Utah Personal Injury Law Firm Blog

Summary of Elevator Injury Accident Near 40 East and 100 South

On Monday, March 8, 2010, a brick mason fell 40 feet from scaffolding inside an unfinished elevator shaft at the City Creek project located in downtown Salt Lake City, Utah. According to a Salt Lake Tribune news report, the nearest access point to the construction worker was about 20 feet above from where he had landed from his fall. It took emergency crews 45 minutes to hoist the injured victim through a rope-and-pulley system to ground level for medical treatment. The victim was taken to a local hospital with massive trauma over his entire body. He is currently listed in critical condition with possible brain trauma he sustained in this Utah accident. Investigators are still looking into what caused this man to fall from his work site and whether or not the City Creek project supervisors had implemented proper safety protocols.

My thoughts and prayers go out to the victim and his family of this tragic Utah accident. The extent of the victim’s internal injuries has not yet been released. I hope that the injuries he sustained are not catastrophic and that he will heal fully and quickly.

Fault and Liability Issues

Based on this news report, officials are still investigating the responsibility and possible fault of the company that the City Creak development project is under or whether the victim is responsible for this tragic accident. Since the project is state funded, the State of Utah can also be held responsible. As Salt Lake City personal injury attorneys, we remind the victim and his family that this accident case is an intricate one with many questions and many insurance companies to coordinate and work with. We remind the victim that even the time frame to file a claim can be reduced to a year due to the Utah statute of limitation when a government entity is considered a liable party. We highly recommend that the victim speak to an attorney as soon as possible to investigate whether City Creek safety managers are responsible, if OSHA safety standards were met and whether there were proper safeguards put in place at the spot where the victim fell like safety harnesses or restraints.

How to Protect Yourself

In such complex cases such as this one, an experienced Salt Lake City personal injury lawyer will be able to advise victims about their legal rights and options. A knowledgeable accident attorney will have experience working with Worker’s Compensation Fund, the State of Utah and understands how health insurance policies applies to cases involving private companies, government entities and personal injury.

The Christensen Law Firm, PLLC, will provide a free consultation to the injured victims and their family members. If you were involved in this incident or a similar incident and have questions as to your rights and legal options please feel free to give our experienced attorneys a call at 801.506.0800.

What is Defensive Driving?

The National Safety Council (NSC) has implemented an in-depth defensive driving course for motorists who have accrued enough points on their driving records that they are at risk of getting their licenses revoked. Most of these motorists have received multiple speeding tickets and have opted to take traffic school provided by the Utah Department of Motor Vehicles.

Defensive Driving is a serious skill that many motorists fail to take advantage of. More specifically, defensive driving protects motorists and their passengers from the potential dangers around them which include other vehicles, road conditions, and inclement weather conditions. Most of the hazards on the road are easily foreseen and thus these types of collisions are preventable. The fatal four driving behaviors according to the National Safety Council are:

• Speeding
• Right of Way
• Driving Left of Center
• Tailgating

Speeding Car Causes Fatal Car Accident for Utah Residents

The National Highway Traffic Safety Administration (NHTSA) reports that speeding is a contributing factor in fatal car crashes that kill around 13,500 people every year and costs $41 billion dollars annually. In fact, exceeding the posted speed limit by 10 miles doubles your risk of death in a Utah traffic accident.

Why do People Speed?

• Failure to monitor speed
• Not allocating enough time to reach your destination
• Ignoring speed limits

Understanding Who has the Right of Way

NHTSA attributes more car accident injuries to right-of-way violations than any other improper driving behavior. Some examples of the common causes of car accidents include:

• Failure to Yield
• Not paying attention to traffic signals and signs
— For example: Is that a green turning arrow or a “yield on green” sign at the intersection?
• Rolling through a Stop Sign or Red Light instead of coming to a complete stop

Driving Left of the Center is Never Necessary

Driving left of the center means crossing the center line. Crossing the center line has a potentially fatal risk of causing a head-on collision. Remember, crossing the center line isn’t necessary. It is much wiser to avoid the practice of doing this altogether.

Tailgating Kills

Following too closely is an unsafe driving habit that contributes to road rage, speeding and motor-vehicle collisions. Rear-end accidents result in severe spinal injuries, traumatic brain injuries and even death. Maintain a safe distance from the vehicles around you, so that you can stop efficiently and safely.

If you or a loved one has suffered an injury you believe to be the result of the negligence of another, we urge you to contact us, the Christensen Law Firm, online or call us at 801-506-0800 (Main), (801) 224-2999 (Utah County) or 801 (801) 294-9500 (Davis County) to set up a FREE consultation to discuss your legal rights.

Enhance Your Medical Treatment with Physiatry

Personal injuries resulting from automobile, bicycle and motorcycle accidents often times affect various parts of the human body, necessitating different forms of medical treatment and specialization. Physiatrists coordinate multiple areas of medicine for an all-inclusive approach to treating a patient who has sustained numerous injuries.

Case Study

In 2007, when my client Maria was involved in a pedestrian verses automobile accident in Utah, she sustained spinal cord injuries, a broken leg and head trauma. Clearly, Maria had a long road to recovery ahead of her. Her physiatrist coordinated the medical treatment to enhance and build upon each other with the goal of bringing Maria to her maximum medical recovery stage in the most efficient and thorough manner.

Consequently, Maria was able to treat with an orthopedic surgeon to repair her broken femur and a physical therapist to restore strength and mobility. Maria then treated with a chiropractor and massage therapist for her neck and back pain. Finally, the symptoms of post traumatic stress disorder (PTSD) that Maria suffered from her minor head injury were addressed by a licensed psychologist.

What is Physiatry?

• Physiatry, commonly referred to as Physical Medicine and Rehabilitation (PM&R) is a specific area of medicine that takes on a comprehensive approach to solving neurological and musculoskeletal problems within the human body using less invasive procedures than surgery.

• Physiatrists are medical doctors who aim to find the source of pain symptoms their patients have and treat the ailment holistically until the patient has reached his/her optimal functional capability.

• Physiatrists emphasize the importance of addressing all the intricate parts associated with the illness, disability or injury in order to restore one back to his/her best possible health.

Comprehensive Plan of Physical Medicine and Rehabilitation

Physiatrists take on a multidisciplinary approach to treating patients that have a broad range of personal injuries and medical ailments. These conditions include:

• Chronic Pain Management
• Traumatic Brain Injury
• Spinal Cord Injury
• Amputation
• Sports Injuries
• Accident Injuries
• Stroke
• Musculoskeletal Pain syndromes
• Nerve Pain
• Neck and Back Pain
• Psychological Issues

According to the American Academy of Physical Medicine and Rehabilitation, the complete plan of physiatry may include a large range of medical doctors and medical professionals. To give you an idea of how broad these health professionals are, following are a few that victims of personal injury accidents commonly treat with:

• Physiologists
• Physical Therapists
• Chiropractor
• Massage Therapist
• Occupational Therapists
• Speech Therapist

Your Health is the Priority of the Christensen Law Firm, PLLC

There are many Salt Lake City personal injury attorneys that promise fast settlements and quick cash into your pocket. However, this is not always wise or best for your interests if you have been injured in an accident. Your health is the number one issue to address when you have sustained injuries. The experienced attorneys at The Christensen Law Firm are committed to ensuring that your medical treatment is complete, meaning that you are brought back to the best possible health you can be following a personal injury accident. We will ensure you medical treatment is covered by the at fault party’s insurance and that you receive a full and just settlement for your damages and suffering. For a Free, NO obligation consultation by one of our experienced Utah personal injury attorneys, please call 801.506.0800.

Summary

On April 20, 2009, Cliff M. was driving northbound on I-15near 11400 South in Draper, Utah. Due to heavy traffic on the freeway, Cliff brought his Honda Civic to a stop. Shortly thereafter, a Grey Dodge Ram 2500 Mega Cab truck ran over the top of driver’s side of Cliff’s car. Client died at the scene from the traumatic head injuries he suffered in the car accident.

Cliff was a loving father to his children. He was the primary breadwinner for his family and he was referred as the emotional rock for his adolescent and young kids. Cliff had been married and divorced multiple times. He had several biological children with his previous spouses and he had some stepchildren with his current wife. This non-traditional family unit which made the legal issues in his wrongful death case convoluted.

Things can go from bad to worse

Martha, mother to one of Cliff’s biological children, received a phone call one day from an attorney, stating her child would get a small sum for their loss. Martha did not feel that the amount was fair and she did some research on her own. She realized that her daughter and Cliff’s other biological and stepchildren were entitled to additional benefits. A friend advised Martha to call The Christensen Law Firm. Attorney Ken Christensen was able to obtain a large settlement from American Family Insurance Company that was more than four times the amount the previous attorney had told her to accept.

Martha was merely protecting the children’s interests. They lost a father who had been an integral part of their lives. Through this settlement the children have substantial assets left to them for their future wellbeing. If she had not called the Christensen Law Firm, and a wrongful death claim was not made in behave of all legal heirs, her young daughter would have suffered immeasurable with no recourse. As a parent myself, my final wish would be to know that I had left my children provided for.

What are the Statute of Limitations?

While the statute of limitations for most Utah personal injury cases can be as long as four years, in a wrongful death case, the time frame is reduced to two years. The time frame may vary depending on the details of the accident. If a government entity is involved, that statute of limitations can be as short as one year from the date of the fatal car accident. It is wise to discuss the specifics of your situation with an experienced Utah personal injury lawyer to ensure that you and your family do not lose legal options available to you now.

Who are the Legal Heirs?

In many wrongful death accidents, the surviving family of the victims pursues legal action against the responsible party to bring justice and closure. At the Christensen Law Firm, we’re ready to assist people in the daunting process of navigating their way through the often confusing maze of Utah personal injury law. We understand that the complexities surrounding a wrongful death are no easy matter for the families of the victims. While you are coping with the emotional trauma of losing a loved one in a fatal car accident, you are also presented with complicated legal situations that will directly affect the designated heirs of the decedent. This is an important responsibility and you deserve to be fully informed before making these decisions. Some frequently asked questions include:

• What is the Utah Wrongful Death Act? How does it affect me and my family?
• Who can file a lawsuit against the responsible party?
• Are stepchildren considered heirs?
• How many wrongful death actions can be brought before the court? Does it change when there are multiple heirs?
• Who has the fiduciary duty to look after the interests of all the legal heirs?

If you have any of these questions or have lost a loved one in a Utah accident, please feel free to call The Christensen Law Firm. Our experienced wrongful death attorneys are willing to sit down with you and your family and explain the legal process toyou. For a free, no obligation consultation with one of our lawyers, call The Christensen Law Firm at 801.506.0800.

Pedestrian verses Automobile Death

In a solemn report by the Salt Lake Tribune, 12-year old Ashley Lauren Maynard, passed away last Wednesday evening. On January 5, 2010, while waiting for her school bus, Ashley had stepped out into the street and was hit by an oncoming car. Ashley suffered from a traumatic brain injury and had been in the Primary Children Intensive Care Unit since this horrific Utah car accident. In a selfless decision, Ashley’s family has donated her organs.

My deepest sympathies go out to the victim’s family and friends for their loss. Ashley was an active and happy child who touched many during her short time with us. May thoughts and prayers are with those who loved Ashley as they go through devastating and difficult time.

Continue reading "Vernal Child Killed in Pedestrian verses Automobile Car Crash in Utah" »

Date: July 28, 2009

Location: Little Cottonwood Canyon

Type: Utah bicycle accident, Utah large truck accident

The Salt Lake Tribune has reported a serious Utah bicycle accident that took place in Little Cottonwood Canyon early this morning. According to police, a delivery truck was driving uphill around 7:30 am. This morning as the sun came over the hill around 8200 East. The truck was in the right lane of a passing zone, allowing faster traffic to pass. A 37-year-old bicyclist from Draper was also in the right lane. The truck driver saw the bicyclist at the last minute and tried to avoid him. However, the truck’s mirror struck the bicyclist, who was thrown off his bike and fell down the embankment on the side of the road. The cyclist was flown to University Hospital in critical condition, suffering from spinal, neck, and head injuries. He also sustained broken bones. Police believe the sun played a factor in this accident, reducing the trucker’s visibility. Nonetheless, this professional driver is clearly responsible for this accident. The truck driver was cited for driving too close to a bicyclist. We wish the cyclist a full recovery from his injuries.

The cyclist was wearing a helmet this morning. This was a very smart safety precaution and likely spared him from even more serious head injuries. However, it appears that he has still suffered some head trauma. A common form of head trauma is Traumatic Brain Injury (TBI), which can result in serious symptoms and high medical costs. The Center for Disease Control and Prevention estimates that 1.4 million people sustain a TBI every year. Bicyclists are especially susceptible to TBI in bicycle vs. automobile accidents, even if the cyclist involved is wearing a helmet. For more information on Utah TBI statistics, symptoms, and treatments, visit the “Traumatic Brain Injury” section of the Christensen Law Firm’s online personal injury library.

If you have been injured in a Utah bicycle accident due to someone else’s negligence, you are entitled to full and just compensation for your damages. The Utah bicycle attorneys at the Christensen Law Firm provide superlative legal representation to bicycle accident victims. We will provide you with dedicated and personal service to ensure you receive the settlement you deserve. For a free consultation on your legal rights, call us at 801.506.0800.

Date: April 17, 2009
Location: 6600 West and 10400 North
Type: Highland, Utah pedestrian accident, Traumatic brain injuries

KSL News has reported a horrible Utah pedestrian accident that took place Friday morning. According to authorities, a 6-year-old boy from Highland was walking home after dropping mail in the mailbox for his parents. As he was returning, a car struck him. Police say the driver of the vehicle was a 65-year-old man and authorities are investigating how fast he was driving at the time of crash. The young boy was flown by helicopter to the hospital. He is in critical condition and suffers from a head injury. We will continue to update this story as we learn more. Our thoughts and sympathies are with this young boy and his family as he recovers from his injuries.

Unfortunately, traffic wrecks involving pedestrians are a frequent occurrence on our nation’s roads. Children are especially at risk of pedestrian accidents, as they are often playing outside with their friends. In fact, 30% of all fatal accidents involving children are pedestrian accidents. Please keep a close eye out for pedestrians when you are driving, especially when commuting through residential areas. Christensen Law Firm, Utah’s premiere pedestrian accident law firm, has a website with many safety articles. For more information on pedestrian statistics and safety measures, visit our website’s library section.

KSL News reported a severe Utah truck accident that took place on February 21, 2009. The accident happened in Kaysville where a truck was driving southbound on Highway 89 around 2:00 am. The driver of the truck lost control due to icy conditions near Crescent Road and crossed into the northbound lanes. He smashed into another truck, causing it to roll over. Fortunately, everyone in the car wreck was wearing a seatbelt. However, three people were severely injured. Both drivers sustained head and back injuries and a passenger in the first vehicle was flown to University of Utah Hospital with head and internal injuries. We wish everyone involved a quick and full recovery.

Head injuries are relatively prevalent in the United States. Each year, over 1.4 million people suffer from Traumatic Brain Injuries (TBI) Traffic accidents are responsible for 20% of head injury cases. For more information on head and traumatic brain injuries, visit the library section of our law firm’s website.

A man and women were riding on a motorcycle February 3, 2009 in Salt Lake City near 1300 South and 800 East when a van pullled out from an stop sign and failed to yield the right-of-way to the motorcycle. The motorcycle was unable to avoid hitting the van and both the driver and passenger sustained serious brain injuries.

According to the Utah Department of Public Transportion, Utah has seen a increase in motorcycle accidents, specifically fatal Utah Motorcycle accidents. 35 Utah motorcyclists died in 2008, which is the highest rate of motorcycle fatalities since 1985.

Continue reading "Salt Lake City Motorcycle Accident Results in Serious Head Injuries" »

Statistics show that over one million people each year receive medical treatment for head and brain injuries. Furthermore, between 50,000 and 100,000 people suffer prolonged effects from these injuries. Many head injuries are the result from car accidents, even at low speeds. While some head traumas occur from hitting one’s head on the steering wheel or headrest, head injuries can still occur without hitting an object within the car.

Continue reading "Car Accidents and Brain Injuries" »