Utah Personal Injury Law Firm Blog

“Prescription drug misuse and abuse is now competing with street drugs. It is the fourth highest rate of use behind alcohol, methamphetamine, and marijuana use,” Salt Lake Police Chief Chris Burbank told Deseret News reporters on April 28, 2010.

"Drugged Driving" Causing Car Accidents

On April 24, 2010, my clients, Marcy and her husband, Steve, were driving home on Interstate-15 near Sandy when they were involved in a rear-end car accident caused by a woman traveling at speeds over 80 mph! The at-fault driver was obviously impaired as she attempted to flee the scene. Fortunately, several other motorists who had witnessed the accident were successful in detaining her until the Utah Highway Patrol officers arrived. The 23-year-old woman admitted to taking prescription drugs that she was not prescribed as well as excessively drinking at a party she had just left. This woman was arrested for a DUI, DWI and she was cited for following to close.

Marcy and Steve were taken via ambulance to a local hospital. Marcy sustained serious neck and spinal injuries. She is currently treating for this pain and for continued tingling and numbness in her fingers tips. In addition to his spinal injury, Steve, who was the front seat passenger, sustained several facial lacerations from the glass of the broken windshield. With therapy and continued treatment, I am happy to report that this young couple will recover fully from the injuries they sustained in this drunk and drugged driving accident. This accident could have been much worse—especially with the excessive speeding factor.

Drugged Driving on the Rise in Utah

In a 2006 study conducted by the U.S. Department of Health and Human Services showed that Utah has the highest rate in the country for nonmedical use of prescription pain relievers.

Prescription drug deaths are the leading cause of injury deaths in the state of Utah. When someone who has abused this medication or consumed a prescribed dosage that is too much for their body to handle, gets behind the wheel of a vehicle, this individual suddenly becomes a serious hazard to other commuters and themselves. The level of impairment varies with the drug amount and type, but a “drugged driver” commonly displays the following symptoms:

• Reduced reaction time and brain control
• Delayed body movement
• Limited control of balance, coordination, memory, judgment and sensation
• Reduced attentiveness, perception of time and speed

Driving under the influence of drugs is an unspoken danger on Utah roads. Until their tragic accident, my clients had no idea that “drugged driving” is a substantial problem. Another common misconception is that DUIs are limited to illegal drug use. However, it is prescription drug abuse and problems with the actual amounts prescribed by medical doctors are on the rise in Utah. 10.2 million Americans admitted to driving when impaired by drugs in a survey conducted by the National Survey on Drug Use and Health. This number includes both those who abuse prescription drugs, those take the prescribed dosages correctly but find that they are impaired while driving and those who use illicit drugs. This number also reflects individuals who consciously choose to get behind the wheel when they know they are impaired and unfit for the responsibility of driving. The risk of causing a car accident with injuries or even fatalities is increased substantially. This is a preventable crisis that clearly needs to be eliminated; unfortunately, it currently is a rising problem in Utah.

Utah Statistics on Prescription Drug Abuse

• Since 2000, Utah had a 400% increase in prescription drug deaths.
• In 2008, 277 Utahns died of non illicit drug overdoses.
• In 2009, 310 Utahns died of non-illicit drug overdoses.

How to Hire the Best Auto Accident Attorney for Your Needs

If you have been seriously injured in an accident caused by a drunk driver or by a drugged driver, you will need the experience and skill of the best Utah personal injury and auto accident attorneys. The personal injury lawyers of the Christensen Law Firm, PLLC, will work aggressively to ensure that your legal rights are protected and that you receive the best possible settlement for your specific case. By taking legal action you also ensure that the wrongdoer is punished so that future DUI accidents may be avoided.

To schedule a FREE no obligation consultation with one of our highly skilled Utah persona injury and auto accident attorneys, contact Cara by calling 801.0800.

On Tuesday April 20, 2010, a Salt Lake woman was cited for crashing into another car and a city fire hydrant near 2250 South and 500 East. The far right lane of the road was shut down for a couple hours after this Utah car accident due to the foot of water expelled from the fire hydrant, making driving conditions unsafe. for Utah motorists

Another Case of Distracted Driving: Children and Car Accidents

According to Salt Lake Police Department, the woman turned around to talk to her children who were sitting in the backseat. When she returned her focus to the road, the woman saw a cat in the road. She swerved to miss the cat, and hit another car before she collided with a fire hydrant. While no injuries have been reported there are thousands of dollars in property damage to the vehicles and the city.

National Safety Facts for the Road

Fortunately nobody was hurt in the above mention motor vehicle accident. Children can indeed be a major cause of driver distraction. According to the National Safety Council (NCS), driver distraction is a major contributing cause of 80% of motor collisions and of 65% of near crashes. NCS also reports that looking at another object (such as a child) on than the road increases your likelihood of being involved in a motor vehicle accident by 3.7 times. Cell phone use, whether it is talking or texting, is the most common distraction for drivers.

Fatal Texting and Driving Accidents in Utah

During my career as a Utah auto accident attorney, I have had the opportunity to assist several Utah victims of accidents caused by “texting” motorists through the legal process of a personal injury claim. Unfortunately, the problem of “texting and driving” is worsening despite laws banning texting in Utah. In fact, in a statewide survey of Utah high school students, 51% admitted to regularly texting and driving. Driving safely requires giving your full attention to the road. It is indeed a challenge to balance driving with all the distractions of passengers, music, news, work, and other pressures of life. However, texting and driving and other types of driver distractions cause Utah motor vehicle accidents that result in serious injuries and even death.

Case Study:

According to Zero Fatalities, 29 Utah teenagers died on Utah roads in 2008 alone. 18 year-old Xander Jordan of Draper, Utah, died in a car accident in 2008. Jordan was texting on his phone just before he lost control of his Ford Mustang which caused the fatal car accident.

If you or someone you know has been injured in an accident caused by someone who was texting or talking on their cell phones, it is wise to contact a skilled Utah personal injury lawyer. An experienced Utah accident and personal injury attorney will request several time sensitive pieces of evidence that are vital to proving liability. The attorneys of the Christensen Law Firm specialize in these types of cases and will aggressively pursue all avenues to ensure that your legal rights are upheld. You can contact us at 801.506.0800 to schedule a FREE no obligation consultation with an experienced accident lawyer.

“Drunk driving-related car accidents make up more than 24% of all auto accidents in Utah each year”

Reality Check: DUI Consequences for Both the Driver and the Victim

Driving under the influence of drugs or alcohol is a very serious criminal offense that is not taken lightly in Utah courts. Being arrested for a DUI is just the beginning of a long process of reparations. For example, after being arrested for a DUI, former Senate majority leader Sheldon Killpack had his driver’s license revoked by the DMV for 18 months, he will have a breathalyzer installed in his vehicle for 3 years after his license is reinstated and he may be an alcohol restricted driver for 5 years. This means he is restricted from driving after consuming any alcohol. Period.

However, these consequences of driving under the influence of alcohol are much less significant than the injuries and even deaths that result after car accidents caused by drunk drivers.

Case Study: The Tragic Death of a 25-year-old Utah Man

The tragic death of Michael Peterson of Sandy, Utah, is a reminder of the permanent and horrific consequences of drunk driving. On March 23, 2010, Michael Peterson and his friend, Jeremy Kemple, were driving home from celebrating Mr. Peterson’s 25th Birthday, when a drunk driver hit them. Michael Peterson was killed instantly. Jeremy Kemple sustained catastrophic internal injuries that will have long term effects on his life. In fact, a month later, and Mr. Kemple is still in the hospital. The lives of the victims and their family members and loved ones have forever been altered due to the reckless behavior of a 26-year-old motorist. We extend our deepest sympathies all those who have suffered in this tragic traffic accident.

Sobering Facts: Utah Drunk Driving Statistics

The National Highway Traffic Safety Administration reported in their 2007 Fatality Analysis for Utah that:

• 7,204 people were arrested in Utah for drunk driving
• 56 people were killed in drunk driving accidents

It is an act of negligence for drivers, who have been drinking, to choose to get behind the wheel of a vehicle and drive. These individuals choose to put not only themselves but other drivers and innocent bystanders on the road in great danger. The experienced auto accident attorneys of the Christensen Law Firm will aggressively work to ensure that victims receive fair and just compensation for the injuries they have sustained in drunk driving related car accidents.

You can contact us at 801.506.0800 to schedule a FREE no obligation consultation with one of our skilled Utah auto accident and personal injury lawyers.

Breed Specific Legislation (BSL) is a controversial but increasingly popular type of legislation that is currently being introduced into several U.S. cities and abroad. BSL laws implements regulations or bans specific to dog breeds. For example, in cities such as San Francisco, Chicago, Denver, Miami and Boston, owners of Pit Bull Terriers are required to have these dogs neutered, on a leash, and wearing a muzzle whenever they are outside. Several countries even ban Pit Bull Terriers as pets completely. After a jogger was killed by two Pit Bull dogs in Colorado in 2003, Denver has attempted to join in banning Pit Bulls and enforcing dog owners to get rid of these dogs.

However, there are many dog owners that feel their Pit Bull Terriers are non-violent family pets. They argue that Pit Bulls are undeserving of their bad reputation and that the dog owners of the violent dogs are to blame. The American Veterinarian Medical Associate agrees that any dog, regardless of breed, will become dangerous and even violent if they are poorly trained, neglected or abused.

Pit Bull Attack Case Studies

The reasoning behind passing legislation that regulates or bans pit bull terriers is due to the statistics and scientific evidence that this breed of dog is inclined to be more aggressive and violent. Dr. Beck of Purdue University confirms that Pit Bulls are genetically more dangerous—they are bred to be fighting dogs; they have more muscle and a more powerful and destructive jaw.

• April 2010- 5-year-old Saleena Wickward of Hurricane, Utah, mauled by neighbors Pit Bull. It took over 900 stitches, a metal plate and 6 ½ hours of surgery to put her face back together.
• 2005- 12-year-old, Ebony Stanely of Colorado, attacked by a Pit Bull. It took 5 bullets fired by police officers to get the dog off the child. She almost lost her arm.
• 2003-48-year-old, Anna Cieslewicz, a marathon runner who was jogging in Dan Ryan Woods, was killed by 2 Pit Bull Terriers.

Sobering Statistics

In Chicago for example, pit bull terriers account for only 10% of the total registered dogs yet they are responsible for over 30% of the reported dog bites. In a study conducted by Merrit Clifton, dog bite occurrences from 1982 through 2006 demonstrated that Pit Bull dogs, Presa Canarios, and Rottweilers were responsible for 74% of dog attacks and 68% of dog attacks on children. In the twenty-four year period, Pit Bull Terriers were responsible for twice as many dog bite attacks than any other dog breed. To read further about this study, dog bite statistics and how Utah Law relates to dog bites, order a FREE copy of The Utah Dog Bite & Attack Handbook today.

Are You a Victim of Dog Bite Attack?

If you have been injured in a Utah dog bite accident, you probably have many questions regarding how to proceed. You may be wondering who is responsible for your medical bills. How do you make sure the dog owners are held responsible? What legal options do you have? Attorney Ken Christensen’s book, The Utah Dog Bite & Attack Handbook answers these questions and provides more information that will help you through this difficult process. Mr. Christensen, of the Christensen Law Firm, is an experienced dog bite and Utah accident lawyer. To schedule a FREE no obligation consultation with him to discuss your dog bite accident, you may contact us at 801.506.0800.

Utah Highway Patrol (UHP) confirmed that 46- year- old Troy Palmer of Herriman, Utah, was killed yesterday afternoon in a single rollover accident on Interstate 215.

What Caused this Fatal Rollover Car Accident?

The UHP are still investigating the fatal rollover accident that occurred around noon on April 20, 2010. The late Troy Palmer was driving a Chevrolet Tahoe through the entrance of the on ramp leading to westbound I-80 from northbound I-215 when his vehicle veered off the right shoulder and rolled at least one time. The three passengers of the SUV were wearing their seatbelts and sustained only minor injuries. The man and two women were taken to Intermountain Medical Center via ambulance for medical treatment. UHP spokesman Cameron Roden told Salt Lake Tribune reporters that he did not think Troy Palmer was wearing a seatbelt at the time of the accident.

Could this Tragic Accident have been Avoided?

While the cause of this horrific fatal car accident has yet to be determined; it is clear that seat belts saved the lives of the passengers of the SUV. It makes this tragic accident even more heartbreaking when we learn that the late victim was not wearing his seat belt.

Seat Belt Statistics

The following statistics were compiled by the Utah Department of Health and the Violence & Injury Prevention Program:
• Unbelted occupants are 20 times more likely to die than those who wear their seatbelts in a car accident
• Seatbelts reduce the risk of fatal injury to front seat passengers or drivers by 45%
• In a study of 13,197 Utah teens, overall seatbelt use was 67%

Protect Yourself: Talk to an Experienced Personal Injury Lawyer Before you Sign Anything

The exact cause of this tragic rollover accident has yet to be determined. However, insurance companies are not going to wait for the final police report to evaluate this claim. A tactic that insurance companies commonly use is to immediately pressure Utah accident victims to sign paperwork, make decisions, and give recorded statements. Overwhelmed by the recent accident, many Utah residents follow the insurance adjustor’s advice only to find out later that these rash decisions severely hurt their personal injury case.

In order to avoid making decisions that can hurt your accident case, you can contact the Christensen Law Firm and schedule a FREE no obligation consultation with an experienced Utah personal injury attorney. Learn about the legal rights and benefits that are available to you by calling us at 801.506.0800.

On April 14, 2010, five girls, ranging in age from 5 to 9 years old, were seriously injured in a single ATV crash. The girls were riding on a private ranch in a rural residential community 40 miles West of Cedar City. Police are investigating into negligence charges against the guardians of the children, the owner of the private ranch, and the owner of the all-terrain vehicle.

What Caused this Tragic ATV Accident?

Iron County Sheriff Mark Gower stated that a 9-year-old was driving the Yamaha Rhino ATV with four other young girls as passengers. None of the young children were wearing helmets or were wearing the available safety belts. The group was traveling at excessive speeds when they hit a tree. 5-year-old, Avalon Carlisle was thrown off the ATV and sustained serious head trauma when she hit the roll bar. She was flown by Life Flight to Primary Children’s Medical Center in Salt Lake City. The other three victims suffered minor injuries.

Who is Responsible for the Children?
There are several major liability issues to be addressed according to the Iron County Sheriff’s office.
• Children too young do be driving an ATV unsupervised
• Too many passengers for a 9-year-old driver
• None of the girls were wearing the required safety helmets or seat belts
• Delayed medical treatment

Liability Still Under Investigation

A major problem in this accident, according to Officer Gower, is that the parents of the injured girls had initially taken the girls to private homes instead of seeking the much needed medical treatment. All five girls were eventually taken to Valley View Medical Center in Cedar City after deputies tracked them down. Medical doctors then had Life Flight transport Avalon Carlisle to Primary Children’s and they admitted another child into the Valley View Medical Center. The other three girls were treated for their injuries at Valley View and are back home.

Iron County Police Department is adamant the young girls should not have been riding on their own. Sheriff Gower stated in a Salt Lake Tribune interview, “It was negligent and charges could be filed against whoever allowed them to continue riding.”

Learn Utah ATV Laws Before You Ride• Children ages 8-15 can only operate an ATV on public lands after completing the Know Before You Can Go safety course
• ATV operators 16 years of age and older must have a valid driver license
• ATV operators under the age of 18 are required to wear helmets
To learn more about Utah law regarding ATV accidents and to complete the safety course click on the following links:

• Utah State Parks
• Utah Accident Books

If you or a family member has been injured in an ATV accident caused by the negligent decisions of another, you are well advised to contact a skilled Utah personal injury attorney. Bodily injury claims quickly become overwhelming with pressure from insurance companies, mounting medical bills and Under Utah ATV laws, passengers of ATV accidents are able to make personal injury claims in accidents such as the tragic ATV accident that occurred last Wednesday in Cedar City.

Contact the Christensen Law Firm at 801.506.0800 to schedule a FREE no obligation consultation with an experienced Utah ATV accident and personal injury attorney. Learn about your legal rights and protections before you make any decisions.

Tragedy stuck a young Utah couple around 9:30 p.m. on Saturday, April 17, 2010. 33-year-old Steven Sabatini was driving his motorcycle on East Ridge Drive in St. George Utah when he lost control and crashed into a parked truck. Mr. Steven Sabatini sustained massive head injuries and pronounced dead at Dixie Regional Medical Center. 24 -year-old Yvonne Sabatini, Steven’s wife and passenger, sustained serious head trauma and serious internal injuries in the accident. Mrs. Sabatini was transported via Life Flight to Salt Lake City for further medical treatment. Dixie News confirmed that she is currently listed in critical condition.

My deepest condolences go out to the families of the late Steven Sabatini and his seriously injured wife Yvonne. I pray that Yvonne will have a full and quick recovery from the massive injuries she sustained in this Utah motorcycle accident. The couple had been married for only a month. Neighbors stated the Sabatini’s had just purchased the motorcycle.

What Caused this Tragic Accident?

Authorities believe excessive speed and alcohol consumption were the main contributing factors of this horrific motorcycle accident that claimed the life of Steven Sabatini. St. George Police Department confirmed that motorcycle was recently purchased and had not been registered yet. Neither Steven nor Yvonne was wearing protective gear or helmets. However, the investigation is ongoing into what caused this tragic Utah accident.

Interesting Motorcycle Accident Statistics

• ½ of all motorcycle accident fatalities are alcohol related
• Weather is only a factor in 2% of fatal motorcycle accidents
• In single vehicle accidents, the main cause of the accident is the motorcyclist braking too abruptly which results in a slide out.

Utah Accident Books

Attorney Ken Christensen of the Christensen Law Firm, a premier Utah personal injury law firm, specializes in representing the victims of motorcycle accidents. He has written several Utah accidents books to educate Utah residents of their legal rights and benefits if they have been injured. More importantly, these guidebooks educate the public on how to protect themselves after they haven victim to a Utah accident caused by the negligence of another.

To order your FREE copy of a Utah accident book, including the critically acclaimed “7 Biggest Mistakes that Can Wreck Your Utah Accident Case” contact us at 801.506.0800 or follow the link at www.utahaccidentbooks.com.

During the past month, there has been substantial increase in the number of clients who have come into my office after their own auto insurance company required them to have an Independent Medical Examination (IME). In each case, the medical doctor authorized that insurance benefits to be suspended. This made the client financially responsible for their medical treatment. Despite the fact that the clients’ own medical physicians prescribed them the medical treatments, due to the IME, their own insurance company was able to basically cut them off from receiving the medical insurance benefits needed to pay for the treatment. Surprised and angered that they were so easily taken advantage of by their own insurance companies, these Utah accident victims came to the Christensen Law Firm for help.

These victims of Utah accidents followed their insurance adjustor’s advice to get the IME because it was their own insurance company. They were paying monthly premiums for auto protection for accidents like this, right? Wrong. Unfortunately, this is a common misperception that many Utah accident victims fall for.
“Even if you pay your premiums and have purchased a good insurance policy in the effort to protect you and your family in the case of an emergency, the insurance company’s bottom line is all that they care about,” states Attorney Ken Christensen, author of The 7 Biggest Mistakes that Can Wreck Your Utah Accident Case.

Three Reasons to AVOID an IME

1. Understand the Real Purpose behind an IME

All Insurance companies are for-profit-companies. Every dollar an insurance company saves from spending on your medical treatment is a dollar they make. In fact, insurance adjusters are rewarded with bonuses for this. In their efforts to make more profit, your insurance adjuster will try everything to get you to stop treating and to accept the lowest settlement offer possible. An IME is one of the most damaging tactics used by insurance companies. Remember; never trust your own insurance company interests over your own.

2. Why IME’s are Never Beneficial

Have you ever wondered why your own doctor doesn’t conduct the IME? The insurance company claim an “independent source” should conduct the exam; however, it is the same insurance company who employ the medical doctors that perform the Independent Medical Examination. This means that the insurance company both chooses who the IME doctor is and pays the doctor’s fees. In other words, these medical doctors are paid to find results that are approved by the insurance company. The insurance company is not going to hire a doctor that isn’t going to make them money. In fact, they have a group of doctors that always conduct these IME tests.

Additionally, if your accident case goes to trial, the defense council will require an IME. If you have already had an unfavorable IME performed by your insurance company, you have highly risked the outcome of your personal injury claim. You will now have two IMEs that state your medical treatment was unwarranted.

3. Speak to an Experienced Personal Injury Attorney ASAP

If any insurance company requests that you have an IME conducted, you should contact an experienced Utah personal injury attorney right away. Firstly, a reputable personal injury lawyer is able to set up attorney liens with medical professionals so you don’t have to pay for your medical treatment out of pocket. With an attorney’s lien, your medical doctors will agree to wait for payment until your case is settled. Your health and recovery should remain the priority. A skilled Utah personal injury attorney will ensure your rights and livelihood are protected even if your own insurance company won’t.

If you or a family member has been injured in a Utah accident that was caused by the negligent actions of another, you can contact the skilled Utah personal injury attorney’s of the Christensen Law Firm for a FREE no obligation consultation to discuss your legal rights and options. We understand the complexities of the insurance world and how to navigate successfully through them so you and your loved ones receive the settlement you deserve. Contact us today at 801. 506.0800.

A Riverton woman was killed in a three-car accident on Interstate 15 near the 9000 South exit in Sandy around 7:45 pm on Monday, April 12, 2010. Carolina Coss, 37, a passenger in the Chevrolet Cavalier driven by her husband, was traveling at freeway speeds northbound on I-15 when they lost control of their vehicle. Carolina Cross was not wearing her seatbelt and was ejected from the vehicle. Utah Highway Patrol spokesman Cameron Roden confirmed that Carolina Cross died at the scene from the injuries she sustained in this multiple car crash.

What Caused the Fatal Car Accident?

Utah Highway Patrol confirmed in an interview with the KSL News, that the fatal car accident occurred due to a combination of heavy rains and the high speed that the Coss’ vehicle was traveling at. Sgt Anthony Carrubba of the Utah Highway Patrol stated, “In these conditions it only takes 65 to 70 miles per hour. If you hit a wet patch, you can very easily lose control like this driver did.” Mr. Coss lost control of his car and veered to the far right lane from the far left lane, striking two cars before coming to a complete stop at the right side barrier. It took emergency crews over two hours to clean up the debris from the wreckage and restore traffic flow through the area. Fortunately, the occupants of the small sedan and pickup truck that were hit by the Coss vehicle were not hurt in this tragic fatal Utah car accident.

My heart goes out to the husband and family members of Carolina Coss for their tragic and sudden loss. Please keep this family in your prayers as they go through this difficult time of losing someone they love such a violent manner.

Beware: Weather as a Contributing Factor to Utah Car Accidents

As personal injury and auto accident attorney that has practiced in Salt Lake Valley for years, it still surprises me that so many Utah residents don’t know how to drive appropriately for Utah weather. Albeit Utah is in the desert, this gorgeous state is still vulnerable to a variety of weather conditions including sudden heavy snowstorms or rain storms like we have had in the past couple days. Nasty weather makes roads slick, visibility is lessened and everyone becomes more vulnerable to being involved in a Utah car accident. As motorists, we have the responsibility to slow down and maintain extra distance between the vehicles in front and to the side of our vehicle. Safety should be the number one priority when we are out on the road. Teaching your kids how to drive in snow conditions is imperative. Taking control when the driving conditions are out of your control is essential to defensive driving.

Hiring an Experienced Utah Personal Injury Lawyer

If you or a loved one has been injured or killed due to the negligent behavior of someone else, the skilled personal injury and auto accident attorneys of the Christensen Law Firm can help you navigate through the difficult legal process and complex insurance world to ensure you and your family’s interests are respected. You can contact our office at (801) 506-0800 to schedule a FREE no obligation consultation to discuss your legal rights and options.

On the morning of Wednesday, April 7, 2010, a semi truck rear-ended a Box Elder County school bus causing injuries to three children. The Salt Lake Tribune reported that the semi truck accident occurred at a stop sign at 2800 West and State Road 13 in Corinne, Utah. There were 21 Elementary school children, with ages ranging from 8-11, on the school bus. Emergency crews responded to the Utah semi truck accident and examined the injured children who were released to their parents. A second school bus picked up the remaining children and took them to school. Box Elder County Chief Deputy Sheriff Kevin Potter confirmed that the driver of the semi truck was cited for following too closely.

Driving Safely Around Trucks

• Truckers use their four-way flashing lights to notify motorists that they are driving slowly.
• If you can’t see the truck driver in his mirrors then he cannot see you.
• Keeping your headlights on, even during the day, increases your visibility with semi trucks.

Facts about Semi Trucks
A typical semi-truck is around 75 feet long, eight feet wide and 13 feet high. Semi trucks can weigh up to 40 tons. Due to their massive size and weight, semi trucks take much longer to stop than cars. They have a relatively high center of gravity which makes them vulnerable to rolling over as well. In emergency situations where a collision seems unavoidable, operators of semi trucks may try to maneuver to the right or left because they are unable to break in time. However, swerving into other lanes is a form of reckless driving behavior. It increases the likelihood of causing a multiple car crashes, rolling the heavy semi truck and causing significant physical damage to the Utah roads.

A Simple Safety Measure Truckers Need to Adopt Now

From our experience as skilled personal injury attorneys, we highly advocate a safe driving measure that will reduce the need for truck drivers to swerve into other lanes of traffic. Always ensure that there is enough emergency breaking space between the vehicles in front of your truck. This simple safety measure can eliminate the most common type of Utah car accidents- rear end accidents. It will also save lives, physical injuries and costs of other damages. We urge truck drivers to slow down and share Utah roads properly by allowing enough space between their semis and other motorists. Bottom line, a school bus stopped at a stop sign should never be rear ended by a large semi truck.

An Experienced Utah Semi Truck Accident Attorney

If you or a loved one has been seriously injured in an accident with a truck in Utah, you need the assistance of an experienced Utah semi truck accident and personal injury attorney. The vast majority of semi truck accidents consist of working with multiple national insurance companies. This complex process often times becomes confusing and overwhelming. The attorneys of the Christensen Law Firm have years of experience dealing successfully with these claims and assisting Utah residents that have become victims of Semi Truck verses car accidents. Contact us today to set up a FREE no obligation consultation to discuss your legal rights and options.

Karen Gummow, 71, and Ila Jean Moore, 74, died on March 10, 2010 when they were involved in a Utah car accident with Utah Highway Patrol Trooper Lars Gardener. Trooper Gardener was responding to a series of car crashes that occurred outside of Cedar City on Interstate 15. Twenty vehicles were involved in the earlier multiple car crash that resulted in the death of 25-year-old Salt Lake woman Kristen Taylor.
How did this Fatal Utah Car Accident Occur?

Witnesses state that the trooper was speeding over the 40 mph maximum speed limit on River Road in St. George, Utah when the Buick carrying the two elderly sisters turned in front of him. The Utah Highway Patrol acknowledges that public safety is the main concern; however, due to the multiple car crash, the trooper’s speed is justified. Whether the trooper had his flashing lights or sirens on has yet to be confirmed. Trooper Gardener was placed on administrative leave during the investigation into the fatal accident. KSL News reports that Gardener will not face and charges and that the trooper has returned to work as of March 30, 2010.

Innocent Victims Killed During Police Pursuits

In the Spring 2010 edition, Injury Board National Safety Magazine published a special report on the problem of vehicular police pursuits that result in innocent bystanders being killed. From data compiled by the National Highway Traffic Safety Administration (NHTSA), government officials estimate that since 1982 more than 4,500 innocent bystanders were killed in car accidents with police officers who were responding to an emergency. Due to the lack of accountability within the judicial system, Injury Board Magazine estimates the correct number to be closer to 10,000 accidental fatalities of innocent bystanders PursuitSAFETY is a non-profit organization, estimates that vehicular police pursuits kill 3 innocent people per week across the country.

Do You Aware of Limited Options according to Utah Law

Most Utah residents are unaware of the Utah Statute of Limitations that is placed on the right of accident victims to file a personal injury claim in the State of Utah. For example, if you are injured or have lost a loved one in car accident with a government entity, your legal right to file a personal injury claim is reduced to one year after the date of the accident. Utah law has many statutes like this that will affect your Utah accident case. If you miss these legal deadlines, you cannot bring any legal action against the wrongdoer nor will you or your family receive compensation. Tragically, many people do lose this opportunity to obtain justice. To ensure that the rights of you and your family are preserved and that you receive a fair settlement, it is wise to contact the experienced Utah accident and personal injury attorneys of the Christensen Law Firm.

We understand how difficult it is to become a victim of a Utah accident. In order to provide you with accurate information regarding you rights, we offer a FREE no obligation consultation with an attorney. Together, you will go over the intricacies for your case. You can contact us at 801.506.0800 to schedule your appointment.

According to the Utah Department of Health, during the summer months of May through August, more Utah children and young adults are hospitalized for ATV injures that were hospitalized for all other forms of intentional injuries (assault, gunshot, stabbing etc.) combined.

As Easter Sunday approaches, we look forward to getting together with friends and family to relish the Spring weather and to take a much needed break from the pressures of school and work. Due to the beautiful and diverse landscape of Utah, the use of all-terrain-vehicles (ATV) and off-highway-vehicles (OHV) is quite popular for Utah residents and tourists. Remember that this high adrenaline sport can be dangerous; however, there are precautions to take that can keep you and your loved ones protected. The skilled Utah personal injury attorneys of the Christensen Law Firm wish you a fun and safe holiday!

Case Study: Teen Injured in ATV Accident

In September 2008, Morgan Olsen was a passenger riding on the back of an ATV when she sustained major injuries after being involved in a Utah ATV accident. Because she was not wearing a helmet, Morgan sustained severe traumatic brain trauma. After being in a coma for a month, Morgan Olsen woke up to find that most of the motor skills controlled by the right side of her brain were obsolete. Over the past two years, Morgan Olsen has been participating in rehabilitation where she is basically relearning all the daily activities we take for granted such as: how to talk, eat, blink, walk and more. Megan currently advocates helmet use for all ATV riders and their passengers.

Did You Know You Can Prevent Traumatic Brain Injuries?

In an interview with KSL News, Christine Lutz, a nurse practitioner who works with Morgan Olsen at Heath South Rehabilitation Center, told KSL news reporters that her facility treats many young people who wouldn’t need rehab if they had worn a helmet when riding their ATV, bicycle or motorcycle. “We think we’re invincible when are young but we are not. Chronic disabilities are in their future and they will struggle [with the disabilities] for the rest of their lives. I really do believe if [Megan Olsen] had a helmet on she would not be in this condition.”

Only 29% of injured persons under the age of 18 were wearing helmets when they were involved in a Utah ATV/OHV accident- Utah Department of Health

What You Should Know about Utah State Laws

Utah OHV Helmet Laws (41-22-10.8)
Protective headgear requirements - Owner duty - Penalty for violation

1. A person under the age of 18 may not operate or ride on all-terrain type I vehicles, snowmobiles, or motorcycles on public land unless the person is wearing a properly fitted and fastened, United States Department of Transportation safety-rated protective headgear designed for motorized vehicle use.

2. The owner of an off-highway vehicle or any other person may not give permission to a person who is under 18 years of age to operate or ride on an off-highway vehicle in violation of this section.

3. An operator and passengers of off-highway implements of husbandry operated in the manner prescribed by Subsections 41-22-5.5(3) and (4) are exempt from the requirements of this section.

4. Any person convicted of violations of this section is guilty of an infraction and shall be fined not more than $50 per offense.

If you have been injured in an ATV accident that you feel was caused by the negligence or recklessness of another, we urge you to contact a skilled Utah personal injury attorney. The attorneys at the Christensen Law Firm can help you through this difficult process. Call us to schedule a FREE no obligation consultation with one of our skilled attorneys to discuss your specific legal rights.

On March 29, 2010, Oklahoma senators introduced legislation to improve traffic safety on Oklahoma highways by decreasing the maximum speed allowed by semi truckers to 65 mph. Currently, operators of big rigs are allowed to drive the up to the maximum posted speeds of 75 mph.

The impetus to tackle unsafe driving practices of truckers was a catastrophic multiple car accident that occurred on June 26, 2009. Truck driver, Donald Creed, 76, failed to brake in time when traffic was slowing on Will Rogers Turnpike causing a several car pileup that resulted in the deaths of 10 people. Donald Creed has been charged with 10 counts of negligent homicide for each of the victims of this tragic semi truck accident.

Sleep Apnea Prevalent Among Truckers

It is important to understand that speed wasn’t the only contributing factor in this horrific truck accident that resulted in multiple fatalities. Donald Creed had been driving for ten consecutive hours. He had not taken any breaks long enough to yield sleep or rest time. As experienced Utah personal injury attorneys, we have witnessed firsthand how drowsy driving is a severely under-investigated problem with truckers.

In fact, driver fatigue and drowsy driving is a major cause of semi truck accidents that injure and kill thousands of motorists, motorcyclists, bicyclists and pedestrians each year. According to a study authored by Dr. Stefanos Kales, Medical Director of the Employee and Industrial Medicine at Cambridge Health Alliance, truck drivers with sleep apnea are much more likely to fall asleep at the wheel and the condition is increasing as Americans become more obese. The study confirmed that commercial truck drivers have a high chance of having obstructive sleep apnea syndrome characterized by excessive daytime sleepiness and sleep attacks. The following statistics are quite sobering:

• Sleep Apnea increases the risk of a motor accident by nearly 7-fold
• 2.4-3.9 million licensed commercial drivers in the U.S. have sleep apnea

How Do We Let This Happen?

It is standard practice nationwide that truckers are paid based on the expected miles travelled in a specific amount of time. Trucker drivers are then rewarded for accruing additional miles in a shortened amount of time. Consequently, under the currently system, semi truck drivers are rewarded to sleep less, speed more and travel increased distances. Consider this a call to action to improve the traffic Safety on our Utah roads by urging Utah legislative representatives to implement laws that mandate trucking companies to curb driving hours down to a safe amount that is both healthier for the driver and safer for our Utah residents.

If you or a loved one has been injured or killed as the result of a Utah trucking accident, the skilled Utah Truck accident attorneys of the Christensen Law Firm can help you. Trucking accidents are unique because the parties involved are usually from out of state and their insurance companies are usually large national firms. Attorney Ken Christensen is the leading truck accident attorney in Utah as he has experience working with several major trucking firms. You can contact us at (801) 506-0800 to set up a FREE no obligation consultation with Mr. Christensen.