In previous blogs, Utah wrongful death lawyers have described what a wrongful death entails-- a type of civil suit filed by the family of a victim against the person whom they deem responsible for the victim’s death. Wrongful death is the kind of civil suit most often managed by a personally injury law firm, such as the Christensen Law Firm. In addition to understanding ‘what’ it is, understanding ‘when’ it is helps to understand the varied circumstances in which a wrongful death occurs. This knowledge will help you know how to react and what to do in the event you find yourself in such a circumstance.

Utah wrongful death scenarios

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

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

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

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

The boat that killed University of Utah Biologist, Esther Fujimoto was found and a man who had been aboard willingly gave his statement to police about what happened.
According to a witness, while swimming in Pineview Reservoir August 21st Fujimoto was struck by a boat which then stopped and the people aboard talked to her before driving off. Whether it was accidental negligence or intentional has not been determined or released as of now.

Water safety is something that needs to be practiced by swimmers, novice and experienced and by those navigating watercraft. Expertise cannot make up for carelessness when it involves a powerful and possibly destructive machine and a person’s life.

It is not just children that need to be monitored in the water. According to the Centers for Disease Control and Prevention, “the percent of drownings in natural water settings, (natural water includes lakes, rivers and the ocean), increases with age.” Adults need to be equally aware of themselves, each other and watercraft around them. While they are no match for the power of a boat, the time they give themselves to get to safety because they are aware of something approaching could mean the difference between life and death.

Whether it is in a vast ocean or the comfort of your pool at home caution needs to always be the first priority. “Drowning is the sixth leading cause of unintentional injury death for people of all ages.”

Laws govern roadways, railways, and many, if not all places where transportation craft operate. So it would only make sense to have laws pertaining to the right of way pertaining on the water. Utah is not currently without laws dictating boating behavior, where fishing is allowed, and where swimming is not allowed. But the swimmer/boater relationship in open water needs more protection and more legislation. Places such as New Hampshire have recently realized the need for this kind of legislation and passed the New Hampshire SB362, which gives kayakers and swimmers the right of way in open bodies of water.

If you or a loved one have been effected by an unintentional injury or death involving drowning you need an experienced attorney that can explain your legal options. Call the boating attorneys at the Christensen Law Firm today at 801.506.0800.

Death can come in many forms, but what qualifies Salt Lake City wrongful death attorneys’ involvement when a loved one dies? Only the executor of the deceased person’s estate, which is usually a family member, can file for wrongful death. However, a wrongful death case can seem more complicated than other cases because the causes can be so varied. Here is a list of some of the following types of wrongful death cases.

Top 5 Categories of Wrongful Death Cases?

The majority of wrongful deaths happen in five ways:
1. Defective Drugs—this is when a company knowingly hides the side effects of a certain drug.
2. Defective Products—when a company fails to acknowledge a defect in one of their products, or they don’t report the defect to consumers.
3. Medical Malpractice—this involves a medical mistake, or possible misdiagnosis.
4. Toxic Exposure and Poisoning—this usually occurs when an employer knowingly exposes employees to harmful substances without taking proper precautions.
5. Accident and Injury—in this type of case, wrongful death can be pursued if the death resulted because of another person’s negligence.

The most common types of wrongful death comes under accident and injury because the causes of death are so varied. While people left behind will still struggle with the loss of a loved one, compensation for a wrongful death can offer them closure after a difficult ordeal and cover certain expenses including medical and hospital expenses, funeral costs, and sometimes survivor benefits.

Salt Lake City Wrongful Death Attorneys Information

Death is difficult to manage in any case, but especially if a loved one’s death may have come because of the negligence of another party. Regardless of the kind of wrongful death case, an attorney can help make the process easier. If you would like a no-obligation consultation concerning your possible wrongful death case from the ">Salt Lake City wrongful death attorneys at the Christensen Law Firm, call 801-506-0800.

A 4-year-old boy died after he was run over by a family friend in Neola, Duchesne County, UT, on June 23. A woman was walking with her toddler, Cole, near 9180 North and 2160 West when a man, whom she knew, drove up beside her in his pickup truck and stopped to talk with her through his side window. When the man drove away, he didn't realize that the boy had ridden his bike in front of the truck. The man struck the boy driving less than 1 mph, yet the boy sustained fatal injuries.

There seems to be a mistaken belief that the worst collision injuries take place at the highest speeds, yet this is only true to some extent. An additional factor is the rate at which your vehicle slows down. Every motor vehicle mishap actually implicates three separate collisions: auto versus object, body versus auto, and internal organs versus body. The strength at which these crashes arise will decide on how badly an occupant or pedestrian is harmed. Even at relatively low speeds, an immediate stop will make use of incredible forces on the body.

If you or a loved one was injured in a run over accident, call the attorneys at the Christensen Law Firm to receive timely advice at a complicated time. A skilled attorney can compassionately guide you through this ill-fated situation and help you get your life back in order. For a free consultation contact the Christensen Law Firm at 801.506.0800.

Actions can be taken to fatal car accidents and in the wake of all the celebrations concerning the Royal Wedding it is impossible not to remember the fatal car crash that killed Princess Diana. Many people remember the incident on August 31, 1997, when Diana, Dodi Fayed, Trevor Rees-Jones, and Henri Paul were traveling in a Mercedes-Benz that collided with a pillar in the Pont de l'Alma road tunnel in France. Trevor Ress-Jones was the only one who survived and it was ultimately determined that the crash was caused by the driver Henri Paul who was under the influence of alcohol and medication.

Drunk Driving Statistics

In 2009 according to the National Highway Traffic Safety Administration (NHTSA) in the United States 33,808 people died in traffic crashes. Of this number, 10,839 people died in crashes related to alcohol-impaired driving. This means of all the traffic deaths that year drunk driving fatalities accounted for 32%.

Actions Can Prevent Fatal Accidents

If a driver’s blood alcohol concentration is .08% or higher they are over the legal limit. According to the Utah Department of safety when the blood alcohol concentration is that high, the risk of a crash increases to 6 to 10 times normal probability. There is a reason why the Division of Highway Traffic Safety began the Drunk Driving - Over the Limit. Under Arrest message. People need to be reminded of the risks, so if a celebration involves a lot of drinking remember to schedule a designated driver.

Another simple yet necessary action to prevent driving fatalities is the use of a seat belt. During the period between 2005 and 2009 seat belts saved over 72,000 lives and the NHTSA has estimated 12,713 lives were saved in 2009 because of the use of seat belts in vehicles. In fact, another factor that led to Diana’s death was her decision not to wear a seat belt while riding in the car.

Simple actions can prevent a lot of pain when it comes to driving. As the summer driving season begins, just remember to be aware of others on the road to prevent driving fatalities. If your loved one has been involved in a fatal car accident, contact the Utah car accident attorneys at the Christensen Law Firm at 801-506-0800 to learn how we can help you today.

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" »

Tyler's family had to consider filing a wrongful death case shortly after his 16th birthday. Tyler Hill was 16 years old and loving life. His 6’2”, 215-pound frame, coupled with his dark hair and friendly personality, made him not just a champion athlete on the rugby and football field, but also in the classroom and among his peers. Although he had been diagnosed with diabetes at the age of five, he was in full control of the disease by the time he hit adolescence, and never let it stop him from doing the things he loved. So when he heard about the opportunity to go to Tokyo with the People to People Student Ambassador Program, he jumped at the chance. Along with sports, Tyler loved history, and was eager to create his own little piece of it in the world.

But Tyler’s parents were concerned. They weren’t sure that Tyler’s special medical needs could be adequately met halfway across the world and far from his doctor. But when the Ambassador Group assured them that each student would have access to 24-hour emergency medical care at all times while abroad, the Hills consented. After all, they reasoned, nothing that bad could happen if medical personnel were always immediately accessible.

Less two weeks later, Tyler was dead.

Continue reading "Tyler Hill's Wrongful Death Story" »

According to KSL.com, a Salt Lake City woman was killed in a fatal rollover accident. 51-year-old Gillian Dickensen was taken to the hospital with critical injuries January 8, 2011 after her car drifted off I-15 and rolled. She died a short time later. Dickensen's car drifted out of the right lane and hit a small ditch causing the car to roll over. Investigators say Dickensen was not wearing a seat belt.

During a rollover, a proper seat belt restraint is one of a driver’s last lines of defense against impending harm. It keeps a person from being ejected, which can save the occupants from several different types of fatal injuries. Unfortunately, despite the fact that about half of the people killed in traffic collisions are not buckled up, many people still say no to seat belt use. They do so because they feel being a good, "safe driver" is enough to protect one from an imminent danger. This is not a sound justification since good drivers cannot prevent negligent drivers from hitting them.

Continue reading "Statistics Prove That Seat Belts Save Lives | Utah Rollover Car Accident Attorney" »

Two people are dead and another is in critical condition after a crash near Camp Williams during the evening hours of October 24, 2010. Authorities say that the wet weather may have played a role. According to the Bluffdale Police Department, the driver of a sedan was headed southbound and somehow lost control and struck an SUV. The driver and passenger in the sedan died at the scene. The female driver of the SUV is in critical condition. Her husband and three children only suffered minor injuries.

We offer our deepest sympathies to the families involved in this tragic accident. Please keep them in your prayers.

When the weather becomes worse, the risks of a car accident significantly increases. Government data shows that bad weather condition is accountable for almost a quarter of all road crashes. When the weather conditions turn bad, drivers should make certain they use extra precautions, as they are still responsible for accidents, even if the bad weather contributed. If you or a loved one has been injured or killed in a car accident, be sure to get a FREE copy of our Utah Accident Book, 7 Biggest Mistakes That Can Wreck Your Utah Accident Case, and How to Avoid Them. The information found in this book is priceless.

A 37-year-old woman was killed in a two-car crash near Grantsville September 25, 2010. The Utah Highway Patrol says that a man driving his Porsche westbound on State Road 138 turned left in front of the woman’s Nissan pickup. The pickup’s driver, Angela Bouwman, was ejected and sustained serious head injuries. She was flown to University Hospital where she passed away. The driver of the Porsche suffered two broken legs.

We express our deep condolences to the family of Angela Bowmann.

Continue reading "Woman Killed in Tooele County Car Crash" »

A 77-year-old woman from Sandy, Utah passed away after she was hit by an SUV in a crosswalk. Harriett Sutton was crossing eastbound on 9400 South when an SUV struck her. The 18-year-old driver of the SUV says he did not notice the woman in the crosswalk. Police are investigating whether the teenage driver was texting or talking on a cell phone. Sgt. Troy Arnold calls this tragic accident a reminder for all drivers to be watchful around crosswalks. The law is obvious that drivers have to yield to pedestrians, even in a green light.

Children younger than 10 years and adults aged 65 and above are the most vulnerable to injuries in a road accident. 2 out of 5 vehicular accident deaths in these age groups were pedestrians. Pedestrian deaths rates are higher in cities. This is likely due to the fact that traffic volumes and pedestrian activities are increased in these areas. Not following traffic rules by both drivers and pedestrians is one of the major reasons why these accidents occur. When a driver speeds beyond the allowed limit, it adds to the seriousness of pedestrian injuries. Drivers also need to refrain from distractions such as talking on a cell phone.

Firefighter and paramedic Bruce McGowan was killed after a tragic head-on collision in Magna, Utah. According to KSL News, he was driving on Interstate 80 on his way home to Midway after his shift on September 11, 2010. The driver of a Jeep Cherokee lost control, crossed over the median, and smashed McGowan’s Volkswagen Jetta. McGowan died at the scene. Firefighters are mourning over the loss of the colleague they considered as one of their brothers. According to Battalion Chief Clint Smith of the Unified Fire Authority, "Bruce is just one of those guys that you loved to be around, he made the station an enjoyable place to be."

We offer our deepest sympathies and condolences to the family and friends of Bruce McGowan.

A head-on collision involves two vehicles moving in opposite directions which usually meet front bumper to front bumper. Majority of injuries are brought about by automobiles swerving into road shoulders. This type of accident is more likely to result in death than any other car collisions. Studies have proven that poor driver assessment and loss of vehicle control are to blame for head-on collisions.

If you or your loved one is a victim of a crash because of the fault of the other driver, do not hesitate to contact the Christensen Law Firm at 801-506-0800 for a free consultation with our experienced Salt Lake City Car Accident Lawyers. You can also obtain a free copy of our Utah Accident Book, “7 Biggest Mistakes That Can Wreck Your Utah Accident Case” by clicking on this link.

When a parent is killed in a car accident, the family members suffer enormous emotional turmoil. This turmoil is known by many as grief. Grief can be defined as "the response you experience as a result of loss. This could be emotional - sadness, anger, disbelief, despair and even guilt and relief are responses that may come with grief."

It can be difficult dealing with grief from the weakened health or death of a parent. If a parent is lost during childhood or teenage years, pain's scar can be felt until the moment of forgetting and moving on is reached. Even when death is expected, grief can seriously impact those left behind. Death is still death, and a parent or loved one has been lost.

In Washington County, just this July 18th, Russell and Emelda Welsh, a couple from Pennsylvania were killed in a crash on Interstate 15. Based on the news provided by KSL.com, a Kia SUV approached an area where traffic was backed up due to construction and a lane closure. Because of the victim's fast driving, he lost control making a semitrailer heading north near Pintura turn sharply into the southbound lanes and hit them head on.

Untimely accidents like these happen and children suffer the most because they grow up dealing with the grief and memory of their parents' death. However, focusing on the grief may only make things worse. The person-at-grief needs to find healthy outlets to deal with stress and emotional attachments. Talking about the problem, learning how to identify and explain your feelings, changing situations or events that activate feelings of depression and stress, proper exercise and diet are all significant actions you can take to deal with these feeling in a healthy way.

When a loved one is lost relatives need to support orphaned children for them to be able cope with the difficulties created by losing a parent. Family members should be on the lookout for depression or trauma symptoms created by the sudden loss of loved ones. A trained grief therapist can help a family with their new responsibilities and relationships after a parent has died.

Fifteen-year-old Macala Holloway passed away June 6, 2010 after a difficult battle with a traumatic brain injury (TBI). In early February, Macala was struck by a car on the crosswalk at 2700 West in Magna on her way to school. The force of the impact threw her nearly 100 feet, and she suffered serious injuries to her head. She was flown by helicopter to the University of Utah Medical Center in critical condition. Four months later, she passed away from her injuries.

“The sorrow and pain we are feeling right now, we cannot find words to describe it,” said Terry and Rebecca Ewell, Macala’s parents. “Our hearts are breaking – it hurts something fierce. We look at all the things she is going to miss out on. It is not fair; parents should not have to bury their children.”

Utah wrongful death attorneys at the Christensen Law Firm are helping Macala's family through the legal steps of a wrongful death claim, but the medical bills and other expenses associated with this case far exceed the driver's car insurance limits. To help with these expenses, Zions Bank set up a charitable fund to assist in paying for Macala’s funeral expenses. Donations can be made at any Zions Bank branch in the name of Macala Holloway.

Our thoughts and condolences are with Terry and Rebecca Ewell as they mourn Macala’s passing. They are amazing parents and have been perfect examples on how to handle such difficult circumstances.

Continue reading "West Valley City Teenager Macala Holloway Dies From a Traumatic Brain Injury" »

“Prescription drug misuse and abuse is now competing with street drugs. It is the fourth highest rate of use behind alcohol, methamphetamine, and marijuana use,” Salt Lake Police Chief Chris Burbank told Deseret News reporters on April 28, 2010.

"Drugged Driving" Causing Car Accidents

On April 24, 2010, my clients, Marcy and her husband, Steve, were driving home on Interstate-15 near Sandy when they were involved in a rear-end car accident caused by a woman traveling at speeds over 80 mph! The at-fault driver was obviously impaired as she attempted to flee the scene. Fortunately, several other motorists who had witnessed the accident were successful in detaining her until the Utah Highway Patrol officers arrived. The 23-year-old woman admitted to taking prescription drugs that she was not prescribed as well as excessively drinking at a party she had just left. This woman was arrested for a DUI, DWI and she was cited for following to close.

Marcy and Steve were taken via ambulance to a local hospital. Marcy sustained serious neck and spinal injuries. She is currently treating for this pain and for continued tingling and numbness in her fingers tips. In addition to his spinal injury, Steve, who was the front seat passenger, sustained several facial lacerations from the glass of the broken windshield. With therapy and continued treatment, I am happy to report that this young couple will recover fully from the injuries they sustained in this drunk and drugged driving accident. This accident could have been much worse—especially with the excessive speeding factor.

Drugged Driving on the Rise in Utah

In a 2006 study conducted by the U.S. Department of Health and Human Services showed that Utah has the highest rate in the country for nonmedical use of prescription pain relievers.

Prescription drug deaths are the leading cause of injury deaths in the state of Utah. When someone who has abused this medication or consumed a prescribed dosage that is too much for their body to handle, gets behind the wheel of a vehicle, this individual suddenly becomes a serious hazard to other commuters and themselves. The level of impairment varies with the drug amount and type, but a “drugged driver” commonly displays the following symptoms:

• Reduced reaction time and brain control
• Delayed body movement
• Limited control of balance, coordination, memory, judgment and sensation
• Reduced attentiveness, perception of time and speed

Driving under the influence of drugs is an unspoken danger on Utah roads. Until their tragic accident, my clients had no idea that “drugged driving” is a substantial problem. Another common misconception is that DUIs are limited to illegal drug use. However, it is prescription drug abuse and problems with the actual amounts prescribed by medical doctors are on the rise in Utah. 10.2 million Americans admitted to driving when impaired by drugs in a survey conducted by the National Survey on Drug Use and Health. This number includes both those who abuse prescription drugs, those take the prescribed dosages correctly but find that they are impaired while driving and those who use illicit drugs. This number also reflects individuals who consciously choose to get behind the wheel when they know they are impaired and unfit for the responsibility of driving. The risk of causing a car accident with injuries or even fatalities is increased substantially. This is a preventable crisis that clearly needs to be eliminated; unfortunately, it currently is a rising problem in Utah.

Utah Statistics on Prescription Drug Abuse

• Since 2000, Utah had a 400% increase in prescription drug deaths.
• In 2008, 277 Utahns died of non illicit drug overdoses.
• In 2009, 310 Utahns died of non-illicit drug overdoses.

How to Hire the Best Auto Accident Attorney for Your Needs

If you have been seriously injured in an accident caused by a drunk driver or by a drugged driver, you will need the experience and skill of the best Utah personal injury and auto accident attorneys. The personal injury lawyers of the Christensen Law Firm, PLLC, will work aggressively to ensure that your legal rights are protected and that you receive the best possible settlement for your specific case. By taking legal action you also ensure that the wrongdoer is punished so that future DUI accidents may be avoided.

To schedule a FREE no obligation consultation with one of our highly skilled Utah persona injury and auto accident attorneys, contact Cara by calling 801.0800.

“Drunk driving-related car accidents make up more than 24% of all auto accidents in Utah each year”

Reality Check: DUI Consequences for Both the Driver and the Victim

Driving under the influence of drugs or alcohol is a very serious criminal offense that is not taken lightly in Utah courts. Being arrested for a DUI is just the beginning of a long process of reparations. For example, after being arrested for a DUI, former Senate majority leader Sheldon Killpack had his driver’s license revoked by the DMV for 18 months, he will have a breathalyzer installed in his vehicle for 3 years after his license is reinstated and he may be an alcohol restricted driver for 5 years. This means he is restricted from driving after consuming any alcohol. Period.

However, these consequences of driving under the influence of alcohol are much less significant than the injuries and even deaths that result after car accidents caused by drunk drivers.

Case Study: The Tragic Death of a 25-year-old Utah Man

The tragic death of Michael Peterson of Sandy, Utah, is a reminder of the permanent and horrific consequences of drunk driving. On March 23, 2010, Michael Peterson and his friend, Jeremy Kemple, were driving home from celebrating Mr. Peterson’s 25th Birthday, when a drunk driver hit them. Michael Peterson was killed instantly. Jeremy Kemple sustained catastrophic internal injuries that will have long term effects on his life. In fact, a month later, and Mr. Kemple is still in the hospital. The lives of the victims and their family members and loved ones have forever been altered due to the reckless behavior of a 26-year-old motorist. We extend our deepest sympathies all those who have suffered in this tragic traffic accident.

Sobering Facts: Utah Drunk Driving Statistics

The National Highway Traffic Safety Administration reported in their 2007 Fatality Analysis for Utah that:

• 7,204 people were arrested in Utah for drunk driving
• 56 people were killed in drunk driving accidents

It is an act of negligence for drivers, who have been drinking, to choose to get behind the wheel of a vehicle and drive. These individuals choose to put not only themselves but other drivers and innocent bystanders on the road in great danger. The experienced auto accident attorneys of the Christensen Law Firm will aggressively work to ensure that victims receive fair and just compensation for the injuries they have sustained in drunk driving related car accidents.

You can contact us at 801.506.0800 to schedule a FREE no obligation consultation with one of our skilled Utah auto accident and personal injury lawyers.

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.

Utah Highway Patrol (UHP) confirmed that 46- year- old Troy Palmer of Herriman, Utah, was killed yesterday afternoon in a single rollover accident on Interstate 215.

What Caused this Fatal Rollover Car Accident?

The UHP are still investigating the fatal rollover accident that occurred around noon on April 20, 2010. The late Troy Palmer was driving a Chevrolet Tahoe through the entrance of the on ramp leading to westbound I-80 from northbound I-215 when his vehicle veered off the right shoulder and rolled at least one time. The three passengers of the SUV were wearing their seatbelts and sustained only minor injuries. The man and two women were taken to Intermountain Medical Center via ambulance for medical treatment. UHP spokesman Cameron Roden told Salt Lake Tribune reporters that he did not think Troy Palmer was wearing a seatbelt at the time of the accident.

Could this Tragic Accident have been Avoided?

While the cause of this horrific fatal car accident has yet to be determined; it is clear that seat belts saved the lives of the passengers of the SUV. It makes this tragic accident even more heartbreaking when we learn that the late victim was not wearing his seat belt.

Seat Belt Statistics

The following statistics were compiled by the Utah Department of Health and the Violence & Injury Prevention Program:
• Unbelted occupants are 20 times more likely to die than those who wear their seatbelts in a car accident
• Seatbelts reduce the risk of fatal injury to front seat passengers or drivers by 45%
• In a study of 13,197 Utah teens, overall seatbelt use was 67%

Protect Yourself: Talk to an Experienced Personal Injury Lawyer Before you Sign Anything

The exact cause of this tragic rollover accident has yet to be determined. However, insurance companies are not going to wait for the final police report to evaluate this claim. A tactic that insurance companies commonly use is to immediately pressure Utah accident victims to sign paperwork, make decisions, and give recorded statements. Overwhelmed by the recent accident, many Utah residents follow the insurance adjustor’s advice only to find out later that these rash decisions severely hurt their personal injury case.

In order to avoid making decisions that can hurt your accident case, you can contact the Christensen Law Firm and schedule a FREE no obligation consultation with an experienced Utah personal injury attorney. Learn about the legal rights and benefits that are available to you by calling us at 801.506.0800.

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.

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.

5 year-old Yazlin Setino of Ogden was killed in a single car rollover accident on I-15 near Paragonah, Utah, in the early morning hours of Saturday, March 27, 2010. Utah Highway Patrol Troopers say the young child’s grandparent was driving a Toyota Tundra when the pickup hit a patch of ice, went off the road and rolled three times before landing upside down. Yazlin Setino was partially ejected from vehicle and died at the scene of the accident. Troopers confirm that the young girl was not in a booster seat or restrained properly. The three adult passengers suffered minor injuries and were transported to Valley View Medical Center in Cedar City.

I offer my deepest condolences to the family of the young Yazlin Setino for their sudden and tragic loss. As a parent of a toddler, I cannot imagine the amount of grief that this family is currently enduring. Please keep them in your thoughts and prayers as they go through this difficult time.

Liability Issues: Child Safety Seats are Required by Utah Law

One the most difficult aspects of this tragic fatal rollover accident is the fact that the child was not restrained properly in a booster seat which may have saved her young life. In May 2008, Utah legislation increased the requirement for children to use child safety seats and booster seats from four years of age to eight years of age.

Since the new Child Safety Restraint Legislation has taken affect, the Utah Department of Health estimates that booster seat use increased from 35% to 46%; however, that vast majority of Utah parents still do not properly restrain their children. As the tragic rollover accident demonstrates, Utah residents, who do not wear seatbelts or properly restrain their children in child designated safety seats, risk devastating and catastrophic consequences if they are involved in a Utah car accident.

Statistics on Child Restraint Use by Utah Residents

On February 8, 2010, the Utah Department of Health has released their annual Legislative Fact Sheet of Child Restraints in Motor Vehicles. The following statistics were taken from this report:

• 2008, there were 2,662 children ages 5-7 injured in Utah traffic accidents
• 2,604 or 98% of the children were passengers in the motor vehicles
• Unrestrained Children are 4 times more likely to suffer serious injury than children properly restrained in booster seats

For more information about motor vehicle safety, visit the Utah Department of Health Violence & Injury Prevention Program or our main website of The Christensen Law Firm, PLLC, at www.utahpersonalinjurylawfirm.com. Please feel free to contact our skilled Utah accident attorneys if you have any questions about your Utah accident case at (801) 506.0800.

While most states have passed laws prohibiting texting while driving, the New York Times reports that Utah has the nation’s toughest law on texting while driving. Utah treats texting and driving as serious as it pursues drunk driving. More Utah residents are killed in motor vehicle crashes caused by texting than from car accidents caused by motorists driving under the influence of drugs or alcohol. To date, Zero Fatalities reports there have been 23 fatalities on Utah roads.

Texting and Driving Kills Two Utah Scientists

Utah’s strict legislation against texting and driving is a result of a 2006 Logan, Utah, car accident that killed two scientists. Reggie Shaw, 19, was recklessly texting while driving when he inadvertently crossed the center lane and crashed into the vehicle carrying James Furaro, 38, and Keith P. O’Dell, 50. The two men died from the injuries they sustained in this tragic Utah texting car accident. Mr. Shaw is currently serving his prison sentence and is an advocate for the Utah’s Zero Fatalities Campaign to eliminate texting while driving in Utah.

Utah Law against Texting while Driving

Since the implementation of the new law in May of 2009, a police officer catches a motorist texting while driving, the motorist’s faces up to three months in jail, a $750 fine and a misdemeanor on their record. If this motorist causes an auto accident that result in the injury or death of another, the penalty is a felony charge, $10,000 fine and up to 15 years in prison.

Texting while Driving is a Criminal Offense in Utah

While drowsy driving and texting while driving are both considered forms of distracted driving, a Utah motor vehicle collision caused by texting while driving is considered a criminal offense and not an accident. “It’s a willful act,” said Lyle Hillyard, a Republican state senator stated in the NYT interview. “If you choose to drink and drive or if you choose to text and drive, you’re assuming the same risk.” If someone is killed in an accident caused by texting, the at-fault motorist will be charged with negligent homicide in the state of Utah as it is considered an inherent reckless decision to choose to text and drive.

A Skilled Salt Lake City Auto Accident Attorney Can Help

Attorney Kenneth L. Christensen and The Christensen Law Firm, PLLC, know the laws relating to Utah personal injury. While we cannot undo the harm that’s been done, we can provide you and your family with a sense of security and comfort through compensation from the parties responsible for you loss. Of equal importance is the change that a suit can bring about. We are dedicated to ending the practice of texting while driving.

If you have lost a loved one or have been injured due to negligence of another, we urge you to contact us at (801) 506-0800.

Around 1:30 am this Tuesday morning of March 23, 2010, the life of 25-year-old Michael A. Peterson of Salt Lake City was claimed in a tragic car accident at the intersection of South Temple and E Street. Michael Peterson was killed on impact in the head-on-collision with a Honda SUV. His passenger and the driver and one of the passengers in the SUV were transported to a local hospital in critical condition. The second passenger of the SUV was listed in fair condition.

I offer my deepest sympathies to friends and families of the victims of this tragic car accident. I hope they each recover fully and quickly from the injuries they sustained in this fatal Utah car crash. My thoughts and prayers are with the family members and those who knew and loved the late Michael Peterson.

The Cause of the Fatal Salt Lake Car Accident

Salt Lake City Police Lieutenant Gary Layton reported in KSL news interview that Mr. Peterson was driving a silver Volkswagen Jetta Southbound on E Street and was struck by a Honda Passport SUV in the intersection when he attempted to turn East. The impact of this fatal Utah car accident was so severe that police were surprised the occupants of the mangled vehicles were not extricated by the Jaws of Life. Nor could officers tell initially which directions the vehicles were headed due to the violent impact. One passenger of the SUV was in fair condition and has been cooperating in the investigation. Thus far, police officers have not ruled out the possible involvement of drugs or alcohol as contributing factors in this catastrophic Salt Lake City Car accident. The investigation is ongoing and the names of the injured victims have not been released.

Salt Lake City Fatal Car Accident Statistics

In 2008, there were 30 car accident fatalities and 8 pedestrians killed in Salt Lake City alone. Each year over the past ten years, the number of Salt Lake City car accident fatalities more than doubles the average number of persons killed in Utah car accidents statewide.

Wrongful Death Claims in the State of Utah

The family members of the injured victims and the deceased are well advised to speak to an experienced Salt Lake City wrongful death and personal injury attorney. As the investigation is ongoing, there are several key pieces of evidence and liability issues that need to be accounted for. Attorney Kenneth L. Christensen has written the Utah Accident Book to educate Utah residents of the time sensitive manner of personal injury claims and steps on how victims and their families can protect themselves. By calling the Christensen Law Firm, PLLC, at (801) 506-0800, you can order a Free copy of this invaluable resource and even schedule a consultation to speak to a skilled attorney without any obligations. We can assist you to navigate the complex insurance issues and the Utah legal process during this most difficult time.

As a parent of a teenager, you’re constantly on the lookout for possible dangers. Driving is both a rite of passage and a huge responsibility that Utah teenagers take on. Tragically, car accidents are the leading cause of death among Utah teenagers and teens nationwide.

On March 18, 2010, US News Media Group published its findings for teen driver safety in its report Best States for Teen Drivers, which will be featured in the April Issue of US News and World Report Magazine. US News gathered government statistics on the 11 variables that affect teen driving safety including safety belt use, teen DUI/DWI, distract driving, cell phone use, average vehicle miles traveled per teen and the number of teenagers that have a driver’s license in each state. The report also examined each state’s road safety conditions including driving laws, road conditions and weather.

The US News Best State for Teen Drivers is as follows:

1. District of Columbia
2. California
3. Colorado
4. Maryland
5. Illinois
6. New Jersey
7. Oregon
8. Minnesota
9. Utah
10. Washington

Statistics on Fatal Utah Motor Vehicle Crashes Involving Teenagers

The Violence, Injury Prevention Program (VIPP), of the Utah Department of Health, confirms that Utah automobile accidents are the leading cause of death for Utah teenagers ages 15-19 years old. Each year, Utah car crashes result in the deaths of 40 teens, 330 hospitalizations and 5,400 emergency department visits each year for Utah teenagers.

• Utah Teens account for only 7% of Utah Drives; however, they are involved in 27% of all motor vehicle crashes in Utah and 18% of all fatal Utah car accidents.

These grave statistics demonstrate the dire need for Utah residents to take action in solving why teenagers are disproportionately prone to being involved and even killed in car accidents. As skilled Utah personal injury and auto accident attorneys, we have seen the catastrophic effects of teenage car accidents on families and communities. According to a recent Allstate Foundation study, parents are the #1 most important driving influence on teenagers.

A Call to Action to Utah Parents

• Enforce Concept that Driving is a Privilege
-Studies show that teenagers obey and respect their parents when adequate rules and consequences are established. Parents have a huge influence on the safety of their children.
• Set Teen Driving Rules
-No Cell Phones. Period. Utah distracted driving accidents are preventable.
-Always wear seat belts. Passengers must always wear their seat belts too.
• Early Curfew-Drowsy Driving is a leading contributing factor to 80% of Utah Accidents.

Why You Need the Best Salt Lake City Car Accidents Lawyers

Dealing with insurance companies is frustrating and the consequences of the decisions you make will affect your child’s future. It is important for parents and guardians of injured teenagers to get legal guidance ASAP from experienced Salt Lake City Injury and Car Accident attorneys. If your child was injured in the State of Utah, you can turn to the Christensen Law Firm, PLLC.
Call today for a free consultation: (801)506-0800.

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.

Kristen Kay Taylor, 25, of Salt Lake City was tragically killed in a multi-vehicle accident on Wednesday afternoon of March 10, 2010. Utah Highway Patrol reports that the heavy snow storm over I-15 near Cedar City created such limited visibility that a serious of catastrophic car accidents took place within minutes.

Facts of What Caused the Fatal Car Crash

13 vehicles were involved in 3 separate car collisions that tragic afternoon alone. Ms. Taylor was a victim of the second accident. The first crash involved two vehicles and two tractor-trailers. Five cars stopped for the initial car accident. Ms Taylor, driving a Kia Spectra, stopped behind a tractor-trailer but the semi truck driving behind her did not stop in time. The semi truck struck Ms. Taylor’s Kia with enough force to smash it against the semi in front of her. A third car then hit the semi, causing further damage.

Ms. Taylor was killed at the scene of the car accident. Utah Highway Patrol Trooper Cameron Roden stated in a Salt Lake Tribune report that the male passenger in the Kia, believed to be Ms. Taylor’s fiancée, was seriously injured and his arm amputated may have to be amputated. He was taken to Dixie Regional Medical Center in critical condition. Several passengers and drivers of the multi-car crash were also taken to the hospital for medical treatment.

I offer my deepest condolences to the family and friend who loved and knew Kristen Kay Taylor. I will keep them in my prayers as they go through the difficult grieving process of losing a loved one so suddenly. I also pray for Ms. Taylor's finance that he may recover. I hope that the other injured victims heal from their injuries quickly and completely.

Fault and Liability

It appears that the driver of the semi truck is liable for the wrongful death of Ms. Taylor and the injuries to her passenger. The at-fault driver could be held liable for the accident, injuries and damages caused by his negligent driving behavior. The personal injury and wrongful death claims may be complex as the trucking agency is probably from out-of-state. A skilled wrongful death attorney has expertise dealing with national insurance companies and Utah Law. The experienced Salt Lake City personal injury attorneys at the Christensen Law Firm help Utah victims and their families better understand their legal rights and options so they can focus on healing from their tragic loss.

If you or a loved one has become a victim of a Utah accident or a wrongful death accident, feel free to contact the Christensen Law Firm for a FREE consultation at 801.506.0800.

Fatal Head on Collision with Semi Truck Kills One and Critically Injures Another

Immense tragedy struck two families on Saturday afternoon of March 6, 2010. 24-year-old Trent Walker of Utah County was driving home from a funeral service near Birdseye, Utah, when he was involved in a fatal car crash with a semi truck. Utah Highway Patrol Trooper Todd Johnson confirmed that Mr. Walker crossed the center line and caused a head on collision with a semi truck. Mr. Trent Walker died at the scene of this horrific accident and Mr. Slobodan Spanovic, the 45-year-old driver of the semi truck was flown to University of Utah Hospital in Critical condition. The Salt Lake Tribune reported this morning that Mr. Spanovic has now been released from the hospital.

My heart goes out to both victims of this terrible car verses semitrailer accident. I pray that Mr. Walker’s family and friends have support as they go through the difficult process of grieving the sudden loss of a loved one. I hope that Mr. Spanovic fully recovers from the serious injuries he sustained in this tragic accident.

What Caused this Fatal Utah County Car Accident?

Aggressive driving behavior may have been a factor in this accident. Utah Highway Patrol confirmed in a KSL news report that the driver of the pickup truck was trying to pass another car at the time of the head on collision with the semi truck. U.S. Highway 89 in Spanish Fork Canyon is a curvy mountainous road that offers limited visibility of oncoming traffic. As personal injury attorneys that serve victims of Utah County automobile accidents, we highly advise waiting until a designated passing lane is available before attempting to pass slower traffic. Crossing the center line in order to pass traffic is an example of aggressive driving according to the Federal National Safety Council and it is against Utah State traffic laws. The fatal consequences of such driving behavior occur much too frequently.

Finding an the Best Utah County Personal Injury Attorney

In such cases, victims’ families would be well-advised to seek the counsel of a reputed Utah County car accident lawyer who is also experienced in wrongful death and big rig/ trucking accidents. Where negligence or wrongdoing is involved, victims can file a personal injury claim to receive compensation for medical treatment, property damage, loss of income and more. Also, the families of the deceased victim may be able to file a wrongful death claim seeking compensation to cover funeral expenses, lost of future earning, loss of love and companionship and other related damages. Please contact attorneys Ken Christensen or Russ Hymas, two of the leading experts of trucking and car accident claim, at the Christensen Law Firm, PLLC, if you have been injured or have any questions about your legal rights. We offer a free consultation to discuss your case.

Salt Lake County: (801) 506-0800
Utah County: (801) 224-2999
Davis County: (801) 294-9500

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.

Fatal Rollover Accident Details

On the morning of Monday March 1, 2010, 17-year-old Eaity Emich of Utah died after being involved in a fatal rollover accident on I-84 in Idaho. The driver, 20-year-old Rex Sanasan of Clinton, Utah, had fallen asleep at the wheel, which caused the vehicle to veer off the road. Mr. Sanasan awoke and overcorrected, which caused the vehicle to roll several times. The three passengers, Eaity, Bennett Barry, 22, and 9 –year-old Keio Takky, who were not wearing their seatbelts, were ejected and sustained critical injuries. Bennett and Keio remain in serious condition at St. Alphonsus Regional Medical Center in Boise. Mr. Sanasan and his front-seat Passenger Kevin Elimo were wearing their seat-belts on this fatal car accident and have been treated at Twin Falls Hospital for non-critical injuries. The Deseret News reports that alcohol was not a factor in this tragic rollover accident that killed one Utah teenager.

I offer my deepest condolences to everyone who knew and loved Eaity Emich for their tragic and devastating loss. My heart goes how to the driver Mr. Sanasan and his injured passengers for the difficult times that lie ahead. I hope they all will heal emotionally and physically from this catastrophic event. Please keep them in your prayers.

Drowsy Driving Kills

Fatigued or drowsy driving is just as dangerous as being an intoxicated or impaired driver. If you are tired and in danger of falling asleep, your reaction time to avoiding collisions or potential road hazards is significantly reduced. If you fall asleep, you lose that ability to react completely and will most likely overcorrect your vehicle while in panic mode when you are awakened. If you are tired its best to pull over—it’s impossible to predict when you may accidentally doze off. The lives and safety of yourself, your passengers and other motorists are threatened when you engage in drowsy driving.

How do you know if You are a Drowsy Driver?

• You can’t stop yawning.
• You drift out of the lane or hit a rumble strip.
• You don’t keep a constant speed—you slow down or speed up frequently.
• You don’t remember the last few miles you have driven.
• You have “monkey mind” or wondering thoughts.
• You can focus or keep your eyes open.

National Statistics

The National Security Council predicts that these figures are a far below the actual numbers of accident caused by drowsy drivers each year due to the difficulty to prove that the motorist fell asleep or was falling asleep at the wheel when the accident occurred.

• Each year 100,000 reported car crashes are directly caused by drowsy drivers
• 72% of adult American men surveyed admitted to drowsy driving in the last year
• 54% of adult American women surveyed admitted to drowsy driving in the last year
• 37% of adults have report to having “dozed off” for a short time last year

The Importance of Contacting an Experienced Utah Auto Accident Lawyer

The time to file a car accident claim is limited, which makes contacting a skilled Utah Car Accident Lawyer as soon as possible of vital importance. Attorney Kenneth L. Christensen and the Christensen Law Firm, PLLC, know the Utah laws relating to personal injury and wrongful death as they deal with particularly auto accident claims. We see far too many victims who are forced to bear the financial burdens of an automobile accident or wrongful death claim because the time has lapsed for them to receive benefits that are available now. Protect yourself by speaking to a qualified Utah personal injury lawyer.

If you or someone you love has suffered through an auto accident injury and you feel it is the result of the negligence of another we urge you to contact us online or call us at 801.506.0800 to set up a FREE consultation to discuss your legal options.

On Monday, March 1, 2010, a 52-year-old man was killed when the car he was driving was T-boned by a pickup truck. As family members are still being informed of this tragic loss, the name of the deceased victim of this fatal Salt Lake accident has not been released. The driver of the truck failed to stop at the stop sign at the intersection of Main Street and 3530 South and caused the three-car-accident. According to Deseret News, the driver of the truck was upgraded from critical condition to stable condition. The driver of the third vehicle suffered minor injuries and has already been released from the hospital.

My deepest condolences go out to the friends and family members of the victim. This sudden and tragic loss will be difficult. I encourage these family members to speak to an experienced wrongful death attorney before making any decisions. I also pray for the speedy recovery of the drivers of the pickup and the SUV who were also injured.

Have You Run a Red Light while Driving?

Distracted driving was a major factor in this fatal Utah accident. The driver of the pickup truck ran through a stop sign because he or she either did not notice the sign or he or she ignored the traffic sign. As an experienced personal injury attorney of Salt Lake County, I have noticed a terrifying trend among Utah motorists. Many motorists try to take advantage of their commute by completing other tasks while they are driving. Multitasking is not a safe or legal option when operating a motor vehicle. I highly urge motorists to focus on driving in order to prevent Utah car collisions like this catastrophic fatal accident that took place yesterday. Take the following survey to see if you are a distracted driver.

Distracted Driving Questionnaire:

• Have you missed a stop sign or ran a red light because you were not focused on
driving?
• Have been forced to come to a screeching halt because you had not noticed traffic
slowing?
• Have your passengers complained or have been startled by your driving?
• Have you inadvertently made a wrong turn or ended up at the wrong destination
because you were not thinking where you were going?

Utah Car Accident Attorneys

There are several Utah accident attorneys out there but only a few are specifically trained in wrongful death claims and plaintiff’s rights. The skilled personal injury lawyers at the Christensen Law Firm have devoted their entire practice to these areas of law; quickly becoming the experts to contact if you or a loved one find themselves a victim of a Utah accident. Attorney Kenneth Christensen has written several books including 7 Biggest Mistakes that Can Wreck Your Utah Accident Case to educate Utah residents about their rights. Contact us today at 801.506.0800 to set up a FREE no obligation consultation or to order a FREE copy of one of Attorney Christensen's legal guidebooks.

What is Defensive Driving?

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

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

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

Speeding Car Causes Fatal Car Accident for Utah Residents

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

Why do People Speed?

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

Understanding Who has the Right of Way

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

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

Driving Left of the Center is Never Necessary

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

Tailgating Kills

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

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

Canadian Woman Killed in Utah Pedestrian verses Auto Accident On February 25, 2010, Patricia Prokopetz of Alberta, Canada, died after being hit by a car on I-15 near Willard Bay. The Salt Lake Tribune reports that Patricia Prokopetz and her husband had traveled to Utah so that Mr. Prokopetz could receive medical treatments for he aggravated diabetes. On this tragic Thursday, Patricia decided to take a photograph of Willard bay. The couple pulled over so Patricia attempted to run across the free way for a better shot. She was struck by a minivan traveling in the far left fast lane. Although Patricia was airlifted to the hospital, the injuries she sustained in this tragic Utah pedestrian verses auto accident were too great. She died from her traumatic injuries at the hospital. Fortunately, no one was hurt in the minivan. My heart goes out to the family and friends of Patricia Prokopetz. This was a tragic and preventable accident that will no doubt have lasting effects on the loved ones of the victim as well as the occupants of the minivan, who were not responsible for causing this fatal Utah Car accident. Utah Pedestrian Accident Statistics The Utah Department of Health has created a special task force called Violence & Injury Prevention Program (VIPP) to research what kind of injuries and accidents Utah resident are more susceptible to become involved in and why these types of accidents occur. By analyzing thier data and findings, VIPP creates and implements safety programs that aim to promote education, awareness and safety for the inhabitants and visitors of our lovely state of Utah. In 2004, the Salt Lake City/Ogden area was ranked as the 31st most dangerous metro area nationwide for pedestrian safety by the Surface Transportation Policy Project (STPP). This report generated great public concern and compelled Utah government officials to create safety committees specifically designated to the safety of pedestrians, children, bicyclists, motorcyclists and other groups prone to auto accidents. According to the most recent data provided by VIPP, pedestrians in Utah are just not that safe: • In Utah, on average, 40 pedestrian are killed each year • Each year, 1,055 pedestrians are struck by a car • 50% of these pedestrian verse car accidents involve persons under the age of 19 • 60% of pedestrians hit by cars are male Informative Resources • Pedestrian and Bicycle Information Center • Zero Fatalities • Heads Up Utah Campaign An Experienced Attorney Can Help You The Salt Lake City pedestrian injury attorneys at the Christensen Law Firm closely work with their clients affected by Utah accidents to help insure that they receive fair compensation for their injuries. We know the true value of your case and we understand that you should not have to bear the cost of someone’s negligence. If you or someone you love has suffered through a Salt Lake City Utah pedestrian injury and you feel it is the result of the negligence of another, we urge you to contact the Christensen Law Firm at 801-506-0800 to set up a FREE consultation to discuss your legal rights.

Improper Lane Change Kills Provo Man

KSL News reports that on Thursday, February 18, 2010, a motorist made an improper lane change and hit a Chevy Cavalier on I-15 near the University Avenue exit in Provo. Due to the force of impact, the Cavalier spun out of control and the driver-side door opened, throwing both the driver and his passenger out and onto the asphalt of the highway. Neither of the victims was wearing their safety belts. Both victims were transported to Utah Valley Regional Medical Center where the driver died for the injuries he sustained in the car accident. The passenger is reported to be in critical condition. The motorist of the Buick did not suffer from any injuries or receive any citations at this time. The Utah Highway Patrol is still conducting their investigation of the important factors in why this fatal car accident occurred. The names of those involved in this horrific fatal Utah car accident have not been released yet.

My deepest condolences go to the family and friends of the deceased victim. I understand that difficult times are ahead as they must cope with the sudden loss of a loved one in this tragic car accident. Our thoughts and prayers go to the victim who was a passenger in the Cavalier. We hope for a full and speedy recovery from the serious injuries sustained in this unfortunate accident.

Four Important Factors to Address

• Did the driver of the Buick signal properly before changing lanes?

• Why did the doors of the Cavalier open? There might be malfunction on the part the manufacturer of the Chevy Cavalier doors. Upon impact or collision, the doors of an automobile should not open.

• Do the driver and passenger of the Chevy Cavalier bear comparative responsibility? They were breaking the Utah Law when decided not to wear their seat belts.

• The Utah Statute to file a Wrongful Death Claim is reduced to two years from the Date of the Accident.

How to Signal Properly

Signaling when turning or changing lanes is not only a courteous action to other drivers but it substantially reduces the risk of car accident occurrences on Utah Roads. Consequently, it is the law to know how to signal properly on Utah roads.

For most of us, it’s been a long time since high school Driver’s Education classes. Do you remember how long a motorist is required to have his or her turning signal on before actually changing lanes? A healthy habit to adopt is to annually review the Utah Driver’s Handbook. You can order one from the Utah Department of Safety (UDPS) or follow the link provided to download a PDF version for free. Following is a short summary of how to signal properly from the Utah Driver Division of the UDPS:

• Turn signals must be given two seconds
-before turning
-before changing lanes
-before you pull over or pull away from a curb

• When you intend on slowing down or stopping, your brake lights must be functioning properly to signal to other drivers

• It’s the law to have emergency lights flashing when your car is disabled on the highway

Questions? An Experienced Attorney Can Help

The time to file a car accident claim is limited, which makes contacting an experienced Utah County Auto Accident attorney as soon as possible of vital importance. Attorney Kenneth L. Christensen and The Christensen Law Firm, PLLC know the laws relating to personal injury, particularly auto accident injuries. f you or someone you love has suffered through an auto accident injury in Utah and you feel it is the result of the negligence of another we urge you to contact us online or call us at 801-506-0800 to set up a FREE consultation to discuss your legal rights.

Tragedy strikes the small town of Wellsville, Utah, near Sardine Canyon early this morning of February 2, 2010. A four vehicle car crash resulted in the death of 54 year old Robert Smith. Mr. Smith was declared dead at the scene of the Utah car accident.

How did this car accident occur?

Witnesses say a Ryder rental truck crossed the center line into oncoming traffic. The truck hit the small sedan Mr. Smith was driving in head on. Two seventeen year olds were critically injured and taken to the hospital. The driver of the truck only suffered minor injuries. The Utah Highway Patrol is investigating whether drowsy driving caused the truck driver to lose control of his vehicle.

My heart goes out to the family and people who knew and loved Mr. Robert Smith. My prayers go out to them as they face a difficult road of losing a loved one in an instant due to the negligence of another person. My thoughts and prayers also go out to the young teenagers who seriously injured in this car accident. I hope they make a complete recovery.

Icy Canyon becomes Death Trap

Witnesses at the crash, most of them morning commuters, stated that the cold weather and icy road create a “death trap” for motorists that are not familiar with the curves and windy Sardine Canyon. One witness, Matt, stated how many times he has seen a reckless motorist speeding through the canyon on his way to work in Brigham City. Matt was one of the commuters who waited hours after the fatal crash this morning. He stated that the wreckage was so bad that he is surprised anyone survived at all. The Audi and the yellow sedan were completely demolished.

Contacting an Experienced Utah Personal Injury Lawyer

I would urge the family members of the deceased victim and the injured victims in this case to get in touch with an experienced Utah personal injury lawyer who has successfully represented victims injured in multi-vehicle accidents. A skilled injury lawyer will also be able to explain to victims how their car insurance policy applies to an accident involving multiple parties as there is a cap or policy limit coverage on the insurance purchased by the driver of the Ryder Truck. This is assuming the individual who rented the truck had purchased car insurance. There are many factors in this case that can become confusing especially during this already difficult time.

We invite you to call the Christensen Law Firm and set up a no obligation free consultation with one of our experienced attorneys. This will provide you with an opportunity to ask all your questions and to learn about the legal rights and options you that are available to you after you have been in a Utah car accident or wrongful death accident. We can be reached at 801.506.0800.

Fatal Car Wreck

30 year old Kristi Westfall and her 21 year old boyfriend Jacob Herrera and their 9-month old son Damian all died from the injuries they sustained in the fatal Utah car accident in the early evening of Thursday January 28, 2010. Mr. Herrera was driving southbound on State Road 36 in Tooele County when he lost control of his Dodge Intrepid and crossed the road’s centerline. Mr Herrera swerved sharply in the attempt to bring his car back into the proper lane but he instead pulled his vehicle right in front of a semitrailer causing the fatal Utah car crash. Authorities are not sure what caused Mr. Herrera to lose control of his vehicle. The Salt Lake Tribune News reports that Officer Cameron Roden, responding Utah Highway Patrol officer, confirmed that none of the occupants were wearing their seatbelts. Tragically, the infant’s car seat was not buckled in either. All victims died from their traumatic injuries at the scene of the accident.

I offer my deepest condolences to the families and friends of Kristi, Jacob and Damian. This story is another heartbreaking reminder of the importance of wearing seat belts and properly buckling our children in their car seats. It is a real misfortune that this entire young family was lost in an instant. I hope the driver of the semi truck also heals from the injuries sustained in this tragic accident

Utah Seat Belt Laws

The Utah Department of Public Safety , Safe Kids Coalition, Utah Highway Patrol and other organizations fund and support several statewide initiatives to get Utah residents to buckle up properly whenever they drive or are passengers in vehicles. Properly wearing safety restraints greatly reduced your risk of being injured or killed in a car accident. Following are a list of Utah Seat Belt Laws:

• Utah Safety Belt Law requires all drivers and passengers to properly war safety restraints.
• Utah Police officer can stop a vehicle if they observe anyone 19 years of age or younger not wearing a seatbelt.
• If the driver or passenger not wearing a seatbelt is over the age of 19, the police officer must have another primary reason for stopping the vehicle. For example speeding or failing to properly signal.
• Children ages 0-8 are required to be correctly restrained in a car seat.

National Statistics

If you have ever wondered why car insurance is so high for teenagers and young adults it is because teens are at a much higher risk to be in a car accident with injuries than the average driver. In fact, nationally, teens have the highest fatality rate in motor vehicle crashes than any other age group. The National Highway Traffic Safety Administration attributes this unfortunate trend to teenagers’ unwillingness to use safety belts than adults. Following are some sobering statics on teenage car crashes from the NHTSA Safety Belt and Teens Report of 2003:

• Fatal car Crashes are the leading cause of death for 15 to 20 year-olds nationwide
• 2/3 of the 5,341 teenagers that died in car crashes in 2001 were not wearing their seat belts
• 18% of male high school student report they rarely or never use safety belts
• Teenagers 16-19 are 4x as more likely to die in a car accident than the average driver 25-69

What are your legal rights and options?

The time to file a car accident claim is limited, which makes contacting an experienced Utah Auto Accident attorney as soon as possible of vital importance. Attorney Kenneth L. Christensen and The Christensen Law Firm, PLLC know the laws relating to personal injury, particularly auto accident injuries. While we can’t undo the harm that's been done, we can provide your family with a sense of security and comfort, knowing that you can receive compensation to help cover the costs of current and future medical bills relating to the injury. Compensation may also be sought for pain and suffering, disability, lost earning capacity, and more.

If you or someone you love has suffered through an auto accident injury in Utah and you feel it is the result of the negligence of another we urge you to 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.

Summary

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

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

Things can go from bad to worse

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

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

What are the Statute of Limitations?

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

Who are the Legal Heirs?

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

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

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

Utah Woman Charged with DUI and Hit and Run with Injury

Summary:

Police confirmed today that the woman who allegedly caused multiple car accidents downtown on Thursday was in fact driving under the influence of alcohol.

On Thursday morning, January 21, 2010, Ms. Elfida-Eschler rear ended a vehicle, and then she fled the scene in her truck, and was finally stopped two blocks later after she hit a second vehicle. Ms. Elfida-Eschler then got out of her truck and attempted to leave the scene on foot. However, witnesses were able to keep an eye on this obviously disoriented woman until law enforcement officials arrived. Ms. Elfida-Eschler was arrested on suspicion of DUI and hit and run involving injury charges.

Unfortunately, the victims in the two other vehicles were sustained injuries. The second vehicle hit by Ms. Elfida-Eschler was pushed into oncoming traffic which resulted in another Utah car accident. Traffic was backed up along 300 West and 600 South.

I hope that the victims in these tragic Utah DUI car accidents make a quick and full recovery. It would be wise for them to contact a Salt Lake personal injury attorney to ensure that Ms. Elfida-Eschler, and other motorists who drive drunk, are held responsible for their reckless behavior.

3rd DUI Arrest in Utah this Week

Utah has a long tradition of being the state with the least number of DUI arrests and DUI fatalities to any other state in the nation. It’s surprising then to have several reported DUI arrests in Utah during the first two weeks of 2010. As you may recall, former Utah Senator Majority leader Sheldon Killpack-R of Syracuse was pulled over a week ago for drunk driving. Previously, an ATV driver in Salem, Utah, was arrested for crashing his all-terrain vehicle, fleeing the scene, and being under the influence of alcohol. And now Ms. Elfida-Eschler is arrested for drunk driving on Utah Roads.

Vegas Man Pleads Guilty for DUI and Causing Death

Tragically, often times the victims of alcohol-related accidents are innocent bystanders. On January 8, 2010, Deseret News reported that the Las Vegas man pled guilty to killing a Utah athlete in a DUI car accident in October of 2009. 33 year-old Jeremy Kunz of Kamas, Utah, was participating in the Ragnar Relay run in Nevada when Mr. Salayisch, who was driving drunk, hit and killed Mr. Kunz. Mr. Salayisch then left the runner in the road and fled the scene. This unfortunate pedestrian verses automobile accident is a reminder of the catastrophic costs of a driving under the influence of alcohol.

Legal Issues

According to Utah law, the victims of alcohol related motor vehicle accidents have several legal options and resources available to them. Talking to an experienced Utah personal injury attorney can help you navigate through the complexities of the legal and insurance fields. Commonly asked questions include:

• How to file a personal injury claim?
• How to settle a property damage claim?
• Who files the criminal charges?
• How long do family members have to file a Wrongful Death Claim?

Hiring an Experienced Utah Personal Injury Attorney

The time to file a car accident claim is limited, which makes contacting an experienced Utah Auto Accident attorney as soon as possible of vital importance. Attorney Kenneth L. Christensen and The Christensen Law Firm, PLLC know the laws relating to personal injury, particularly auto accident injuries. While we cant undo the harm that's been done, we can provide your family with a sense of security and comfort, knowing that you can receive compensation to help cover the costs of current and future medical bills relating to the injury. Compensation may also be sought for pain and suffering, disability, lost earning capacity, and more.

If you or someone you love has suffered through an auto accident injury in Utah and you feel it is the result of the negligence of another we urge you to 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.

2009 Statistics on Utah Traffic Deaths

On Tuesday January 19, 2010, the Utah Department of Transportation (UDOT) and Utah Highway Patrol (UTP) released their 2009 findings during a press conference for the Utah Zero Fatalities Campaign. Last year there were 245 Utah car accident fatalities on Utah highways. The Salt Lake Tribune reports that 2009 had the lowest number of Utah traffic deaths statistic since 1974. UDOT Executive Director John Njord attributed the decline of fatal car accidents to more motorists wearing their seat belts and the increased implementation of educational programs, including the Zero Fatalities Campaign, to high school students.

DUI Related Fatalities on the Rise in Utah

However, alcohol-related traffic fatalities Increased in 2009. Over the past few years, Utah has seen a rising trend with motorists drinking and driving. Just last week, State Senate majority leader Sheldon Killpack was arrested on a DUI charge. The UHP has increased their DUI blitzes and they are happy to report that there was not a single fatality on the New Years holiday of 2010 on Utah highways. A problem, voiced by the public and by tourists, is that Taxi services in Utah are quite limited. If often takes 30 minutes for a Taxi to arrive. In major cities across the country it only takes commuters a few minutes to catch a cab. Regardless, DUI driving in Utah is unacceptable. As experienced Utah personal injury attorneys, we have seen too many of our community members become victims of an alcohol-related car crash.

Cell Phone-Related Car Crashes Rising Trend in Utah

The increasing problem of cell phone use while driving was addressed several times during the conference on Tuesday. The Utah Highway Patrol and many transportation safety advocacy groups list cell phone use as one of the most distracting behaviors of motorists. Unlike many states, Utah does not have a ban on hand held cell phones.

Motorists who talk on their cell phones usually do not realize how much it impedes the quality of their driving. Inattentiveness at the wheel is especially dangerous. Studies show that a motorist talking on a hand held cell phone is just as distracted as one that drives with a blue tooth device. The results are the same: Distracted Driving Kills! While talking on cell phones, motorists tend to:

• drift off out of their lanes and hit other vehicles
• speed
• fail to use turning signals
• drive recklessly
• overreact -i.e. yanking steering wheel, overcorrecting and rolling their vehicle

How to Get Informed on Your Personal Injury Case

Attorneys Kenneth L. Christensen and Russ Hymas of The Christensen Law Firm, PLLC, know the laws relating to Utah personal injury. While we can’t undo the harm that's been done, we can provide your family with a sense of security and comfort, knowing that you can receive compensation to help cover the costs of current and future medical bills relating to the injury. Compensation may also be sought for pain and suffering, disability, lost earning capacity, and more.

If you or a loved one has suffered an injury you believe to be the result of the negligence of another, we urge you to contact us 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.

On December 28, 2009, heavy snow fell over the Salt Lake Valley, making roads icy and especially dangerous. KSL reports that an astounding 208 automobile accidents resulted from the inclement weather and worsening driving conditions on that Tuesday alone on Utah roads. The Utah Highway Patrol confirmed that more than forty people were injured and that one woman was killed.

A twenty three year old woman had pulled her car to the side of the Interstate 80 in order to help the victims of a rollover accident. Utah Highway Patrol Sergeant Robert Breck, who responded to the scene, stated, "As one of the people stopped to help got out of her vehicle, another vehicle slid into the back of her vehicle, crushing her between his truck and her car." Tragically, in her courageous attempt to help another family, she was killed in a car accident. My thoughts and prayers go out to her and her family.

While it is still important to assist someone in need, there are safety precautions to take when responding to an accident or an emergency that will help to keep you safe. Following are a few emergency scene specific safety guidelines:

• Enter the scene uphill/upward. This means that if you come across a motor vehicle accident, it is safer drive ahead of the accident and then pull over. This gives you an opportunity to scan the scene and look for hazardous material and any additional dangers.

• Remain in the car. Stay in your vehicle until you are sure you are in a safe place. Check lanes of traffic. Assess the situation or accident from a distance before exiting your vehicle. Remember to turn on your emergency breaks to alert other drivers to slow down and even to help you.

• Call 911. Calling the proper emergency authorities will ensure that medical help is on the way and the operator can give you immediate directions on what to do in your specific set of circumstances.

• Remain Calm and Follow Directions. The 911 operator will assist you in how to approach the victims and accident scene. These emergency personnel have training in life saving techniques and can guide you through them if you are in a position to administer them to victims of an accident.

• Wait for Law Enforcement. If you feel uncomfortable entering the scene, remain on the phone with the emergency personnel and remain where you have safely parked your vehicle. This way you can report if the situation changes.

Over the past several years, there has been a steady decline of fatalities on Utah roads. According to the Utah Department of Transportation, UDOT, there were 238 Utah traffic fatalities in 2009. This is down from a reported 276 fatalities in 2008 and 299 fatalities in 2007. Tragically, several hundred car accidents and three of the fatalities on Utah highways were caused by the two day snow storm that hit the Salt Lake Valley last week. While UDOT attributes this decline of car accident related deaths to increased driver education and the Utah Zero Fatalities campaign. However, authorities also stress that many of these motor vehicle accidents were preventable if drivers were more conscious of the weather conditions that affect Utah roads. This means slowing down when the road are wet or icy. Also, be sure to switch your vehicle’s tires to snow tires which are less susceptible to slipping or locking in Utah’s winter weather conditions.

Zero Fatalities reports that the major causes of Utah fatal car accidents in 2009 were:

• Improper Restraint Despite the Utah Law which stipulates that Utah drivers must buckle up, many drivers continue to not wear their seat belts. Another common problem is that parents fail to properly install their child’s car seat.
• Drowsy Driving Many drivers are unaware that drowsy driving is as dangerous as driving under the influence of alcohol or drugs.
• Aggressive Driving It is important to drive in manner that is mindful of other drivers and pedestrians.
• Distracted Driving Texting, music and talking while driving can take your attention off the road and increase your risk of being in an automobile accident.
• Impaired Driving Driving under the influence of drugs and alcohol is a crime as well as a major cause of car accident deaths.

While it is good news to see the number of car accident fatalities is in decline, we think with increased diligence while driving, we can reach the initiative of Zero Fatalities in Utah.

A Utah Wrongful Death claim arises when someone is killed in an accident due to the negligence of fault of another person.

In Utah a wrongful death case can be brought by the legal heirs of the person whom died as a result of the Utah accident. Only one single claim can be made on behalf of all heirs, but each of the heirs are entitled to a settlement. It is extremely beneficial to a Salt Lake City personal injury attorney specializing in fatal accident claims to ensure that the case is fully settled, so that legal heirs will not appear later to collect against the settlement.

The following surviiving persons are considered heirs in Utah and can make a wrongful death claim:

1) the decedent's spouse;
2) the decedent's children;
3) the decedent's natural parents, or if the decedent was adopted, then his adoptive parents;
4) the decedents stepchildren, IF they are minors at the time of the decedent's death AND primiarily financially dependent on the decedent.

If you have lost a loved one in an accident, it is important to educate yourself before making legal decisions. Visit www.UtahAccidentBook.com and get your free copy of attorney Ken Christensen's Utah Accident Book "7 Biggest Mistakes That Can Wreck Your Utah Accident Case." Its free!

Date: October 25, 2009
Location: West Valley City, UT
Type: Salt lake City fatal accident, Salt Lake City, Utah hit-and-run accident, Utah wrongful death

A tragic Salt Lake City car accident killed a construction worker on Interstate 215 Sunday evening. According to KSL News, a truck was driving south on the interstate near 3300 South around 7:30. The driver entered a lane near the shoulder that had been coned off. The truck was traveling around 50 miles per hour, and struck one of the workers. The Utah Highway Patrol has reported that the worker was 20-year-old Brayden F. Beddoes. When emergency crews arrived at the scene, Beddoes was alive. However, he passed away before he was taken to the hospital.

The truck sped away from the scene of the accident, and authorities are asking the public for help finding the driver. The truck is an older model, possibly a dodge, and is blue and white colored. Lt. Robert Anderson of the Utah Highway Patrol said that based on the damage to the vehicle, there is no doubt the driver knew he hit a pedestrian. If you have any information about the truck, please contact the Utah Highway Patrol at 801.887.3800.

Even though it is a felony to leave the scene of an accident, over 900 pedestrians are killed in hit-and-run accidents nationwide every year. Hit-and-run accidents are becoming more frequent, especially in urban areas. USA Today reported that the rate of hit-and-runs has increased 20% since 2000. Studies have revealed that 11% of all automobile accidents are hit-and-run. In fact, 700,000 people fall victim to hit-and-runs annually.

Hit-and-run accidents can be difficult for victims on a number of levels. Beyond the physical and emotional recovery a victim faces, the insurance process can be extremely cumbersome. The responsible party is absent in this type of accident, and the victim is left footing the bill. Although the victims family will be able to make a Workers Compensation Claim, because this accident was the fault of a third-party, the family can also make a claim under their own car insurance as an uninsured motorist claim. THe family should contact their own car insurance company to ensure an uninsured motorist claim is made.

Working with the insurance company is a complicated process. If you have been involved in a Utah hit-and-run accident, you may consider hiring the best Utah personal injury lawyer to handle your case. The

Posted by Kenneth L. Christensen | Permalink | Email This Post

Posted In: Hit-and-Run Accidents , Wrongful Death Claims - Utah