Lawsuit Filed against Farmers Insurance Company for Distracted Driving
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.
