April 15, 2010

Nothing Independent About an Independent Medical Examination

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.

April 8, 2010

Semi Truck Hits School Bus Causing Multiple Injuries

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.

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February 5, 2010

West Valley City Employees: Worst Drivers in Salt Lake Valley

According to a recent report released by the Salt Lake Tribune, car accidents caused by West Valley City employees, while driving city vehicles, have increased by an astounding 54% in the last year. West Valley City employees cost the city over $107,000.00 in damages so far for 2009. This amount is likely to rise as there are still pending personal injury claims that have yet to be settled. Utah residents are angry that instead of spending public monies in areas like health care or education, these funds are being funneled into paying for reckless and preventable accidents caused by city employees.

West Valley Police Officers Overwhelmingly At-Fault in Car Accidents

West Valley City Attorney, Richard Catten, explained to the public that WVC employees have increasingly been cited for causing minor accidents like backing into other vehicles, mail boxes, trees or rear ending other motor vehicles. Distracted driving is a key characteristic of these types of accidents and the damages are not cheap. For example a city employee, driving a WVC water truck scraped his truck against two parked cars when making a right turn. The city employee was not observant that he was driving an extra wide load and his mistake cost the city $11,000 in property damages.

Interestingly, the report demonstrates that West Valley City police officers caused 37 of the 60 at-fault car accidents in 2009. In fact, for the past three years, police officers have consistently caused 60% of at-fault traffic accidents.

• One officer attempted to make a U-Turn over a median and got stuck. This accident cost the city $6,000.

• Another police officer rear ended a vehicle causing $14,000 in property damages and injuring the driver of the other motor vehicle.

Warning:
Your Ability to File a Utah Personal Injury Claim is Affected if a Government Entity is Involved

Utah statute of limitations is an important time line that designates your window of opportunity to file a claim against the responsible party. If the statute of limitations expires, you may no longer bring a case to court. In standard Utah motor vehicle accidents, the statute of limitations is four years. However, In the State of Utah, the statute of limitations on filing a personal injury claim is decreased to one year if the at-fault party is a government agency.

Attorney Ken Christensen’s book Seven Biggest Mistakes that can Wreck Your Utah Accident Case contains additional information on Utah Traffic Laws and guidelines on how to file an insurance claim for bodily injury. It is an invaluable resource that offers real life education and advice on how to protect yourself if you have been in a Utah personal injury accident. Give the Christensen Law Firm a call to request a FREE copy of this book at 1.801.506.0800 or visit us online at www.utahaccidentbook.com.

WVC Fire Department Takes Action to Curb Accidents

Several years ago, the West Valley Fire Department also experiences a substantial increase in accidents. Most of the accidents were from hitting objects when backing out. WVC instated a policy that a “spotter” is designated whenever the fire truck backs out of any premise. The results have been significantly positive: the department has seen a 50% reduction in their at-fault truck accidents. If West Valley City were to implement basic changes on employee driver protocol, training and safety then the West Valley City won’t lose so much public money on preventable car accidents. Increased driver’s education on how to on how to maneuver government vehicles properly and how to avoid distracted driving will be quite beneficial to all.

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October 14, 2009

American Fork High School Bus Accident

A community came together this weekend to honor a music instructor who died trying to save a bus full of students. Heather Christensen, 33, was a woodwind instructor at American Fork High School. On Saturday, October 10, Christensen was in a bus with the award-winning American Fork marching band returning home from a competition at Idaho State University in Pocatello. Two miles north of McCammon, the driver of the bus passed out from a medical condition. Christensen grabbed the wheel of the vehicle to try and bring it under control. Unfortunately, the bus rolled over, and Christensen did not survive the crash. Fifty students were on the bus, along with two adults and the driver. Two students were airlifted to a hospital, and medical crews treated many students at the scene of the accident. Christensen was the only fatality.

On Sunday night, students, parents, and neighbors gathered in the gymnasium of American Fork High School for a vigil to the brave instructor. Hundreds of people, including Gov. Gary Herbert, packed into the gym to remember and honor Christensen.

Jana Hogenson, Christensen’s sister, was proud of her heroic actions.
“I talked to the girl that sight right next to her last night on the bus,” Hogenson said. “She said had it not been for (Christensen), a lot of them would have died.”

Christensen’s viewing will be held this Friday at the Anderson & Sons Mortuary (49 E. 100 North, American Fork) from 6 to 9 p.m. Another viewing will follow Saturday morning at the Alpine Tabernacle from 9 to 11:30.

We join Christensen’s family and friends, as well as the entire Utah community, in honoring Heather Christensen for her heroic actions.

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June 12, 2009

Utah Bus Accident

Date: June 11, 2009
Location: 400 West and 9000 South
Type: Utah Bus Accident Lawyer, Utah drunk driving accident

KSL News has reported a serious Utah truck accident involving a school bus that took place Thursday morning in West Jordan. According to police, 46-year-old Kevin Fullmer suddenly made a left-hand turn in his truck directly in front of a school bus. The bus driver had little time to react and hit the breaks to decrease speed. He slammed into the truck, sending it into a light pole. The bus was carrying 55 children. Thankfully, none of them were seriously injured. Some students suffered bruising and others received cuts from shattered glass. Fullmer suffered from a head injury and was taken to the hospital in critical condition. Police say he was drinking before the crash, but are waiting for a blood alcohol test before they press charges.

While the quick reaction of the bus driver saved the students from serious injuries, this accident could have been a lot worse. Alcohol-related accidents account for 40% of all traffic accident fatalities across the United States. 19% of all Utah traffic accident fatalities are the result of drunk driving. Even worse, many drunk drivers are repeat offenders. To learn about the actions advocacy groups are taking to limit repeat DUI offenders, visit the Christensen Law Firm’s online library. If you have been injured in a Utah drunk driving accident, you deserve just compensation for the physical and monetary damages you received. The expert drunk driving attorneys at the Christensen Law Firm will provide you with superlative legal representation and will diligently work to ensure you receive the settlement you deserve. For a free consultation call 801.506.0800.

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March 30, 2009

Payson High Students Are Injured In A Bus Versus Semi Truck Accident

Date: March 30, 2009
Location: Baker Canyon, 21 miles south of Fillmore
Type: Truck and bus collisions, Utah bus accident

The Salt Lake Tribune reported a serious accident this morning involving a school bus. The bus was transporting a youth choir group from Payson High School along Interstate 15 during the latest Utah snowstorm. Around 4:30 am this morning, the bus collided with a tractor trailer. Police say the truck was traveling north and slid on an ice patch, causing it to overturn. The trailer broke off from the cab and spilled boxes across the interstate. The bus, which was also driving north, attempted to avoid the trailer. However, it ended up clipping the side of the trailer, causing many of the 52 student passengers to sustain neck and back pains. Many of the students were transported to an armory in Fillmore where they waited for rides back to Payson.

Typically insurance companies try and settle bus accident claims quickly before the injured parties discover the full extent of their injuries. All passengers in the bus would be well advised to obtain a free copy of the Utah Accident Book, "7 Biggest Mistakes That Can Wreck Your Utah Accident Case" at www.UtahAccidentBook.com before signing any documents from the insurance companies.

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August 6, 2008

School Bus Driver In Salt Lake City Runs Into a Light Pole and Is Arrested For DUI

According to a KUTV News article, “School Bus Driver Jailed After DUI Crash At The Gateway,” a school bus driver was transporting several children from Salt Lake City’s Jewish Community Center to the Discovery Museum at the Gateway when he crashed into a light pole. The driver, 51-year-old Jon Wallace Hoffman, then ran away from the scene before authorities arrived. Hoffman later returned and took a field sobriety test, which he failed. Mr. Hoffman was arrested for driving under the influence of a controlled substance.

Considering Hoffman’s history, the bus company never should have allowed him to be in such a position of trust. In 1994 Hoffman was charged with public intoxication. In 1996 he caused a serious traffic accident. In 2005 he was involved in another traffic accident and in 2006 he plead guilty to charges of disorderly conduct and speeding. Despite this, the bus company that employed Hoffman – Serv-a-Bus – insists that it conducts background checks on all of its drivers.

Both Hoffman and Serv-a-Bus could be held liable. Buses – school buses, city buses, and charter buses - are considered “common carriers” and have an “utmost duty of care.” This is much higher than that of a friend who gives you a ride to school. If any of these young children were injured in this accident, their families would be well served to contact a Utah Personal Injury Lawyer to ensure bus drivers and transportation companies do not let this happen again and that all medical bills and future damages are covered.

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July 17, 2008

Bus Rolls and Catches on Fire with Teens from New Jersey, New York and Flordia On It

A tour bus near Panguitch, Utah and Bryce Canyon full of teens from New Jersey, New York and Florida who were on a tour of the western United States rolled and caught on fire according to reports by KSL News, Tour Bus Loaded With Teens Rolls in Red Canyon, and the Salt Lake Tribune's, Fiery Bus Crash Near Bryce Canyon National Park Hurts Teens.

It is very fortunate for the young people and their families that no one was killed in this fiery accident.

KSL reported that is unclear what caused this bus to go off the road and that wind may have contributed. How could it be unclear? The bus driver should be questioned and should provide answers to these important questions.

Official accident investigations many times lack the resource to cover every probable cause of the accident. The family of these young teens may be well served consulting with a Utah personal injury attorney. Injury claims outside your home state can be difficult, but our firm has handled several of these claims and achieved successful results.

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