Posted On: February 1, 2010 by Kenneth L. Christensen

Fatal Utah Car Accident Kills Entire Tooele County Family

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.

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