Posted By Ron Kramer on August 31, 2010

Madison Kimball has lost her life following a motor vehicle accident on August 28, 2010 in Elwood, Utah. According to the Standard Examiner, Madison was a passenger in a Oldsmobile Alero that was traveling down 8000 North. At the intersection of State Road 13, south of Elwood, the driver of the car failed to stop at a stop sign and the car was broadsided on the passenger side by a 2006 Chevrolet Silverado truck. She was taken to Bear River Valley where she was pronounced dead. Neither she nor other passengers were wearing seatbelts.

Other passengers were injured, including Celena Yeates, 18 years old of Elwood, who was flown by helicopter to Intermountain Medical Center in Murray. She was said to be in critical condition and is scheduled for surgery for her injuries.  Another passenger, Mckenzie Christofferson, 16 years old of Hyde Park, was also flown by helicopter to Primary Children’s Hospital in Salt Lake City with severe abdominal injuries. Trevor L. Madison, 17 years old of North Logan, was also taken by ambulance to Primary Children’s Hospital in serious condition. The driver of the pickup, Richard D. Rock, 69 years old of Tremonton, was also treated and released. The one who appeared to be the best off was the driver, Hayden T. Hill, 18, of Logan, Utah, who was released on Saturday. According to the story, it appears the driver may have been impaired by drugs or alcohol. The county attorney is reviewing the accident to see if charges will be brought.

I send my deepest condolences to the family of Madison Kimball for this tragic loss. I send my best wishes to those who were injured in this car accident.

The liability in this case seems clear. Motorists are absolutely required to stop at for stop signs. They are also required to drive without being impaired, and to drive free of distraction. Motorists are also required to use their seat belts and have other passengers do the same.

Legally speaking, a claim should be made against the insurance company of the driver. Given the age of the driver, I would suspect that he was driving a parent’s car. If so, then there insurance is on the hook for these claims. I think in this case it is clear that there will not be enough insurance money to pay the fair value on these claims. This being the case, the auto insurance for the family for the child can be tapped into.

I would recommend that the family contact an experienced Utah personal injury attorney to find out what remedies and coverage are available to them.

The Kramer Law Group does not currently represent any of the parties referenced in the article at the time it was written. 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. Do not act based on the above information without getting a consultation. The best Utah personal injury attorneys will offer a free consultation. We offer a free and confidential consultation to those (and their family members) not substantially at fault in causing their accident. 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 attorney.

Category: Utah Wrongful Death | No Comments »
Tags:

Posted By Ron Kramer on August 30, 2010

Christa Pearce, 37 years old of West Valley City, Utah, is dead after her car veered off a cliff in East Canyon on August 29, 2010. According to KSL News, police say she had been in an argument with her husband and was “cooling off” by taking a drive on the winding East Canyon road. Dear hunters found her body around 5:30 a.m. and notified the police. Her body had been ejected from the car and was about 300 feet above where her car had rested. Police say that there was no evidence drugs or alcohol was involved and that there were no skid marks found where the car went off the road.

I offer my deep condolences to the husband and family of Christa Pearce as they deal with this tragic death.

As a Utah personal injury lawyer, I am interested in the cause of car accidents I read about. Many are caused by inattention and distraction. I’m not sure if that is what happened here. Maybe she was just going too fast to take the turn. Maybe she was drowsy. Whatever the reason, she sadly failed to control her car and she paid the ultimate price.

Category: Utah vehicle accident | No Comments »
Tags:

Posted By Ron Kramer on August 29, 2010

A 14 year old was reportedly hit around 3500 South and 8000 West in Magna, Utah, near Matheson Junior High on August 27, 2010. Witnesses say the boy was hit by a box truck. There is no word on the injuries he suffered. I wish this teenager my best wishes as he recovers. In the meantime, his family could benefit by talking to a Magna Utah accident attorney regarding potential remedies available in this situation.

Category: Utah vehicle accident | No Comments »
Tags:

Posted By Ron Kramer on August 26, 2010

Westley N. Moore, 22 years old, of Corinne, Utah, is dead following a fatal motorcycle accident in Provo Canyon on August 24, 2010. According to the Salt Lake Tribune, Moore was heading eastbound in on State Road 189 near mile marker 12. Witnesses reported seeing the motorcycle weaving in and out of traffic. According to reports, the motorcycle collided with the rear end of a Ford Fusion, which caused the motorcyclist to lose control and strike a guard rail. Moore was transported by helicopter to the University Hospital, where he later died from his injuries. Moore’s passenger, Paige C. Weber, 19 years old of Layton, suffered broken bones in the crash but is thankfully expected to recover. Neither of the passengers were said to have been wearing helmets.

My deepest condolences go out to the family of Westley Moore for his tragic death. I also send best wishes to his passenger for a speedy and full recovery.

My first impression is that motorcycle riders should always wear helmets when they ride. The driver of motorcycle should insist that their passengers also wear a helmet. I’m not sure if Westley’s death could have been prevented with a helmet, but I’m sure it played some role. My next thought is on how the news media described Moore’s aggressive driving just before the crash. Weaving in and out of traffic is always dangerous because motorists do no expect you to be there and they can move over suddenly and without warning. Utah law requires that motorists use blinkers for a good two seconds prior to lane changes. You typically won’t be doing this if you are “weaving” in and out of traffic. As is sounds like Moore was passing or attempting to pass, it also sounds like he was going in excess of the speed limit. I have driven Provo Canyon and know that motorists tend to drive a good 5-10 miles per hour faster than the posted speed limit. If Moore was passing cars, then it sounds like he was going pretty fast.

Legally speaking, the passenger in the Provo motorcycle accident has a claim against the driver for her injuries, which sound pretty serious. If the policy is not enough to cover her claim, and she has her own insurance or lives in a household where there is an auto insurance policy, then she can tap into the “under-insured” component and make a claim.

The Kramer Law Group does not currently represent any of the parties referenced in the article at the time it was written. 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. Do not act based on the above information without getting a consultation. The best Utah personal injury attorneys will offer a free consultation. We offer a free and confidential consultation to those (and their family members) not substantially at fault in causing their accident. 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 attorney.

Category: utah motorcycle accident | No Comments »
Tags:

Posted By Ron Kramer on August 26, 2010

Catherine Warner, 22 years old, of Springville, Utah, was seriously injured after being struck by a Chevy S10 truck driven by a man high on heroin on August 25, 2010. According to KSL News, the driver, Justin Hicken, 22 years old, swerved across a turn lane and 2 lanes of traffic , then jumping a curb where he at that point struck Catherine with his truck at the intersection of 400 South and Main St. Emergency crews took her by ambulance to a local hospital where she was treated for a shattered leg and multiple facial fractures. The driver tested positive for heroin and was booked on felony charges of DUI with accompanying severe injury. He, incidentally had just appeared the day before in court over DUI charges.

Video Courtesy of KSL.com

I extend my best wishes to Catherine Warner as she recovers from the injuries she received from this senseless event. Apparently, she was to graduate this coming December in dance at Utah Valley University.

After the reported DUI in July of this year, I wonder if Mr. Hicken even has car insurance. If he does, then Ms. Warner should be entitled to the whole of it given his actions. If she had her own insurance, she will want to make an additional claim on either the uninsured or “under-insured” policy (depending on whether the motorist had insurance or not). If Hicken had a policy, his insurance will be “primary” to Catherine Warner who will want to make a PIP claim as a pedestrian on his policy. She will also be entitled to disability benefits if she was working before and most certainly be entitled to “household service benefits” since her newly-married husband will no doubt be attending to the domestic chores given her incapacity.

I would recommend, and I don’t think it would hurt, for the Warner’s to talk with an experienced Utah pedestrian accident attorney regarding the remedies that are available to them following this crash and what they can do to reduce the medical bills that they will receive.

Category: Utah Pedestrian Accident | No Comments »
Tags:

Posted By Ron Kramer on August 23, 2010

Riley Obrian, 21 years old of South Jordan, Utah, is dead following a roll-over auto accident in Goshen, Utah, on August 22, 2010. According to KSL News, Obrian was a passenger going eastbound with driver Joshua Kearl of Santaquin, Utah, around 4:30 a.m. in a Dodge pickup when the Dodge rolled about 100 yards from the road. (It is not clear whether the truck rolled from the road or was off road at the time.) Both of the men were ejected, with Obrian being pronounced dead at the scene. Kearl is said to be in critical condition at the time. None of them were believed to have been wearing a seatbelt and officers feel that drugs or alcohol may have been involved.

I offer my deep condolences to the family of Riley Obrian as they deal with this tragic situation. I also my best wishes to the Driver Joshua Kearl in dealing with his critical injuries.

I think a fair amount of questions remain after reading this story. What were the two of them doing around 4:30 in the morning? Were drugs or alcohol involved? Was there any sleep deprivation going on. Why weren’t they in their seat belt? And what was it that caused the driver to lose control.

Based on the story, it sounds like the family of Riley Obrian have a claim on the driver of the truck for his wrongful death. If he had a wife or child, they also have a claim, along with his parents. The claim would most likely be against the insurance company that Kearl had. Obrian’s insurance can also be tapped for an “under-insured claim.” I would recommend that the family consult with an experienced Utah wrongful death attorney to find out exactly what their options are at this point.

Category: Utah Wrongful Death | No Comments »
Tags:

Posted By Ron Kramer on August 20, 2010

A 5-year old boy crossing the street in a crosswalk on 1500 South in Salt Lake City, Utah, was hit by a car on August 20, 2010. According to KSL News, the boy was just ahead of his brother when he was hit. His brother was not hurt in this pedestrian accident. The boy was taken by ambulance to the hospital for bumps and bruises. The driver of the car was cited for failing to yield.

I send my best wishes to this young boy for a speedy recovery.

As a Salt Lake City personal injury attorney, I see too many cases where drivers are not aware of pedestrians crossing the street in a crosswalk. Utah law is clear that drivers must yield to pedestrians in crosswalks. And even if the pedestrian is not in a crosswalk, they are still, obviously, not allowed to mow them over if they have the opportunity to slow or avoid collision.

Category: Utah Pedestrian Accident | No Comments »
Tags:

Posted By Ron Kramer on August 3, 2010

A 29 year-old man is said to be in extremely critical condition following an accident occurring on August 1, 2010 at the intersection of 7800 South and 4800 West in West Jordan, Utah. According to KSL News, a 17-year-old girl was driving while talking on her cell phone to her father around 10:30 Sunday evening. They happened to be discussing why the girl had not already returned home that evening. Apparently, this phone call was enough of a distraction that she ran a red light and struck this man’s car, with his 4-year old daughter and 2-year old son in the back seat, breaking the arm of his daughter.

I send my condolences and prayers to this injured man in his critical time of need. His injuries sound very serious, as if the girls car hit him right on the driver’s door where he was sitting. I also send my sympathies to this young woman who caused this crash to happen, as I’m sure she is in anguish over the harm her actions have caused.

There is some talk in the story about what charges may be filed in this case. I can suggest two of them.

First, running a red light.

Second, a charge of Careless Driving under Utah Code 41-6a-1715(1)(b)(i) which states: “A person operating a motor vehicle is guilty of careless driving if the person . . . (b) commits a moving traffic violation . . . while being distracted by one or more activities taking place within the vehicle that are not related to the operation of a motor vehicle, including: (i) using a wireless telephone or other electronic device . . . .”

Legally speaking, the man in this story certainly has a claim against this teenager for his injuries. His two children also have claims that can be made. I would recommend that the family of this man contact an experienced Utah personal injury attorney to discuss the remedies that exist in this situation.

Category: Utah Personal Injury Accident | No Comments »
Tags:

Posted By Ron Kramer on August 2, 2010

Milton Patterson was struck by motorist Ronald Matthew Torres on October 23, 2009, in West Jordan, Utah, and died a week later from his injuries. According to the Deseret News, Patterson was first rear ended by Torres on Bangerter Highway around 11 p.m at the intersection of Bangerter and 4700 South. After the crash, Patterson got out to inspect the damage. It was at that point that Torres allegedly backed up and swerved around Patterson’s car, striking him in the process and inflicting him with a severe brain injury, facial fractures and respiratory problems. He was taken to Intermountain Medical Center, but died a week later from those injuries, according to charging papers.

I’m not sure why it took over nine months, but Torres is now finally being charged with leaving the scene of an accident involving death, a third-degree felony, negligent homicide, a class-A misdemeanor, driving with measurable controlled substance in his body, a class-B misdemeanor, as well as other misdemeanor charges. According to reports, police were able to determine that Torres had visited a liquor store that night where he purchased rum. Police also believe he was smoking marijuana as well. Court records show that Torres has pleaded guilty in the past to two DUI charges.

I hope they throw the book at him. I mean, he was first a victim at the stop light when this guy, who from the sound of it was driving impaired, rear ended him. Then, when he is surveying the damage and seeking to get information from the other guy, gets run over! All this in an effort by the other guy to avoid responsibility and potentially evade being charged with another DUI! Well, it didn’t work! How much better off would everyone have been, if Torres immediately accepted responsibility for his actions!!

From a civil point of view, in a wrongful death case such as this, the family of the victim has a claim against the at-fault driver and/or his insurance and potentially against their own insurance company for “under-insured” coverage. In case they haven’t done so already, I would urge the family members: the spouse, parents and/or children (if applicable) to contact an experienced Utah wrongful death attorney to find out the host of remedies that might be available to them.

Category: Utah Wrongful Death | No Comments »
Tags:

Posted By Ron Kramer on August 2, 2010

James Stanrar and Joyce Finely passed away from injuries stemming from a car accident in Spanish Fork Canyon on Saturday, July 31, 2010. According to KSL News, Patsy Clark, 78, from Texas was driving in Spanish Fork Canyon near Thistle Junction around 8 a.m. when she drifted into the opposite lane of traffic, striking a semi-truck carrying brick. The crash forced the Vibe off the road, with the semi-truck ending up in the oncoming lane of traffic. The driver of the Vibe, was flown to Utah Valley Regional Medical Center with serious neck and back injuries. Two of her passengers, listed above, were pronounced dead at the scene. Another passenger, Lewis Capell, 51, of West Valley City, surprisingly experienced only minor injures and was treated at Mountain View Hospital in Payson.

The driver of the semi truck, Lewis Capell, 51, of West Valley City, also suffered only minor injuries, and was also treated at Mountain View Hospital. UHP troopers say that they think the driver fell asleep at the wheel, prompting the drifting into the oncoming lane of traffic. All the passengers were wearing seatbelts, except for James Stanrar, who was lying down in the back seat of the Pontiac when it crashed. The crash forced the closure of Highway 6 for about 3 hours in both directions while crews cleaned up the wreckage, including bricks that were being hauled by the trucker.

I send my deepest condolences to the families of those who lost loved ones in this tragic accident. I wish the best for those who were injured and are recovering.

A number of fatal accidents throughout Utah have been caused by driving without proper sleep. The situation is made even worse when the driver has passengers in their car. Drivers need to take a lesson and make sure they have adequate sleep before they drive. Passengers also need to make sure that those they drive with have had enough rest.

In this situation, the families of those who passed away have a claim against the driver of the car and/or her insurance. They also have a possible claim against their own insurance company. The driver of the big rig and the other injured passenger also have a claim in this situation.

I would recommend that the victims of this car accident contact an experienced Utah wrongful death attorney to discuss the remedies that may be available to them.

Category: Utah Wrongful Death | No Comments »
Tags: