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.

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.