Posted By Ron Kramer on February 8, 2010

A 14-year-old girl is listed in extremely critical condition after being hit by a car while walking to school. This Utah Pedestrian accident happened at 7am on Monday, February 8th, 2010, in Magna, Utah. According to KSL news, the girl was crossing in a crosswalk near 8500 West and 2700 South when she was struck. The impact of the crash threw her 100 feet. The girl was transported by helicopter to the hospital.

Video Courtesy of KSL.com

According to police, the 21-year-old driver said that she didn’t see the girl before she hit her. Utah Major Accident officials are investigating the cause of the crash and the county attorney will then determine if charges will be filed.

I wish the very best to this young lady as she recovers. My thoughts and prayers are also with the family of this young girl as they struggle with her during this difficult time.

Utah Pedestrian Accident Attorney

Utah pedestrian accidents often cause serious injury, as was the case in this accident. Although details of the accident continue to be investigated, I would recommend that the parents of this young lady contact an experienced Utah personal injury lawyer who will help them take care of the legal aspects as they help their daughter recover. The victim will most likely have a claim against the insurance of driver, as Utah state law requires drivers to yield to pedestrians at crosswalks.

Category: Utah Pedestrian Accident | No Comments »
Tags:

Posted By Ron Kramer on February 7, 2010

A semi-truck versus passenger car accident on February 6, 2010, seriously injured a Plain City, Ohio woman in Washington County, Utah. According to the Salt Lake Tribune, a semitrailer truck was southbound on I-15 between Cedar City and St. George, Utah. The driver, who was in training at the time, appeared to have been going too fast around a curve and ended up going through the median and into the opposing lane of traffic where the semi struck a Chevrolet Malibu, which had 4 people inside. The driving instructor, according to accounts, was in the sleeper cab of the semi truck at the time. The driver was given a ticket for driving outside his lane.

The driver of the Malibu, a 38-year old woman, was taken to Dixie Regional Medical Center in St. George, Utah. She was reported to be in serious condition. She was then flown from there to the Intermountain Medical Center in Murray, Utah a surgery on her arm and shoulder. Other passengers in the car were less seriously hurt and were treated at the scene and released.

Our thoughts are with this woman from Plain City, Ohio and her passengers following this accident. We wish her the best for a speedy recovery.

Big rig versus passenger car accidents happen more often than they should, especially with drivers who are inexperienced. In this case, the driver was working to complete his 300 hours of driver training. I can’t but help thinking that if the trainer were there in the front of the cab with the driver, that this accident would have never happened. The trainer, noticing the wet roads and the driver’s speed, would surely have told him to slow it down to make the turn safely. Blame for this unfortunate crash must therefore be placed on both the driver and/or his company as well as the trainer and/or the trainer’s school that the trainer works for. I would recommend that those injured in this crash consult with an experienced Utah personal injury and accident attorney to find out what their rights are in this case.

The Kramer Law Group does not currently represent any of the parties referenced in the blog article above. We have cited and linked to the source of our information. If you were involved in the above incident, or one like it, and have questions about your rights and possible remedies, you may call us or another reputable Utah personal injury law firm. The information and opinions expressed above are provided as a public service and should not be used in place of legal advice from a qualified Utah personal injury lawyer. Most skilled and qualified Utah lawyers offer a free consultation. We will likewise provide a free consultation to not-at-fault persons (and their family members) mentioned in this article.

Category: Utah Trucking Accident | No Comments »
Tags:

Posted By Ron Kramer on February 2, 2010

A bill that would allow Utah bicyclists to simply yield at intersections governed by a stop sign or traffic signal, was killed by the Utah House Transportation Committee who evaluated it. The proposal would have put Utah in line with an Idaho law on the books there for 20 years. Whether this rule would have reduced the incidence of auto-bicycle accidents in Utah is another story.

The bill, not surprisingly, met with a lot of resistance, with bike riders actually being on both sides of the issue. The argument in favor of the change is that cyclists already in practice treat intersections as “yield” signs anyway. The law change would simply be legalizing what is already a common practice. Some of the law makers debating this admitted that yielding at this intersection is a common practice for them as well.)

As a cyclist myself, I think the biking community will be safer by following the rules that motorists are required to follow, even though the practice of “blowing” stop signs will undoubtedly continue. With the animosity there seems to be in Utah between motorists and bicyclists, I think it best not to create any law that will create even more animosity between the two transportation groups.

Ron Kramer is a Utah personal injury and Utah bicycle accident lawyer with offices in Draper, Provo and Bountiful Utah.

Category: Utah Bicycle Accident | No Comments »
Tags:

Posted By Ron Kramer on February 2, 2010

We recently reported a truck versus car crash in Sardine Canyon, just outside Brigham City, Utah, where a Ryder truck, driven by a man from Tooele, swerved over the center line and crashed into two cars, killing Wellsville resident Robert Louis Smith, 54 years of age. According to the Standard Examiner, the names of two youth who were traveling in a 1991 Audi Quattro who were also struck by this Ryder truck have now been identified: Robert Watson, driver of the car and Michael Higley, passenger in the same car. These two are listed in critical condition.

In looking at the crash pictures, it is hard to imagine that these two boys, both 17 years old, are still alive. My thoughts and prayers are with them as they deal with the severe injuries this truck-car accident has brought upon them, and best wishes for a quickest possible recovery.

Also identified in the Standard Examiner news report is that the truck was leased by a private company as a delivery truck. Generally, companies are required to have higher insurance policies to cover their activities. (Common coverage amounts are $1 million.) I would venture to say, however, that the amount of the insurance policy limits will still be insufficient to cover claims of this magnitude. Further, because there will be multiple claimants on one policy, there will have to ultimately be a consensus by the families of the victims (or by the boys themselves once they turn 18) as to whether they think the outcome is fair or not. The best course of action by the families of the victims would be to consult with a Utah accident and injury lawyer to see what legal remedies may be available at this time.

The Kramer Law Group does not currently represent any of the parties referenced in the blog article above. We have cited and linked to the source of our information. If you were involved in the above incident, or one like it, and have questions about your rights and possible remedies, you may call us or another reputable Utah personal injury law firm. The information and opinions expressed above are provided as a public service and should not be used in place of legal advice from a qualified Utah personal injury lawyer. Most skilled and qualified Utah lawyers offer a free consultation. We will likewise provide a free consultation to not-at-fault persons (and their family members) mentioned in this article.

Category: Utah Wrongful Death | No Comments »
Tags:

Posted By Ron Kramer on February 2, 2010

Former Republican Senate majority leader Sheldon Killpack has just been charged with 2 misdemeanors: the first, a class C charge of failing to signal and the second, a class B count of driving under the influence of alcohol or drugs. According to KSL News, charging documents show that Killpack had a .11 content of alcohol in his system at the time he was stopped by police.

In a bit of sad irony, Killpack’s father was killed while Killpack was a teenager from a Utah drunk driving accident. Killpack, presumably based on this history, has successfully sponsored drunk driving legislation in the 6 years he has held office. Now, that same legislation will potentially shape the consequences he will face in his unfortunate drunk driving situation.

Regarding the charge of failure to signal, this is governed by Utah state law:

41-6a-804. Turning or changing lanes.
(1) (a) A person may not turn a vehicle or move right or left on a roadway or change lanes until:
(i) the movement can be made with reasonable safety; and
(ii) an appropriate signal has been given as provided under this section.
(b) A signal of intention to turn right or left or to change lanes shall be given continuously for at least the last two seconds preceding the beginning of the movement.

Too often in Utah, we see motorists who completely fail to signal at all – much less signal for less than the two seconds required under law. The failure to signal puts other motorists at risk who may be legally attempting to change lanes only to find out that the non-signaling motorist is already moving over into their intended lane of travel. Utah car accidents can and do occur because of this failure to follow Utah’s motor safety rules.

Ron Kramer is a Utah personal injury attorney who represents victims of Utah drunk driving accidents as well as Utah car accidents involving simple negligence, such as failing to signal or yield or failure to keep a proper lookout.

Category: Utah Drunk Driving Accident | No Comments »
Tags:

Posted By Ron Kramer on February 2, 2010

Three Utah residents were killed following a deadly Utah car accident in Lake Point, Utah. The accident, which happened on Friday, January 29, 2010 resulted in the fatalities of Jacob Herrera, 21; his girlfriend, Kristi Westfall, 30; and their small son, Damian. The three were driving in a Dodge Intrepid southbound, when they swerved into the far end of the northbound lane before ending up sideways where it was hit by a semi-truck at around 6:45 pm. The truck crashed into the driver’s side of the Dodge killing all three occupants on impact. The Deseret News reports that this fatal Utah auto accident happened near the roads junction with Interstate 80.

The driver of the semi-truck thought the Dodge was making a turn in front of him. The driver did not know the vehicle had come to a complete stop.

What a tragedy for this young family. I offer my sincere condolences to friends and family as they attempt to cope with this loss.

National Seat Belt Statistics

For every one percent increase in seat belt use, 172 lives and close to 100 million dollars in damages could be avoided. When used properly, seat belt use can reduce the number of serious traffic injuries by 50 percent and decrease fatalities by 60-70 percent.

According to a study performed by James Madison University, motorists are 25 times as likely to be seriously injured or killed when they are thrown out of the vehicle than when they remain inside. In a 30 m.p.h accident, a 160 pound person can hit another person in the car, hit an object in the car or crash through a windshield with an incredible 4,800 pounds of force.

Utah law requires children to ride in child safety sears until they are 8 years old. The driver of the vehicle is responsible to assure that all occupants in his or her car are buckled up. A simple reminder from a driver to buckle up goes a long way. Nine of ten people put on their seat belt when asked by another party in the car.

Ron Kramer is a Utah personal injury attorney with offices in Bountiful, Salt Lake and Provo, Utah.

Category: Utah Wrongful Death, Utah vehicle accident | No Comments »
Tags:

Posted By Ron Kramer on February 2, 2010

Robert L. Smith, 54, of Wellsville, Utah was killed instantly in a multi-car accident on Monday, February 1, 2010. This fatal Utah auto accident occurred in Sardine Canyon, Utah on the Cache County side of the canyon at around 5:15 p.m. According to the Deseret News, the crash happened when a Ryder moving truck heading south on U.S. 89 crossed into the northbound lane and slammed into Mr. Smith’s yellow Saturn and a black Audi. A car traveling right behind Mr. Smith’s Saturn and the Audi collided with Smith’s car after the initial collision with the Ryder moving truck.

The two boys riding in the Audi and they are listed in critical condition. Their names are not being released because they are age. Two other people involved in this multiple-car Utah auto accident, including the driver of the moving truck, were taken to Logan Regional Hospital.

Authorities continue to investigate the cause of the crash as they wait for toxicology tests performed on the driver of the rider truck.

I wish the very best to all those involved in this accident and offer my sincere condolences to the family of Mr. Smith.

In a crash of this scale, where multiple persons are injured and where the accident involved a fatality, it is important for the injured parties and/or their families to consult with an experienced Utah injury attorney. Based on the news reports, it sounds like the driver of the Ryder truck was at fault. This being the case, all those affected have a claim against this man and the company he works for. Possible claims may also lie against Ryder if they rented a large truck such as this to someone who doesn’t have commercial driving experience. Under-insured insurance policies may also be tapped into if the company hiring the truck had insufficient insurance reserves. An injury attorney is especially important to a fair and equitable resolution if one of the parties has an attorney and the other does not.The best Utah accident attorneys will offer a free consultation and will offer those in hardship due to insufficient insurance monies, a discount on normal and customary attorney fees.

The Kramer Law Group does not currently represent any of the parties referenced in the blog article above. We have cited and linked to the source of our information. If you were involved in the above incident, or one like it, and have questions about your rights and possible remedies, you may call us or another reputable Utah personal injury law firm. The information and opinions expressed above are provided as a public service and should not be used in place of legal advice from a qualified personal injury lawyer. Most skilled and qualified Utah lawyers offer a free consultation. We will likewise provide a free consultation to not-at-fault persons (and their family members) mentioned in this article.

Category: Personal Injury, Utah Wrongful Death, Utah vehicle accident, Vehicle Accidents | No Comments »
Tags:

Posted By Ron Kramer on February 1, 2010

Utah Highway Patrol trooper Rachael Zubal, was hit by a car while responding to a Utah auto accident on Saturday, January 30, 2010. Zubal says that she and a UHP trainee responded to an accident near mile marker 337 in Sunset, Utah. She was standing on the side of the highway near the patrol car when a van came skidding towards her going about 40 m.p.h. The van was believed to have hit a patch of ice causing the driver to lose control.

“I didn’t remember anything after that. Just woke up on the ground, pretty alarmed,” says Zubal. “It was all surreal until I realized I had indeed been struck by a vehicle.”

Zubal was taken to McKay-Dee Hospital in Ogden, Utah where she was treated for serious injuries. This Utah auto accident broke Zubal’s hip and pelvis and cut and bruised her head and face. Despite the seriousness of the injuries, she is expected to be okay and Trooper Zubal is certainly thankful to be alive.

“I always figured your luck would run out and I’d get trunked or struck, but I always thought I’d be in my vehicle. I never imagined it would be outside the vehicle,” she says. “The red and blue lights aren’t just toys. We have them there for a reason.”

According to KSL news, 20 troopers have been hit while helping other drivers over the last several months. Over the past 12 years, traffic-related accidents have been the number one cause of death for police officers across the country. The UHP is asking drivers to slow down when they see those red and blue lights on the side of the road. They also ask drivers to move over as much as possible, look for warnings signs and hazards, and focus on your driving and nothing else.

Did you know that moving over when an officer has his or her lights flashing is actually required by law? It’s not just a suggestion, you can get a ticket if you are able (and the lane change is safe) to move away from the inside lane when an officer is on the side of the road with his or her lights on.

If you or a loved one has been injured in a Utah auto accident, contact my office today and request a FREE copy of my Utah Accident Book. In my book, I tell the 13 mistakes that could ruin your Utah auto accident claim.

Category: Personal Injury, Utah Pedestrian Accident, Utah Trucking Accident, Utah vehicle accident | No Comments »
Tags:

Posted By Ron Kramer on January 30, 2010

Are you a Utah employee entitled to unpaid overtime? There is a common belief that if you are on salary, then you are not. The truth is that if you can be considered an “exempt” employee, then your are not entitled to overtime. If you are “non-exempt,” however, then you are entitled to overtime pay.

First of all, overtime is defined under Federal law, in the Federal Labor Standards Act (FLSA), as compensation paid to an employee who works more than 40 hours in a work week. The amount to be paid for hours greater than 40 is 1.5 times the normal hourly rate. For example, an employee who made $10 per hour should be paid $15 per hour for all hours over 40 to that work week. A workweek is defined by the FLSA as seven consecutive 24-hour periods, or 168 hours (24X7). The workweek can start on any given day of the week .

Exempt Employees (No Overtime Paid)

The following are employees who would be considered exempt from overtime pay requirements:
-Commissioned sales employees of a retail or service business if more than one-half of the employee’s earnings come from commissions and the employee makes over 1.5 times the going minimum wage;
-Computer professionals: Under the FLSA, section 13(a)(17), certain computer professionals who are paid at least $27.63 per hour are exempt from Federal overtime provisions;
-Drivers, driver’s helpers, loaders and mechanics are exempt from the overtime pay requirements of the FLSA if they are employed by a motor carrier, and if the employee’s duties affect the safety of operation of the vehicles in transporting people or goods across state lines;
-Farmworks that are employed on small farms are exempt overtime pay (as well as minimum wage provisions of the FLSA).
-Salesmen, partsmen and mechanics that are employed by auto dealerships are exempt;
-Seasonal and recreational businesses: these employees are exempt from overtime and minimum wage laws;
-Executive, administrative, professional and outside sales employees. Those that fit in this category are exempt from receiving overtime.

Non-Exempt Employees (Overtime Paid)

Generally speaking, non-management or “blue-collar” employees, on hourly or salary pay, are entitled to overtime. “White-collar” type employees who make less than $455 per week are also generally eligible for overtime. In determining overtime, job titles are irrelevant. Overtime pay eligibility is based on the occupation, wages and job duties.

Other exemptions may apply, and you should check with a lawyer if you have questions about your specific job.

A problem (for employers) arises when the employer “misclassifies” the employee as being exempt, so as to avoid paying overtime. This is called overtime misclassification. For example, an employer cannot call a lower-level employee a “manager” if that person has no real managerial duties. Federal law look to what the employee actually does versus what they may be called.

Federal law requires employers to pay overtime if they call in employees who might have been on “standby” and they end up working more than 40 hours in a workweek. Federal law also will generally require the employee to pay for mandatory training time if this exceeds 40 hours a week as well as “preparation” time, such as putting on a company uniform there at the facility, inspecting their patrol car, checking items in or out, or simply doing company-related paperwork.

Some employers offer or give “comp” time in place of overtime that the employee might be entitled to. This practice violates the FLSA, however, as the employee is in essence only getting 1x their normal hourly rate.

Finally, in this economy, an employee may be understandably reluctant to complain about an unpaid overtime they might have. They are basically worried that they will lose their jobs. Federal law, however, protects the employee by making it illegal for an employer to retaliate against an employee who exercises their rights under the FLSA. While this restriction against retaliation may not prevent an employer from firing an employee, at the point that they do, then that employee also has an additional claim against them for retaliation.

If you have any further questions, please contact the Utah labor and wage attorneys at the Kramer Law Group to discuss your specific case.

Category: Utah Unpaid Overtime | No Comments »
Tags:

Posted By Ron Kramer on January 28, 2010

The Transportation Department announced on Tuesday, January 26, 2010 that it is imposing an immediate ban on texting for commercial drivers like truckers and bus drivers. Three senators hope that President Obama will go further and propose legislation to ban all texting by motorists. “This is an important safety step, and we will be taking more to eliminate the threat of distracted driving,” Transportation Secretary Ray LaHood said.

The Salt Lake Tribune reports that Senators Chuck Schumer, D-N.Y., Robert Menendez D-N.J., and Kay Hagan, D-N.C., urged President Obama’s administration to support their proposed bill that would compel states to ban texting while driving or lose 25 percent of the federally-funded highway money. “We can’t settle for keeping our roads half-safe,” Schumer said. “We need to stop all motorists, not just truck and bus drivers, from texting behind the wheel.”

The federal government has the power to ban texting by commercial drivers because they are federally regulated. However, the threat is equally dangerous for non-commercial motorists but for commercial motorists the consequences are often more severe. Combining a bus or truck that can weigh upwards of 15,000 pounds with a distracted driver is a recipe for disaster. This is a giant step in the right direction and I imagine in the coming years, texting while driving will be banned all throughout the country.

Category: Utah Text Messaging Accident, Utah vehicle accident | No Comments »
Tags: