substantially reduces the risk of car accident occurrences on Utah Roads. Consequently, it is the law to know how to signal properly on Utah roads.

For most of us, it’s been a long time since high school Driver’s Education classes. Do you remember how long a motorist is required to have his or her turning signal on before actually changing lanes? A healthy habit to adopt is to annually review the Utah Driver’s Handbook. You can order one from the Utah Department of Safety (UDPS) or follow the link provided to download a PDF version for free. Following is a short summary of how to signal properly from the Utah Driver Division of the UDPS:

• Turn signals must be given two seconds
-before turning
-before changing lanes
-before you pull over or pull away from a curb

• When you intend on slowing down or stopping, your brake lights must be functioning properly to signal to other drivers

• It’s the law to have emergency lights flashing when your car is disabled on the highway

Questions? An Experienced Attorney Can Help

The time to file a car accident claim is limited, which makes contacting an experienced Utah County 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. f 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 to set up a FREE consultation to discuss your legal rights.

Cell Phone Use and Distracted Driving

On October 6, 2007, Nancy Shelley and her husband Steven were driving through the intersection of 1600 North and 1200 West in Orem, Utah, when they were T-boned by a large SUV. The driver of the SUV was cited for running the red light and causing the accident. Witnesses and the Shelley family wondered what could have distracted the motorist from seeing the red light at the intersection. The wondered whether the at fault driver impaired by drugs or alcohol?

After a thorough investigation, Orem City Police reported that the at-fault driver had been talking on his cell phone when the accident occurred. The driver had been so focused on the conversation he was having that he failed to notice the traffic lights. Unfortunately, cell phone use by motorists causes inattentive driving, which has increased the number of Utah car accidents and accident fatalities by an alarming rate.

Statistics

The correlation between texting or talking on a cell phone while driving and increasing the likelihood of causing a motor vehicle accident has been confirmed by several studies. In the Highway Safety and Statistics Report released in September of 2009, the National Highway Traffic Safety Administration (NHTSA) reported that distracted driving caused by cell phone use was increasing at an overwhelming rate nationwide. Several states have attempted to curb this dangerous trend by banning texting while driving or the use of handheld cell phones by motorists. However, many studies demonstrate that any type of cell phone use—texting, talking, emailing, and even listening to conversations—is especially distracting to motorists. The alarming statistics for 2008 are as follows:

• 5,870 people died in car accidents caused by distracted driving
• 515,000 people sustained injuries in car accidents attributed to distracted driving
• 16% of all fatal crashes were due to driver distraction
• Motorists 20 and under are most likely to cause car accidents due to distracted cell phone use
• Daily, 800,000 motorists are driving while using their cell phones

Scare Tactics Used by Insurance Companies

Nancy and Steven originally thought they did not need an attorney for their Utah personal injury claim because the facts of the accident seemed clear cut. The at-fault driver, driving recklessly because he was distracted on his cell phone, ran a red light which resulted in the high impact collision with the Shelley family’s vehicle. The injuries Nancy sustained in this automobile accident were serious—a fractured arm, a fractured ankle, and injuries to her neck and back. For some time, Farmers Insurance Company gave the Shelley family the go-around. Farmers Insurance questioned Nancy’s treatment. They asked for prior medical records and other documentation. The insurance adjuster did not return phone calls. Not once did Farmers Insurance provide Nancy with an offer of settlement. Farmers Insurance Company was complying with a commonly used insurance strategy in their attempts to hold off negotiations until the Utah Statute of Limitations expire and Nancy would be left to pay for all her accrued medical bills.

What an Experienced Personal Injury Attorney Can Do for You

After reading the book 7 Biggest Mistakes that can Wreck Your Utah Accident Case, written by attorney Kenneth L. Christensen, Nancy and Steven made an appointment with The Christensen Law Firm, PLLC. A decision that the Shelley family is grateful they made. Ken Christensen has filed a lawsuit against Farmers Insurance Company for the policy limits of their insured, the at-fault driver. Nancy now has the sense of security and comfort knowing that she will receive compensation to cover the costs of her current and future medical treatment. They are also pursing compensation for Nancy’s pain and suffering, lost wages and more.

No Phone Zone Campaign

As Salt Lake personal injury attorneys, we have had the opportunity to guide victims of Utah accidents through the legal and insurance aspects of their claim. While we have been successful obtaining substantial settlements and compensation for our client’s pain, suffering and more; we cannot make up for the long term emotional consequences of being a victim of a Utah car accident or wrongful death. Accidents caused by distracted driving are preventable. We urge you to take part in Oprah Winfrey’s No Phone Zone Campaign. Imagine how much safer Utah roads would be for you and your family if all motorists put their cell phones away and focused on driving. No Phone Zone is a realistic goal that we urge you to adopt.

The snow storm that hit the Salt Lake Valley early Thursday morning made for bad driving conditions and directly affected commuters during rush hour traffic. Car accidents, unplowed roads and low visibility slowed traffic by up to a reported 45 minutes on I-15 southbound near Provo. Unfortunately, on 5400 South and State Road 111, in West Valley City, a car accident involving three cars left five people in critical condition.

What Caused this Utah Car Accident?

Around 7 am on February 11, 2010, three men in a pickup truck attempted to make a left hand turn when they crashed into an oncoming car. The pickup truck was then hit by another oncoming car. All three men in the pickup truck and woman in the car that were involved in the initial head on collision sustained critical injuries. The specifics of their injuries and the names of the victims have not been released to the public at this time. The driver of the third car also sustained injuries but has been released. Witnesses state that the low visibility may have contributed to the truck not seeing the oncoming small sedan. The Salt Lake tribune reports that citations have not yet been issued as West Valley Police Department are still conducting their investigation of what caused this Utah motor vehicle accident.

My concern and sympathy go out these car accident victims and their families as they go through this difficult time. I pray that they each make a speedy and full recovery from the injuries they sustained in this tragic Utah car accident.

How Weather Conditions Can Affect Rescue

Utah is known for its heavy snow storms that blanket the mountains and neighborhoods in the surrounding Salt Lake Valley. Last Thursday’s snow storm was no exception. Due to the severity of the storm, the life flight medical helicopters dispatched to the scene of this West Valley City car accident were unable to land. Consequently, all five seriously injured victims were had to be transported via ambulance to the emergency room at the Intermountain Medical Center. Fortunately, all victims were able to receive medical treatment in time.

Snow and Ice Car Crashes in Utah

On December 28, 2009, there were an astounding 208 motor vehicle accidents on Utah Roads alone. Roads that are covered with ice and snow often cause a loss of control and skidding of a motor vehicle. Car tires have reduced traction during these conditions. Utah residents should take the initiative to have all terrain and weather tires put on their car especially if they do not drive cars with four-wheel drive. Here are some safety tips for driving in inclement weather conditions:

• Drive with your lights on to promote visibility
• Scrape off all the snow off your vehicle. This included all windows and the top of your car. Sudden stopping with cause the snow on the top of your car to fall onto the windshield of the car behind you.
• Check your tire pressure. Low tire pressure significantly reduced the traction ability on your tires.

An Experienced Personal Injury Lawyer Can Help You

The time to file a car accident claim is limited, which makes contacting an experienced Salt Lake personal injury 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. 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.

Three Quick Tips

• Drivers and passengers that sustain injury in a car accident will each have a separate claim against the responsible party.
• Victims of Utah car accidents can file a personal injury claim against the driver of the vehicle they were a passenger when that motorist was the at-fault party.
• It’s common myth that if the driver of the vehicle was uninsured, there are no options or protections for the injured passengers.

Who Pays My Medical Bills?

According to Utah No-Fault Law, the primary insurance company for passengers who sustain personal injuries in a car accident is the insurance company of the driver/owner of the vehicle involved in the accident. This insurance company will provide the initial medical pay through Personal Injury Protection (PIP) benefits purchased by the driver. In Utah, the minimum amount of PIP coverage motorists must buy is $3,000 per person. While this amount is rarely adequate to pay all medical bills associated with treatment for victims of auto accidents, it does help. Unless the driver of the vehicle you were a passenger of did not purchase insurance, you and that individual should each have at least $3,000 for treatment costs.

Multiple Insurance Benefits May Be Available to You

What most Utah residents are unaware of is that there are several types of insurance policies and benefits that can be applied simultaneously for specific types of motor vehicle accidents that involve injured passengers. However, with all insurance policies, there is fine print that can be difficult to understand. Filing paperwork incorrectly or providing certain types of information in recorded statements can negate your right to access these benefits. We highly recommend speaking to an attorney before signing or agreeing to anything.

Also, depending on the type of accident, the passenger who was a victim of a car collision may be entitled to multiple insurance claims and settlements. Again, the legalities and issues surrounding these areas are complex and best navigated by an personal injury attorney who has significant experiences with working with numerous insurance claims at one time and extensive knowledge of Utah law.

Case Study

Mary M., one of our clients, was involved a passenger in a vehicle that was t-boned during a snowstorm a few years ago. Unfortunately, Mary sustained serious injury that required intensive surgery that required her to miss months of work. In his immediate investigation, Attorney Ken Christensen discovered that Mary qualified for benefits under four different auto insurance policies, including her own insurance coverage. By acting quickly and efficiently, Mr. Christensen successfully constructed a clear plan of how each policy would provide maximum benefits without “stacking” or breaking any state law.

With mounting medical bills and not being able to work, Mary faced debt; however, due to the ability Mr. Christensen demonstrated in collaborating insurances’ med pay, loss of services etc. the potential financial damage was thwarted. In the end, Mary received substantial settlements from each insurance company and has been able to fully recover from her injuries.

Seven Biggest Mistakes that Can Wreck Your Utah Accident Case

Attorney Ken Christensen wrote the book on how to handle the Utah Accident Case. His expertise and knowledge of Utah accident cases makes this book a valuable resource. This book corrects the many of the myths associated with insurance claims. Most importantly this book translates the complicated legal and insurance jargon into plain English, providing readers with the opportunity to better understand their case and make informed decisions. Visit us online at www.utahaccidentbooks.com or call us at 801.506.0800 to obtain your FREE copy of 7 Biggest Mistakes that Can Wreck Your Accident Case today.

Importance of Hiring an Experienced Utah Personal Injury Attorney

At The Christensen Law Firm, PLLC, we have extensive experience in representing victims of Utah auto accidents involving uninsured motorists. Being involved in a Salt Lake City car accident can result in serious injury and trauma and the financial burdens involved are very real. Our attorneys can help you in negotiations with insurance companies concerning compensation for medical and auto repair costs that you have paid. If you or a loved one has suffered such an injury, you may 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.

National and Statewide Statistics

Statistics provided from the Utah Department of Health and the Violence and Injury Prevention Program demonstrate that:

• 85% of children ride in seats that are not properly secured or that are not appropriate for their age and size.
• In the US, 2/3 of child fatalities in car accidents are due to improper safety seats.
• Each year, more than 500 children are hospitalized for traumatic injuries in Utah
• Every hour a child is resulted to an emergency room after being injured in a car crash

Utah Child Safety Seat Laws

The medical community and public are overwhelmingly expressing their disappointment that in this 2010 Utah Legislative Session, the House Panel is in favor of implementing House Bill 113 which would lighten up the current Child Safety Seat Law. The Salt Lake Tribune reports that representatives from Primary Children’s Medical Center, the American Academy of Pediatrics and the National Child Passenger Safety Board were frustrated with the proposed changes in the bill because they aren’t addressing child safety but rather legalizing unsafe child safety measures. Dr. Charles Pruitt, medical director of Primary Children’s hospital in Salt Lake stated, “I am, frankly, angry, sick and tired of seeing dead children come into my emergency room because they were not restrained properly.”

Proponents of HB113 argue that the way parents protect their children is a freedom and a state right—not a decision to be put in the hands of the government. Mr. Herrod, Representative from Provo stated, “ I get frustrated with do-gooders that try to tell parents what to do. If they’re out to protect kids, they should go after alcohol.” Advocates of Children Safety groups and who oppose HB 113 argue that just as Utah has a statewide seatbelt law and a basic helmet law, it is a lifesaving practice to require parents to properly restrain their children car seats and booster seats. These advocates argue that children are too young to make the decision to stay safe and not all parents will keep their children safe. Also, emergency room visits and injuries cost the state millions in dollars—injuries that could very well be prevented if the child was properly restrained.

What is HB 113

House Bill 113 would repeal the mandatory booster or safety seat for 5-8 year olds and allow these children to be restrained by a normal seat belt if:

• The available safety seats are occupied.
• The vehicle travels no farther than four miles from the child’s residence. A few examples of these types of short trips would be transportation to school, church or grocery store outings.
• The street on which the child is traveling on does not have a speed limit in excess of 45 mph.

Child Fatalities in Utah Car Crashes

As an experienced Salt Lake personal injury attorney, I have been most fortunate to help many victims of Utah car accidents successfully obtain a fair and just settlement for their injuries, pain and suffering that was caused by another’s negligence. It is difficult to see so many children who have sustained traumatic injuries due to not being properly restrained in a car seat. Many of these injuries and child fatalities could have been prevented if the child had been in a car seat or booster seat. My clients are often times surprised to learn that motor vehicle crashes are the single largest threat to the lives of Utah Children. According to the Utah Department of Health, each year, more children are killed in Utah car accidents than cancer, homicide, suicide, heart disease, pneumonia and diabetes combined.

Hiring a Personal Injury Attorney who is Experienced with Children’s Accidents

Auto and bike related accidents involving children are all too common. Drunk, fatigued, over extended, angry, and distracted drivers can potentially cause serious harm to your child. When your child is not properly restrained in a car seat or booster seat, who is responsible for your child’s injuries becomes convoluted and insurance companies will try to use comparative responsibility to negate the amount they have to pay victims. Dealing with insurance companies can be quite frustrating.

This is why it’s very important for parents and guardians of injured children to get legal guidance ASAP from experienced professionals. If your child was injured in the State of Utah, you can turn to the battle-proven team here at the Christensen Law Firm, PLLC. We are a client-centered firm that focuses exclusively on personal injury law. Please look over our materials at UtahPersonalInjuryLawFirm.com or call us today at (801) 506-0800 to discuss your childhood accident case.

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

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

Pedestrians are more likely to be Critically Injured in an Accident

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

Pedestrian Accident Statistics

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

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

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

Liability Issues Involved

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

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

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

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

West Valley Police Officers Overwhelmingly At-Fault in Car Accidents

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

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

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

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

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

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

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

WVC Fire Department Takes Action to Curb Accidents

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

Case Summary

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

Insurance Company Lets At-Fault Party off the Hook

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

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

Would An Insurance Company Victimize their Own Insured?

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

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

Number One Misconception in Utah Car Accident Cases:

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

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

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

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

Summary

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

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

Statistics on Left Hand Turn Accidents

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

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

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

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

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

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

How did this car accident occur?

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

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

Icy Canyon becomes Death Trap

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

Contacting an Experienced Utah Personal Injury Lawyer

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

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

Fatal Car Wreck

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

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

Utah Seat Belt Laws

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

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

National Statistics

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

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

What are your legal rights and options?

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

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