Utah wrongful death scenarios

It is important to recognize that deaths resulting from murder, manslaughter, or criminally negligent homicide are prosecuted criminally rather than through a civil process. Civil process covers personal injury claims, or tort as it is called in legal terms, under which wrongful death falls. Thus, wrongful death implies that death results from negligence, rather than being planned or premeditated.

This can occur in various circumstances. Wrongful death often occurs as the result of negligent driving in which speed or alcohol or some other factor causes the death of another. It can also occur in what is referred to as medical malpractice, which is when through a doctor’s negligence a patient dies. The Michael Jackson case is an example of where proceedings pass through first a criminal phase, in which his doctor has been found guilty of involuntary manslaughter, and now Jackson’s family will pass to a civil proceeding under a wrongful death suit.

A wrongful death suit can also come as the result of an on-site accident, such as at a construction site or some other business location. It can occur as the result of a ‘freak’ accident in which someone slips on water in a store, or on ice outside of a store, and dies. If local law mandates the enclosing of a swimming pool and a child drowns in said pool while not enclosed, this person can be held liable for a wrongful death claim.

The circumstances are many and varied, thus it is important to understand the nuances of the law so you can know how to act and whom to call. Calling the Christensen Law Firm following a death in the family as the result of the negligence of another will ensure that you have the most professional and compassionate lawyers in the state. Call (801) 506-0800 for a free consultation today.

The impact threw the wheelchair to its side when it became jammed under the bottom of the minivan.

This is when bystanders ran to help.

When they approached the vehicle and the trapped man, he was unable to form words but was conscious.

Six to seven people first helped to lift the minivan as another two pulled the man out from under it.

The driver of the vehicle, 63-year-old Gloria Woolman, said that she had not seen the man when she turned onto the street.

Detective Dennis McGowan said that Salt Lake City Police decided not to cite Woolman.
The victim was taken to a local hospital in critical condition.

According to walkinginfo.org in 2009 there were 59,000 reported pedestrian injuries, which comes out to about one every 9 minutes.

The National Highway Traffic Safety Administration compiled a list of why pedestrian accidents occur. About 11% of these injuries, like in the case of this 68-year-old pedestrian, stated visibility as a contributing factor.

A pedestrian can be hidden from the view of a driver in many different ways; physical objects, like a car or a sign, bad weather conditions such as rain or snow and decreased visibility during certain times of the day that include, early morning, late afternoon and night.

In this case, the position of the victim, seated in a wheelchair, may have impacted his visibility to Woolman. Her minivan sits higher up and if she was not attentive to her surroundings she may have looked right over him.

When you are driving, it is imperative that you take extra care to watch for pedestrians. There are many physical objects, extenuating circumstances and weather conditions that could obstruct your view if you are not extra careful.

If you have been a pedestrian and you find yourself the victim of an accident, the personal injury lawyers at the Christensen Law Firm can help. Call us today at 801-506-0800 to find out what options are available to you.

This campaign is the result of the numerous accidents and deaths involving TRAX and FrontRunner trains.

This year there has been a total of 11 TRAX and FrontRunner accidents, five of which were fatal.

UTA acknowledged that a good number of the accidents were happening at street grade-level crossings and discussed their plans to phase out these crossings.

“For every grade crossing we open, we’d like to close three. So we’re inherently trying to reduce the number of at-grade crossings that exist in our system,” said UTA spokesman Mike Allegra.

Trains are also being marked with multicolored messages as reminders of how to safely act around the trains.

Though the 11 accidents that have occurred this year is a high for Utah, when compared with surrounding states, Utah’s accident rates are significantly lower.

According to an article from FOX 13, the numbers for five neighboring states city commuter trains are as follows:

• Phoenix, 47 incidents, 0 deaths
• Portland, 48 incidents, 2 fatal
• Sacramento, 37 incidents, 2 fatal
• San Jose, 10 incidents, 1 fatal
• Denver, 7 accidents, 3 fatal

The number of accidents in Utah this year has gone up by one thus far and UTA does not want it to increase any longer.

The auto accident attorney in Salt Lake City at the Christensen Law Firm encourage you to be aware of this new education program and to do your best to follow the safety guidelines put in place by the UTA to keep you safe while riding TRAX and FrontRunner trains.

No person is exempt from the chance of incurring a burn injury and it is in your best interest to understand the severity and the causes so you can prevent you, your loved ones and those around you from being the victim of a burn injury.
The Severity of Burn Injuries

First-degree burns are when only the top layer of skin is involved. “The skin is red, painful and dry, but usually heals on its own without scarring within a week,” (burninjuryonline.com). “Long-term, chronic pain may result even after the redness and swelling have subsided.

Second-degree burns are sometimes called partial-thickness burns. They “involve the top layers of skin. It is red and blisters and may weep clear fluid.” Second-degree burns usually heal in anywhere from three to four weeks. These burns can sometimes result in a scar.”

Third-degree burns are the most severe. They are also called full-thickness burns. They “destroy all layers of skin and can penetrate the underlying fat, muscle, bone and nerve structures. They appear brown or black with underlying tissues appearing white.” Third-degree burns are more likely to leave disfiguring scars. They involve ongoing treatments like therapy, vocational rehabilitation, plastic surgery and sometimes skin grafts.

Some of the most common causes of burn injuries include: heat, electricity, chemicals, light, radiation or friction, (healthcare.utah.edu).

Awareness and caution are key in preventing you or a loved one from becoming another victim of a burn injury. If you are a victim of a burn injury Utah, the burn injury attorneys at Christensen Law Firm can help. Call us today at 801-506-0800 to find out what options are available to you.

Commercial trucks are large, heavy and more difficult to manage and not many people understand the part trucks play in annual accidents.

Truckinfo.net states that of the 41,000 to 45,000 traffic deaths every year in the United States, less than 9% of those involve commercial vehicles.

When those trucks are involved in accidents, 80% of the time the incident is the fault of the non-commercial driver.

It is also a commonly held belief that commercial accidents are caused by fatigue or sometimes alcohol usage. According to truckinfo.net only 4% of the annual death related accidents are caused by fatigue and only .06% involved alcohol.

They also state that, “trucks are 3 times less likely to be in an accident than a regular motor vehicle.”

Since, more often than not, it is the fault of the passenger vehicle when a commercial truck is involved in an accident and occupants of the passenger vehicle are more often injured and killed, it is important that drivers are aware of ways to drive safely among trucks.

Roadsafeamerica.org recommends that passenger cars do the following:

• Be extra alert as you approach a large truck. They behave very differently from cars.

• Avoid blind spots around trucks. If you can't see a truck's side mirrors, the truck driver can't see you. One-third of all crashes between large trucks and cars take place in the blind spots around a truck.

• Do not pass a truck on the right while the truck is turning right. Trucks must swing wide to the left to negotiate right turns safely, as the rear wheels follow a shorter path than the front wheels.

• Do not cut in front of any large vehicle, including a truck or a bus. Since they require much more distance to stop in comparison to cars, forcing a large vehicle to stop quickly can result in a fatal accident.

• Use the proper procedure to pass a large truck or bus on the highway. Accelerate slightly and maintain a consistent speed while passing. Wait until you can see the entire cab in your rear-view mirror before signaling and pulling in front of it.

• Observe a truck's turn signals before trying to pass it. If the truck appears to be starting a left turn, check which way the driver is signaling before passing the truck on the right.

• Give trucks at least four to six seconds of space in wet conditions and at highway speeds.
• Call authorities if you see unsafe driving.

• Do not cut off a truck in traffic or on the highway to reach your exit or turn.

The trucking accident attorneys at the Christensen Law Firm encourage you to follow these tips when driving where commercial vehicles are present. If you or a loved one has been injured in a trucking accident call us today at 801-506-0800 to find out what options are available to you.

The 25-year-old was crossing the street around 5 a.m. at 100 South and 400 East. Authorities said that he was wearing dark clothing.

The victim was in a crosswalk but he was crossing against the light, according to police.

The vehicle that hit him was heading north and was driven by a 26-year-old man.
Salt Lake police Sgt. Mike Hamideh said that the 25-year-old died at the scene.

Police believe that he might have been wearing headphones as he crossed the street.
When you are a pedestrian there are risk factors that are not always anticipated. The National Highway Traffic Safety Administration and the Insurance Institute for Highway Safety have released many fact sheets on pedestrian crashes.

According to these fact sheets, in 2009, 69% of pedestrians that were killed that year were males.

The same sheets revealed that nearly 70% of all pedestrian fatalities occurred at times of limited light, which translates into limited visibility.

Pedestrian deaths are a serious problem. According to walkinginfo.org, pedestrian deaths account for 11% of motor vehicle deaths.

The months of September through January “have the highest number of nationwide pedestrian fatalities, with typically fewer daylight hours and more inclement weather.”
When you are a pedestrian during times of decreased visibility the risks of being hit by a motor vehicle are much higher. Sometimes no matter how cautious you are, you cannot prevent an accident from occurring. There are still ways you can protect yourself in this situation. If you or a loved one has been injured in an accident, the pedestrian accident attorneys at the Christensen Law Firm can help. Call us today at 801-506-0800 to find out what options are available to you.

Police said the accidents began after one car spun out and a trooper stopped to help.
While Trooper Eric Prescott, Utah Highway Patrol, was helping the first car he watched the rest of the scene unfold.

“…it just kind of created a chain reaction. Another car came in, another car came in, and they just kept piling up on the icy bridge,” Prescott said.
The bridge around horseshoe bend iced over and UHP believes that was a factor in the accident.

"One semi came into it, lost control and jackknifed, basically closing the whole road down. And then every single vehicle, which includes three additional semis and approximately 15 to 20 vehicles, came in at either freeway or below freeway speeds causing a serious traffic mess," said Utah Highway Patrol Lt. Chris Simmons.
A trailer involved in the accident was carrying Butane gas and began to leak fuel after the crash.

Five people involved in the accident were taken to the hospital in critical condition and between 5 and 10 more were taken to hospitals in less serious conditions.

A few miles east of the pileup, cars were being detoured off of the freeway because of the first accident. A truck of hunters towing a horse trailer with dogs in the back was involved in a crash when another truck struck the trailer of the first truck.
Three dogs were killed in the accident.

UHP said that since midnight Saturday night there had been 84 accidents in just Salt Lake and Utah counties, resulting in everything from property damage to injuries that needed assistance.

Driving in winter road conditions can be extremely dangerous. Sometimes there isn’t anything that could have been done to prevent an accident. But there are things to know that could help to increase your odds of arriving safely at your destination when the weather and road conditions are not ideal.

Winterizing your car is a preliminary precaution that can be taken as soon as the seasons begin to change. The Utah Department of Transportation (UDOT) suggests that when you take your car in for this process you pay special attention to “good tires, wiper blades, windshield washer fluid and working lights.”

Black ice is also something to be aware of. According to the National Weather Service, “black ice” refers to “patchy ice on roadways or other transportation surfaces that cannot easily be seen.”

Tips from AAA Mid-Atlantic say that black ice commonly forms on bridges, overpasses, tunnels and roads that wind around waterways. If you are driving on any road that fits this description then be aware that black ice might be present and adjust your driving accordingly.

Driving in winter weather can be a dangerous task, but there are precautions you can take to increase your safety. If you or a loved one is involved in a car accident this winter, the Salt Lake City auto accident attorneys at the Christensen Law Firm can help. They are experienced and compassionate attorneys that can make navigating the ins and outs of an accident, a less stressful experience. Call us today at 801-506-0800 to find out what options are available to you.

According to safemotorist.com, “You may be surprised to learn that the most dangerous place on the road to drive is not typically in such high speed driving environments, but rather, the most dangerous driving situations are typically encountered during normal, everyday, driving at intersections.”

Lane changing and running or jumping lights usually cause these accidents.
The Federal Highway Administration reported that more than 2.8 million intersection-related crashes happen in the United States, per year, which is over 44% of all reported crashes.

There are many reasons that intersections are increasingly dangerous for drivers. Safemotorist.com states that this could be due to the fact that “intersections are prone to serious traffic, while placing motor vehicles in an environment where motor vehicles directly cross paths, directly exposing drivers to traffic crashes in which little space is available to avoid the serious consequences of poor driver choices such as disobeying traffic signals, failing to stop at red lights, or assuming the right of way.”

The Insurance Institute for Highway Safety reported that over 900 people die every year as a result of other vehicles running red lights and red lights are the foundation of intersections.

Safe driving is something that people should practice at all times, but it is especially important in areas of heightened danger. Take care to pay attention to changing lights, stopping when they are red and limiting other distractions when you are in intersections. If you or a loved one has been involved in an intersection accident, call the attorneys at the Christensen Law Firm to find out what options are available to you. Call today at 801-506-0800.

The two girls were wearing dark clothing and were hit while crossing the street around 9 p.m. near 6475 S. 4800 West. They were not in a crosswalk at the time of the crash.

Police have said that a lack of visibility definitely could have been a contributing factor, but speed does not seem to have been a cause.

Both girls were taken to the hospital after the accident. One to Primary Children’s Medical Center and one to Intermountain Medical Center for facial and bone injuries.

Later that evening a 71-year-old female driver hit a 13-year-old boy in Uintah county. Weber County Sheriff Lt. Matthew Bell said that this accident, too, lacked any contributing factors. “There’s not a sidewalk on this portion of the street and it’s extremely dark. He was on the pavement on the road, but just on the side of the pavement,” Lt. Bell said.

The young boy was originally taken to McKay-Dee hospital, but was then flown to Primary Children’s Medical Center in critical condition. The authorities said that, though he was transported in critical condition, his injuries were not life threatening.

It is no secret that Halloween is a dangerous holiday for pedestrians and a stressful one for drivers. A study conducted by The Centers for Disease Control found that, “the number of childhood pedestrian deaths increased fourfold among children on Halloween evenings when compared with all other evenings.” This danger is amplified by the practice of wearing dark clothes and feeling uninhibited by normal rules, (ex: darting into the middle of streets).

No matter the situation we all need to be aware of cars and pedestrians around us. Especially on holidays that involve extra foot traffic. As a pedestrian, taking the time to apply some sort of visibility aid to your clothing like reflective tape, white material or simply carrying a flashlight, could possibly prevent you from being struck by a vehicle. If you or a loved one has been involved in an accident the pedestrian accident attorneys at the Christensen Law Firm can help. Call us today at 801-506-0800 to find out what options are available to you.

By understanding and following a few tips you can help to make Utah’s winter roads a safer place to drive.

Snowplows are one of the best things to happen to snowy roads. They make it possible for drivers to get where they need to go, even if the weather is bad, but they can also be dangerous for drivers. They drive slowly and in blustering snow can be difficult to see, especially if you are traveling at high speeds (slow down to 1/2 of posted speed limit!). Some plows also have “wing” plows, which stretch out wider than the actual plow. Drivers need to look out for these if they attempt to pass or drive next to a plow.

The snow that is displaced by the plow is called a cloud. This cloud is dangerous to drive through and the Utah Department of Transportation (UDOT) specifically recommends to “never pass a snowplow on the right…keep back at least 200 feet.”
UDOT snowplows usually spread salt or other coarse materials on the road and driving too close to them could damage your car’s paint or break the windshield.

Winterizing your car can also prevent risks of winter-related accidents. UDOT suggests that when having your vehicle checked you pay special attention to “good tires, wiper blades, windshield washer fluid and working lights.”

The Utah Department of Transportation provides 24-hour road condition information that can be accessed via phone by dialing 511 (for Utah based phones) or online.

The attorneys at the Christensen Law Firm encourage you to take the necessary safety precautions when driving in winter weather. If you or a loved one is injured in an accident as a result of another’s negligence during dangerous road conditions, we can help. Call us today at 801-506-0800 to find out what options are available to you.

In response to this, the National Safety Commission released an alert on Halloween safety tips.

It recommends that, as a driver, you find out where and when celebrations will be taking place so you can plan your routes accordingly. This will help you to be consciously aware of the increase in pedestrian traffic.

Driving under the influence has also become an issue of concern on Halloween. In 2010 The Daily Herald quoted a Utah Highway Patrol officer, “Halloween had replaced New Year’s Eve as a day for imbibing alcohol and drugs.”

In response to this, many Utah towns stationed checkpoints looking for people driving under the influence on Halloween night. If you choose to drink, make arrangements so you do not have to drive. If you are lucky enough to avoid an accident while under the influence, it does not mean you will be able to avoid consequences like checkpoints.

Texting and driving or driving with any type of distraction can be especially dangerous on Halloween. Festivities usually begin at nightfall, a time when visibility is already an issue for drivers. Kids are often dressed in dark clothing and are more prone to darting out into streets.

Taking your eyes off of the road on such a dangerous night could quickly become a recipe for disaster. The few seconds it takes to read a text message could make the difference of seeing a child in the road and having time to respond or not.

The attorneys at the Christensen Law Firm want you to drive safe on Halloween. Plan ahead and plan smart. In the event that you are involved in an accident, make the choice to call attorneys you can trust. Call us today at 801-506-0800 to receive supportive and compassionate legal service.

The Utah Department of Public Safety published The Top Five Reasons Teenagers Crash On Utah Highways.

The causes and their percentages are:

Following too closely—16.4%

Most teenagers do everything at a greater pace. Any destination is important and when another car’s slow speed is keeping them from that destination a frequent response is frustration and tailgating.

Drivers of all ages are guilty of participating in tailgating and experiencing road rage periodically, but it is a problem that is mainly seen to end in accidents for teenage drivers.

Failed to yield right-of-way—13.4%

This infraction tends to go along with following to closely. It is something done when a driver is in a hurry and either does not want to wait their turn or does not even realize that right-of-way should be practiced in a given situation.

Speed too fast—11.2%

According to Allstate Insurance, 55% of teens said they exceed the speed limit by more than 10mph. Driving at excessive speeds can cause a loss of control and a decreased window of time to respond to situations on the road; both of which are dangers that are magnified by the fact that teenagers have a lot less experience in high-risk driving conditions.

Driver distraction—7.5%

Teenagers are often the first to allow new technologies into their lives. Texting and driving has continued to be a great problem for licensed teens. Livescience.com found that on average almost 60% of teens text while driving and since texting while driving is comparable to driving drunk, it is a serious cause of distracted driving.

Other improper driving—6.7%

Other types of dangerous or reckless activities that go on behind the wheel can cause a teen crash.

Having a driver’s license is a great responsibility. As a driver you are responsible for yourself, passengers and all other pedestrians and drivers that you are around. A vehicle is often an instrument in the injury or death of people we love. If you or a loved one has been injured in a car accident the attorneys at the Christensen Law Firm can help. Call us today at 801-506-0800 to find out what options are available to you.

The study was done on 50 families with beginner teen drivers in North Carolina. The study found that “in the first month of driving, teenagers are 50 percent more likely to get in a crash than teens who have been driving for one year.”

The research also suggested that parents need to spend more time in the car with their teenagers, as a passenger and as a teacher. AAA Foundation President, Peter Kissinger said, “the best way [to learn] is to practice with an engaged parent…”

Most parents agreed that they wanted their children to get a lot of behind-the-wheel practice but almost 70% of parents said that they did not spend more time driving because of busy schedules.

Teaching a teenager to drive can be an overwhelming responsibility and you might not know where to begin. Luckily there are many useful tools out there to help. AAA has a program called Teaching Your Teens to Drive that promotes driving in “graduated stages” and is taught “through a proven training curriculum based on the most common causes of teen-driver crashes.”

The program has been around for 11 years and is a complete 13-lesson guide to all aspects of driving from basic vehicle control to reducing risks while driving.

Teaching your teens proper driving strategies could literally keep them safe for the rest of their lives. Safe driving tips never become outdated or useless. Make the effort to find time in your busy schedules to properly educate and familiarize your child with the rules and risks of driving.

In the event that your child is involved in a car accident, you want someone who understands your position a parent to represent you. As fathers equally concerned with safety of their own, lawyers Kenneth Christensen and Russ Hymas will handle your case with empathy and care. Call us today at 801.506.0800 to find out what options are available to you.

The study also gave a state-by-state breakdown of uninsured motorists and it puts Utah at 9%. This is 5% lower than the national average, but is still not the lowest. The problem with this statistic is that at any given time there are many out-of-state drivers occupying the roads.

It is important to make sure you are covered for instances like this before they happen. Some insurance companies offer plans that have coverage to protect you if you’re involved in an accident with someone who does not have liability insurance or does not have enough to pay for your damages.

Coverage options, available limits and mandatory requirements differ greatly between states, but insurance companies in your state will be able to tell you what your options are for where you live. It is worth the short phone call to prevent you from being left with a bill for an accident that was not your fault.

If an accident happens before you are able to attain the proper coverage, you still have options. Contacting a personal injury attorney as soon as possible could save you money, time and worry. There are other alternatives out there that only an attorney will know of and how to navigate.

The attorneys at Christensen Law Firm are experienced accident attorneys. They will be able to help you with the financial, physical and emotional ramifications of a car accident that involved an uninsured motorist. Call us today at 801.506.0800 to find out what options are available to you.