According to the Center for Disease Control and Prevention, one out of every three adults 65 and older will fall each year. Among this age group falls are the #1 cause of death and nonfatal hospitalizations and these numbers are only increasing as time goes on.

Over 19,000 older adults died from accidental falls in 2008 and the likelihood of a fall increases the older an individual is. While women are more likely to be injured in a fall, men are more likely to die from a fall. When it does not result in death, a fall causes severe injuries that could result in broken hips or other injuries that require long-term stays in care facilities.

Utah has noticed this problem and is taking action to help decrease the amount of falls in the state’s senior citizens through a seven-week course called “Stepping On” that helps older adults learn what hazards to remove from their homes and teaches ways to increase strength and balance.

Utah Department of Health's Violence and Injury Prevention program manager Trisha Keller makes the clear distinction between aging and falls, “Falls are not a normal part of aging. Most falls are preventable…”

Decreasing falls for older adults could mean a variety of precautions including exercise, regular medications, new lighting, vision exams or removing hazards such as throw rugs and items littering stairs.

The class offered by UDOH will be held at the following locations:

•Orem Friendship Center, 93 N. 400 East in Orem, every Friday until Nov. 4, from 9:30 a.m. to 11:30 a.m. To register for the class, participants must be a member of the center and call 801-229-7111

•Springville Senior Center, 65 E. 200 South in Springville, every Friday until Nov. 4, from 1 p.m. to 3 p.m. To register, call 801-851-7095.

•North Davis Senior Activity Center, 42 S. State Street in Clearfiled, every Thursday beginning Oct. 13 until Dec. 1, from 9 a.m. to 11 a.m. To register, call 801-525-5076.

•Wasatch County Senior Citizens Building, 465 E. 1200 South in Heber City, every Tuesday beginning Oct. 11 until Nov. 22, from 9:30 a.m. to 11:30 a.m. To register, call 435-657-3312.

A recent study discovered that 1 out of 5 American motorists use their phones to surf the Internet. The news concerned Utah traffic authorities. According to them, it's difficult to determine how many accidents are caused by internet surfing while driving. Even if a person is suspected to have been distracted by using their phone, the driver won't always admit it.

Driver distraction is the cause of numerous deadly collisions. The Transportation Institute of the Virginia Tech University says 4 out of 5 crashes involve some form of driver distraction. Using a laptop or accessing the net by phone is not a wise decision behind the wheel. Though you may take pleasure in this, it’s simply distracting and hazardous. Instead, keep your eyes focused on the road and surf afterwards.

Other forms of driver distraction range from a variety of activities such as applying makeup, eating, reading, texting, singing, playing with a pet, or watching a movie. It is really important to take responsibility on the road because operating a car takes engagement of body and mind.
If you or a relative was seriously injured in a traffic accident caused by a distracted driver, contact the Christensen Law Firm to discuss your personal injury case and help you obtain compensation from the at-fault party. Contact us today (801) 506-0800.

Following the last election the Republican Party took over the majority in the House of Representatives. As the majority party, they control the committees and the floor, which in turn determines what bills get a vote and the general agenda of the House.

One of the first bills introduced into the House this Congress was H.R. 5, the Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011.

It is a ‘tort reform’ bill that limits the amount of money that can be sued for in a medical malpractice lawsuit to $250,000.

Tort reform may seem as large of a part of the Republican Party as Abraham Lincoln and the elephant mascot, but it has not always been so.

Andrew Cochran, a political appointee in the Commerce Department during the Reagan Administration, recently published an article What Ronald Reagan REALLY Said About Tort Reform.

Continue reading "Republicans and Tort Reform" »

According to research conducted by the American Academy of Ophthalmology, cataract surgery not only improves vision and quality of life for older people, but apparently it is also a way to lessen the number of car collisions by 12 percent. A cataract is the clouding or hardening of the eye’s lens that affects vision. It is the primary cause of visual impairment in older people.

In the United States, senior citizens account for 13 percent of all traffic accident-related fatalities. All of us know that reaction time and driving skills weaken as we age. Poor eyesight and weaker contribute to slower reaction times.

Cataract is said to affect 1 in every 2 persons over the age of 75. Driving is a highly visual activity that requires a road user to have the eyes regularly checked for possible diagnosis of cataract. A visually-impaired driver is still responsible for a negligent collision. That is why it is important to have your eyes regularly checked.

Attorney Kenneth L. Christensen is a Salt Lake City accident attorney that specializes in car accident and wrongful death cases. He is the author of the free accident book, 7 Biggest Mistakes That Can Wreck Your Utah Accident Case. This book is free to Utah residents and a must read!

McDonalds, hot coffee, is it a legitimate personal injury case? The case was decided nearly two decades ago, but people still talk about it, especially when they are talking about “crazy lawsuits.” Or at least people think about this case every time they are in a McDonald’s drive-thru.

But, there’s a story behind the case of the hot, hot coffee.

Keep smiling because it’s actually really interesting. Take notes and impress your friends and family at the next gathering.

The victim was a 79-year-old woman who was a passenger in her grandson’s car. She ordered a cup of coffee for 49 cents which was served to her in a Styrofoam cup. The grandson stopped the car to allow his grandmother to add cream and sugar to the coffee. She held onto the cup between her legs, trying to remove the lid. Unfortunately, during the process, the entire contents spilled onto her lap, burning her.

She was burned over 6 percent of her body and hospitalized for eight days while the doctors skin grafted her groin area with new skin. After this process, she asked McDonald’s for $20,000 to settle her claim. McDonalds refused.

The case went to trial and McDonalds had to admit that between 1982 and 1992 there were more than 700 similar claims for burns, some even third-degree burns. McDonalds did not act and refused to change anything.

McDonalds served its coffee at 180-190 degrees to “maintain taste” but they never considered the safety ramifications of serving coffee that hot, even knowing that anything between 180-190 degrees would cause third degree burns in two to seven seconds.

McDonalds admitted that anything served over 140 degrees would cause burns and was not fit for consumption, which should have been a concern to an establishment that served food, but they decided to keep the temperature 50 degrees hotter regardless. Though they argued that customers bought hot coffee to enjoy later, for example, at work, their own research showed that customers tried to consume the coffee as soon as they got it. Well, at least they tried once. And probably not again.

And yes, the victim was awarded $2.86 million but McDonalds appealed, the two sides settled, and a final amount remains confidential.

As for the original award of $2.86 million, it is believed that the jury came up with that number from the victim’s attorney who asked for what McDonalds made only in coffee sales for one or two days. That number in 1994? $1.35 million per day.

Some people may continue to look at this case as ‘crazy’ or ‘frivolous’ but it also stands as a good warning to companies to not disregard hundreds upon hundreds of injuries.

If you’ve been injured by a product, make sure to protect yourself. Enlist the help of an attorney from Christensen Law Firm. They have handled numerous cases and ensure accident victims are fully compensated and protected. They offer free consultations, peace of mind, and excellent results. Contact them today at 801-506-0800.

Due to the increase in car accidents caused by teenagers, there has been debate on whether the minimum driving age should be raised. In most states (including Utah) the minimum driving age is 16 years old, while in others, children can drive as early as 14 years old. State legislatures may be forced to revisit this issue in light of a recent study highlighting a staggering number of accidents and fatalities caused by teen drivers.

Researchers at the Center for Injury Research and Prevention at The Children’s Hospital of Philadelphia (CHOP) Research Institute, with support from State Farm Insurance Companies, recently published Miles to Go, a study carefully examining teen driver safety.

They discovered the following statistics:

Continue reading "Accidents Caused By Teenage Driver | Utah Legal Help" »

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.

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.

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.

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.

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.

In the early morning hours of Sunday March 14, 2010, tragedy struck the close-knit Ogden community when nineteen-year-old Joseph Michael Barela crashed into a concrete wall. His passenger, Mikel James Rhoades, 20, also an Ogden resident, climbed out of the destroyed Chevy Cavalier and to find help from a nearby neighbor. When Mikel realized the car started on fire, he quickly returned and pulled Barela out of the burning car. Sadly, Barela died at the scene of this Davis County car crash. Mr. Rhoades was transported via ambulance to McKay-Dee Hospital in Ogden.

What Caused this Davis County Car Accident?

According to the initial investigation, Ogden police Sergeant Chris McAllister reports that alcohol and speeding are the contributing factors of this fiery Utah car crash. The driver, Mr. Barela, was traveling at speeds over 60mph in a 45 mph zone near Ogden neighborhoods around 4 a.m. before losing control and driving through two yards, three driveways, hitting numerous trees and shrubs before finally striking a concrete wall at the residence of 1144 12th Street. The Salt Lake Tribune confirms that no criminal charges have been filed at this time.

I offer my deepest condolences to the families of Joseph Barela as they mourn the sudden loss of a son and nephew. I pray that Mikel Rhoades recovers completely from his injuries.

Liability Issues

This Davis County Utah car crash was indeed catastrophic. At this point in the investigation, Mr. Barela seems to be the at-fault party. It would be well advised that families of both victims meet with a skilled Davis County personal injury attorney that can help guide them through understanding their rights and insurance benefits that are applicable in this tragic car accident. Often times, the complex legalities of insurance policies when dealing with the sudden loss of the loved one can feel overwhelming. The compassionate and experienced Davis County personal injury lawyers of the Christensen Law Firm, PLLC, can help you and your family.

If you or a loved one has been injured or killed in a Utah car accident, please do not hesitate to contact us at (801) 294-9500. We offer an FREE no obligation consultation with a skilled attorney, so that you and your family can get informed and protect your interests.

The driver of the Chevy sedan, Alex Amundson, 21, and his passenger Donald Callison, 18, were killed in an car accident with a southbound TRAX train on Thursday evening of March 11, 2010. The two surviving passengers, believed to be in their early twenties or late teens, remain at Intermountain Medical Center in critical condition.

The car verses TRAX collision occurred around 7pm near Central Avenue in South Salt Lake, about 150 West and 4100 South. Unified Police Department Capt. Clinton Smith confirmed that the crossing arms were down when the late Mr. Amundson, the driver of the Chevy sedan, decided to go around those safety arms in the attempt to beat the train. The TRAX train was going full speed of 55mph when it struck the Chevy sedan, dragging the car 300 feet before it stopped. Fortunately, the force of the impact did not cause the train to derail. The sixty-plus passengers on the southbound TRAX train were not injured.

My heart goes out to the families of these young men who were killed in such a sudden and unexpected Utah car accident. I pray that the two victims, who remain in grave medical condition, may recover fully from their injuries. This is such a tragic accident; please keep the grieving family in your prayers.

Three Ways to Prevent a Car Accident with TRAX Trains

The U.T.A. TRAX transit has been a remarkable addition to the commuting system of the state of Utah. However, in order to maintain commuter rail safety Utah motorists, pedestrian, TRAX riders and others need to be alert and take steps to share the road. The Utah Transit Authority reminds motorists to abide by the following rules:

• Rule #1: Turn left across the tracks only at designated intersection.
• Rule #2: Never stop on the tracks or go around crossing gates when they are down.
• Rule #3: Don’t race the train or try to beat it through a crossing.

Your Options when You are in a Utah Car Accident

The victims’ families in such cases, would be well-advised to seek the counsel of a skilled Utah personal injury lawyer that has extensive experienced in wrongful death claims and working with the insurance companies of government agencies. In fact, there are two statutes of limitations, according to Utah law, that are applicable to this particular accident. These laws significantly reduce the amount of time a claim can be filed; therefore, experienced Salt Lake City wrongful death attorneys can ensure that your legal rights are protected within the stipulated deadlines.

Where negligence or reckless behavior is involved injured victims and families of deceased car accident victims can file personal injury claims and wrongful death claims to seek compensation for their damages. The attorneys of the Christensen Law Firm, PLLC, specialize in assisting victims of Utah Car accidents. Don’t hesitate to call us today at 801.506.0800 to set up a FREE no obligation consultation with one of our experienced Salt Lake City personal injury lawyers.

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.

U.S. Coast Guard Helicopter Crashes in Utah's Uinta Mountain Range

Rescue crews report that the crew members of the U.S. Coast Guard helicopter are fortunate to have survived the Utah helicopter crash that occurred Wednesday, March 3, 2010 near Silver Meadows Lake in Wasatch County. Deseret News reports that this MH-60T Jay Hawk helicopter and another Coast Guard helicopter were returning to North Carolina from the state of Washington where they had been deployed as part of a joint U.S.-Canadian operation for recent 2010 Winter Olympic Games held in Canada.

Utah’s Mountainside make for a Difficult Rescue

The helicopter accident victims were able to get cell phone coverage to call and text for help. It still took the Wasatch and Summit rescues teams more than an hour to reach the Utah helicopter accident site by snowmobile after they had been notified about the accident. Rescue was difficult due to the steep slopes, dense pine forest and deep snow of the Uinta Mountain range. In fact, authorities report that helicopter debris was stuck in the branches of pines trees 100 feet in the air. It is a miracle that the pilot was able maneuver such a crash landing in Utah’s treacherous mountain terrain.

The second Coast Guard helicopter returned and was able to take part in the rescue. The entire crew of the helicopter involved in the crash, which includes four men and one woman, were flown to the University of Utah Hospital for treatment. Three crew members suffered critical injuries including two with serious internal trauma. All three are expected to recover fully from their injuries. The other two crew members appear to be uninjured but have been hospitalized for precautionary observations. An investigation is still being conducted into what caused this tragic helicopter crash.

It truly is amazing that the five crew members of this aviation accident were not killed or sustain life-threatening injuries. As Wasatch county sheriff stated, “They’re very lucky people. He must’ve been one heckuva pilot.” We continue to pray for their speedy and complete recovery.

Aviation Accident Statistics

The most recent statistics on aviation accidents and fatalities are compiled by the National Transportation Safety Board (NTSB), an independent U. S. Federal agency that investigates all civilian aviation accidents that occur within the Unites States.

• In 2008, 1,649 civilian aviation accidents which resulted 564 fatalities nationwide
• 1,559 general aviation accidents which resulted in 495 deaths nationwide in 2008

Finding an Expert Aviation Lawyer in Utah

The search to finding an expert Utah aviation accident attorney can be quite difficult. Most firms do not have experience with this intricate area of law. With the increased popularity of Utah residents owning personal aircrafts, the skilled Salt Lake City personal injury lawyers at the Christensen Law Firm, PLLC, have witnessed more occurrences of general aviation accidents than before.

Whether your tragic aviation accident happened in a small private plane, commercial airliner or helicopter, your personal injury claim is of great concern to us. Aviation law is complex and liability claims can quickly become convoluted. An expert lawyer in plane crashes is essential to ensure your rights are respected and your interests protected.

If you have been seriously injured or lost a loved one in an aviation accident we urge you to contact one of our experienced aviation lawyers at 801.506.0800 to set up a FREE, no obligation, consultation to discuss your legal rights and options.

Early this Thursday morning of February 25, 2010, two teenage kids, allegedly driving under the influence of alcohol, crashed through the home of a 7 month pregnant woman and her one year old son. KLS news reports that Sgt. Ross Huff of the Murray Police Department confirmed that the car landed on the bed next to the sleeping woman. She was able to immediately exit the destroyed room to get her son and run to outside to safety.

Fortunately, the woman sustained minor injuries and her toddler were unharmed in this Utah car accident. The teenage drunk drivers also suffered minor injuries and were treated at a local hospital. Although one of the teens fled from the scene of the accident both were quickly caught by police officers. The teens are reportedly not cooperating with Murray police authorities on answering who was driving. The charges that are pending include: for driving under the influence of alcohol, hit and run with injuries, running a red light and lying to police officers.

I hope that this brave woman fully recovers from her physical injuries and her psychological trauma and that there are no long lasting injuries to the unborn child. I also pray that the toddler was not traumatized by having a car crash through his home.

How Did this Car Crash through a Murray Home?

Witnesses stated that the vehicle driven by the allegedly drunk teen sped through a red light at the intersection of 4500 South and 500 East in Murray, Utah, hit the curb which launched the vehicle into the air. The vehicle then flew 45 feet, onto a parked car and then through the house of the Murray woman. While it seems clear that alcohol was the main factor in causing this Utah hit and run motor vehicle accident, the snowy road conditions could have also played a role.

Complex Insurance Issues Apply in this Bizarre Utah Auto Accident

• Medical treatment to all injured parties
• Property damage to house and fence
• Compensation for all the personal belongings destroyed in the motor vehicle accident
• Property damage to both vehicles involved in this car accident (the car the teen was driving and the parked car that was hit)

There are several factors that influence who will be paying for the medical injuries sustained by the woman, her child and the two at-fault teen drivers. Assuming the teen has auto insurance coverage; his personal injury protection portion (PIP) will cover the initial medical bills for all those injured.

Who Pays my Property Damage?

However, the insurance complexities deepen when we discuss who will pay the property damage portion of this Utah drunk driving accident. As described above, there are clearly thousands of dollars in property damage. More than likely, this teen driver will have only purchased the bare minimum requirements for collision coverage in Utah. The insurance company will only pay up to those limits which usually leaves the victims responsible for any further damages associated with this accident.

Do I have Home Owner’s Insurance?

To receive further compensation for property damage and other costs, the victim may be able to file claims under the at-fault party and their own home insurance policies. We highly advice that the victim and her family contact an experienced Salt Lake personal injury attorney right away to discuss her legal rights and options as well as the intricacies of the insurance world that she is about to face.

Resources Available to Victims of Utah Accidents

The Christensen Law Firm, PLLC, is a premier law firm that specializes in handling these types of accident cases. Whether you have been in a Utah car accident, pedestrian accident, drunk-driving accident, motorcycle accident, bicycle accident or hit and run accident; our experienced and compassionate attorneys will make sure you are informed about your case during the entire legal process. We will ensure you receive the settlement you deserve. Call us today at 801.506.0800 for a FREE consultation with an attorney or to order a FREE copy of Ken Christensen’s guidebook “7 Biggest Mistakes That Can Wreck Your Utah Accident Case.”

Three Quick Tips

• Drivers and passengers that sustain injury in a car accident will each have a separate claim against the responsible party.
• Victims of Utah car accidents can file a personal injury claim against the driver of the vehicle they were a passenger when that motorist was the at-fault party.
• It’s common myth that if the driver of the vehicle was uninsured, there are no options or protections for the injured passengers.

Who Pays My Medical Bills?

According to Utah No-Fault Law, the primary insurance company for passengers who sustain personal injuries in a car accident is the insurance company of the driver/owner of the vehicle involved in the accident. This insurance company will provide the initial medical pay through Personal Injury Protection (PIP) benefits purchased by the driver. In Utah, the minimum amount of PIP coverage motorists must buy is $3,000 per person. While this amount is rarely adequate to pay all medical bills associated with treatment for victims of auto accidents, it does help. Unless the driver of the vehicle you were a passenger of did not purchase insurance, you and that individual should each have at least $3,000 for treatment costs.

Multiple Insurance Benefits May Be Available to You

What most Utah residents are unaware of is that there are several types of insurance policies and benefits that can be applied simultaneously for specific types of motor vehicle accidents that involve injured passengers. However, with all insurance policies, there is fine print that can be difficult to understand. Filing paperwork incorrectly or providing certain types of information in recorded statements can negate your right to access these benefits. We highly recommend speaking to an attorney before signing or agreeing to anything.

Also, depending on the type of accident, the passenger who was a victim of a car collision may be entitled to multiple insurance claims and settlements. Again, the legalities and issues surrounding these areas are complex and best navigated by an personal injury attorney who has significant experiences with working with numerous insurance claims at one time and extensive knowledge of Utah law.

Case Study

Mary M., one of our clients, was involved a passenger in a vehicle that was t-boned during a snowstorm a few years ago. Unfortunately, Mary sustained serious injury that required intensive surgery that required her to miss months of work. In his immediate investigation, Attorney Ken Christensen discovered that Mary qualified for benefits under four different auto insurance policies, including her own insurance coverage. By acting quickly and efficiently, Mr. Christensen successfully constructed a clear plan of how each policy would provide maximum benefits without “stacking” or breaking any state law.

With mounting medical bills and not being able to work, Mary faced debt; however, due to the ability Mr. Christensen demonstrated in collaborating insurances’ med pay, loss of services etc. the potential financial damage was thwarted. In the end, Mary received substantial settlements from each insurance company and has been able to fully recover from her injuries.

Seven Biggest Mistakes that Can Wreck Your Utah Accident Case

Attorney Ken Christensen wrote the book on how to handle the Utah Accident Case. His expertise and knowledge of Utah accident cases makes this book a valuable resource. This book corrects the many of the myths associated with insurance claims. Most importantly this book translates the complicated legal and insurance jargon into plain English, providing readers with the opportunity to better understand their case and make informed decisions. Visit us online at www.utahaccidentbooks.com or call us at 801.506.0800 to obtain your FREE copy of 7 Biggest Mistakes that Can Wreck Your Accident Case today.

Importance of Hiring an Experienced Utah Personal Injury Attorney

At The Christensen Law Firm, PLLC, we have extensive experience in representing victims of Utah auto accidents involving uninsured motorists. Being involved in a Salt Lake City car accident can result in serious injury and trauma and the financial burdens involved are very real. Our attorneys can help you in negotiations with insurance companies concerning compensation for medical and auto repair costs that you have paid. If you or a loved one has suffered such an injury, you may contact us online or call us at 801-506-0800 (Main number), 801-224-2999 (Utah County) or 801-294-9500 (Davis County) to set up a FREE consultation to discuss your legal rights.

National and Statewide Statistics

Statistics provided from the Utah Department of Health and the Violence and Injury Prevention Program demonstrate that:

• 85% of children ride in seats that are not properly secured or that are not appropriate for their age and size.
• In the US, 2/3 of child fatalities in car accidents are due to improper safety seats.
• Each year, more than 500 children are hospitalized for traumatic injuries in Utah
• Every hour a child is resulted to an emergency room after being injured in a car crash

Utah Child Safety Seat Laws

The medical community and public are overwhelmingly expressing their disappointment that in this 2010 Utah Legislative Session, the House Panel is in favor of implementing House Bill 113 which would lighten up the current Child Safety Seat Law. The Salt Lake Tribune reports that representatives from Primary Children’s Medical Center, the American Academy of Pediatrics and the National Child Passenger Safety Board were frustrated with the proposed changes in the bill because they aren’t addressing child safety but rather legalizing unsafe child safety measures. Dr. Charles Pruitt, medical director of Primary Children’s hospital in Salt Lake stated, “I am, frankly, angry, sick and tired of seeing dead children come into my emergency room because they were not restrained properly.”

Proponents of HB113 argue that the way parents protect their children is a freedom and a state right—not a decision to be put in the hands of the government. Mr. Herrod, Representative from Provo stated, “ I get frustrated with do-gooders that try to tell parents what to do. If they’re out to protect kids, they should go after alcohol.” Advocates of Children Safety groups and who oppose HB 113 argue that just as Utah has a statewide seatbelt law and a basic helmet law, it is a lifesaving practice to require parents to properly restrain their children car seats and booster seats. These advocates argue that children are too young to make the decision to stay safe and not all parents will keep their children safe. Also, emergency room visits and injuries cost the state millions in dollars—injuries that could very well be prevented if the child was properly restrained.

What is HB 113

House Bill 113 would repeal the mandatory booster or safety seat for 5-8 year olds and allow these children to be restrained by a normal seat belt if:

• The available safety seats are occupied.
• The vehicle travels no farther than four miles from the child’s residence. A few examples of these types of short trips would be transportation to school, church or grocery store outings.
• The street on which the child is traveling on does not have a speed limit in excess of 45 mph.

Child Fatalities in Utah Car Crashes

As an experienced Salt Lake personal injury attorney, I have been most fortunate to help many victims of Utah car accidents successfully obtain a fair and just settlement for their injuries, pain and suffering that was caused by another’s negligence. It is difficult to see so many children who have sustained traumatic injuries due to not being properly restrained in a car seat. Many of these injuries and child fatalities could have been prevented if the child had been in a car seat or booster seat. My clients are often times surprised to learn that motor vehicle crashes are the single largest threat to the lives of Utah Children. According to the Utah Department of Health, each year, more children are killed in Utah car accidents than cancer, homicide, suicide, heart disease, pneumonia and diabetes combined.

Hiring a Personal Injury Attorney who is Experienced with Children’s Accidents

Auto and bike related accidents involving children are all too common. Drunk, fatigued, over extended, angry, and distracted drivers can potentially cause serious harm to your child. When your child is not properly restrained in a car seat or booster seat, who is responsible for your child’s injuries becomes convoluted and insurance companies will try to use comparative responsibility to negate the amount they have to pay victims. Dealing with insurance companies can be quite frustrating.

This is why it’s very important for parents and guardians of injured children to get legal guidance ASAP from experienced professionals. If your child was injured in the State of Utah, you can turn to the battle-proven team here at the Christensen Law Firm, PLLC. We are a client-centered firm that focuses exclusively on personal injury law. Please look over our materials at UtahPersonalInjuryLawFirm.com or call us today at (801) 506-0800 to discuss your childhood accident case.

Summary

Charlotte Kirk, a 55 year-old Salt Lake City woman, died in a car accident on Monday February 1, 2010. The fatal car accident occurred around 6:30 pm on Redwood Road in Taylorsville, Utah. Ms. Kirk was attempting to make a left hand turn when her truck crashed collided with an oncoming vehicle. The passenger in Ms. Kirk’s truck and the driver of the other truck were both critically injured in the motor vehicle accident. Both were transported to Intermountain Medical Center via ambulance where they continue to receive medical treatment for the traumatic injuries they sustained. Detective Shannon Bennett of Taylorsville Police Department confirmed in a Salt Lake Tribune interview that the investigation is ongoing. Until the cause of the Utah car accident is established, citations will not be issued to either driver.

My heart goes out to the family and friends of Charlotte Kirk for their tragic and untimely loss. I offer my deepest sympathies to them. I hope the two injured victims make a complete and full recovery from their injuries sustained in this catastrophic accident.

Statistics on Left Hand Turn Accidents

• 42% of all motorcycle verses car collisions involve left turn accidents

Usually the motorist is the at-fault party in left hand turning accidents. The operator of the motor vehicle turns left in front of an oncoming motorcyclist that they fail to see. Unfortunately, the motorcyclists and their passengers commonly sustain catastrophic injuries in these types of accidents.

Who is At-Fault when Turning Left on a Yellow Light?

Failure to yield to the right of way of oncoming traffic when making a left turn is considered negligence. The operator of the vehicle that is turning left is usually cited and officially considered responsible for the accident even if the light was yellow. There are factors that come into play in these types of accidents. If the light was changing to red and the oncoming vehicle sped past the speed limit to make the light, that motorist may be at fault. If other cars in the oncoming lanes had already stopped, this car should have stopped as well. It is imperative to get the witness statements and their contact information at the scene of an accident to clarify these circumstances. Insurance companies will point fingers in their attempt to fight liability. It is wise to contact an experienced Salt Lake City personal injury attorney in this situation. It is proven that an attorney is more likely to get the at-fault party to accept responsibility for the accident. Remember:

• Be extra cautious when turning on yellow lights
• Wait for the oncoming vehicles to slow down to a stop before turning
• Get witness statements and contact information from witnesses
• Take photos of the scene of the accident

The American Bar Association Journal has reported on an interesting litigation case taking place in California between two law firms. Brayton Purcell, a large personal injury law firm located in Northern California with fifty lawyers in employment, has filed a lawsuit against a two-lawyer firm for using its copyrighted website content. The defendant law firm, Recordon & Recordon, is located in San Diego, and tried to get the lawsuit dropped by claiming the Northern District of California was an improper venue for the suit, since the law firm’s practice is limited to Southern California. The 9th U.S. Circuit Court of Appeals, based in San Francisco, disagreed with the defendant, asserting that the venue is proper since Recorden targeted a Northern California law firm.

Stephen Recordon, a partner of the defendant firm, says that his firm hired a vendor to create its website. This vendor stole Brayton Purcell’s content without Recordon’s knowledge. The law firms “agreed to binding arbitration in the suit,” which found the defendant firm one-third responsible for violation of copyright. Recordon & Recordon must pay over $24,000 in statutory damages, as well as an additional $37,000 in court fees and costs

KSL News reports that 319 new laws have gone into effect in Utah today, May 12, 2009. Two of these laws in particular are aimed at cracking down on traffic safety throughout the entire state. The first law aims at reducing distracted driving by banning text-messaging while driving a vehicle. This new law will enact strict consequences for drivers caught text-messaging while behind the wheel. According to research, texting reduces a driver’s reaction time by 35%. It is estimated that one-fifth of all adult drivers send text messages while driving. While Legislators hope this new ban will reduce distracted driving, law enforcement officials worry it will be difficult to enforce. Police officers may find it difficult to know whether a driver is text-messaging or simply scrolling through the phone’s contact list to make a call.

Continue reading "New Laws Hope To Make Driving Safer in Utah" »

If the accident was your own fault and not caused by the negligence of another party, then the answer is “no.”

However, if the accident was caused by someone else and they did not have insurance or the insurance they had was insufficient to fully compensate you for all your injuries and damages, then “yes,” you can make a claim under your own insurance policy for pain and suffering and other damages directly caused by the accident.

When someone is involved in an accident with an uninsured driver, then the injured party is able to make a claim under their Uninsured Motorist Coverage of their own automobile insurance policy. For Uninsured Motorist claims, that the injured party’s insurance company actually steps in the shoes of the at-fault driver and defends the claim against you as if they were actually the negligent driver.

Continue reading "Can I Receive a Pain and Suffering Settlement From My Own Insurance Company?" »

The New York Times recently ran a series of articles examining the struggling system of worker’s compensation. Worker’s compensation cases (and general personal injury claims for that matter) are often decided on the opinions of independent medical examiners. However, these examiners have come under scrutiny as many lawyers and doctors say they understate workers’ injuries in order to win business for the large insurance companies who pay them. Furthermore, the legal system harbors delays that force the injured worker to wait months or even years for monetary compensation or medical care. A recent study found that when an insurance company rejects a medical procedure such as an operation, it takes an average of four months to properly settle the claim. Meanwhile, the injured worker is left without proper care and his/her injuries do not properly heal.

Many workers have become so disenfranchised with this system that they simply do not file for worker’s compensation. Rather, they simply rely on their own medical coverage or apply for Social Security disability or welfare. So, costs that should be paid by the employer fall into the hands of the public. The decline of worker compensation claims is also the result of the battles between the company and the workers. Companies go to astonishing lengths to reduce the compensation they have to pay by bitterly contesting the injuries, checking on the workers at home, and even firing workers who file for benefits. This type of retaliation has led many injured workers to avoid filing claims out of fear of retribution.

Many states are issuing laws that require cameras on red light signals. These cameras take a picture of the license plate of vehicles running red lights. They have allowed law enforcement officials to crack down on this extremely dangerous traffic violation. Red light cameras also capture pictures of drivers speeding, illegally crossing rails, or violating tolls.

Nationwide, 21 states and the District of Columbia have laws that permit these cameras for at least one type of traffic enforcement. Although Utah permits red light cameras, their use is strictly regulated.

Continue reading "Red Light Cameras and Traffic Citations" »

If you’ve ever bought a new car, you know what a rush it is. There’s the new car smell, the feeling of power as you hit the accelerator, and the peace of mind knowing that you’ll have a reliable ride for a long, long time.

But what happens when that new car isn’t so reliable? When you wake up one morning and have to come to terms with the fact that you’ve bought a lemon? At www.LemonJustice.com Lemon Law Sergei Lemberg offers an overview of Utah lemon law.

Sergei notes that every state has a lemon law, but that each of them is different. Under Utah’s lemon law, some vehicles qualify as lemons and others don’t. If you’ve bought or leased a new car, SUV, van, or truck less that weighs less than 12,000 pounds, you’re covered. If you buy an RV, you’re covered if you have a problem with the chassis (but not the living quarters). If you buy a motorcycle – yep, you’re covered.

Now, on to definitions. In order to be considered a “lemon,” your vehicle’s defects have to affect its use, safety, or value. In other words, if it’s something minor, you don’t have a case. According to Sergei, the other catch is that the defects have to occur during the first year from the delivery date or the expiration of the warranty – whichever comes first. In addition, the vehicle must have been taken in four times for the same problem or been out of service for a total of 30 days during the first year or the warranty period, whichever comes first.

Sergei is quick to point out that manufacturers have teams of lawyers that do nothing but fight lemon law claims, and that battling them will be much easier with a lemon law attorney at your side. The good news is that, if your claim is successful, the manufacturer has to pay your attorney fees. That being said, with the help of a lawyer, you can often get a refund, replacement vehicle, or cash settlement without having to go through the entire lemon law process – and get your attorney’s fees covered in the process.