West Valley Auto Pedestrian Accident Injures Child

A 7-year old child was injured in an auto-pedestrian knock over in West Valley City, Utah, today, December 30, 2011. According to KSL News, this pedestrian accident happened around 4 p.m. at 3855 South and Redwood Road in West Valley City. The child was life flighted to Primary Children’s Hospital in critical condition. No other details are available.

Best wishes and prayers are in order for this young child as she begins what could be a long recovery.

Ron Kramer is a Utah personal injury and accident lawyer practicing throughout the state. Call the Kramer Law Group today at 801-601-1229 for a free consultation if you are in need of a Utah pedestrian accident attorney.

Salt Lake City Wrongful Death Attorney Explains Statute of Limitations

While personal injury claims in Utah will generally have a four-year statute of limitations, Utah wrongful death claims can be much shorter – as little as just one year.

According to Utah law, Utah wrongful death claims need to be made no more than two years after the death occurs. See Utah Code 78B-2-304. If the wrongful death claim is against a Utah governmental agency, a “notice of claim” will need to be filed within one year of the death occurring.

In Utah, wrongful death heirs will include: (1) the spouse of the deceased, (2) the children of the deceased under U.C.A. 75-2-114, and (3) the natural parents of the deceased. Step children have recently been added to the list of potential claimants, but only if they are under 18 and are “primarily financially dependent” on their deceased parent.

Ron Kramer is a Utah personal injury and accident lawyer practicing throughout the state. Call the Kramer Law Group today at 801-601-1229 for a free consultation.

Ogden Wrongful Death Attorney Explains Statute of Limitations

While personal injury claims will generally have a four-year statute of limitations, wrongful death claims can be much shorter – as little as one year.

According to Utah Code 78B-2-304, Utah wrongful death claims need to be brought no more than two years after the death occurs. If the claim is against a Utah governmental agency, a prerequisite “notice of claim” needs to be filed within one year of the death occurring. Underlying all Utah wrongful death claims is the ability to show that someone acted wrongfully or was negligent in causing the death. A claim does not arise just because someone died.

In Utah, wrongful death heirs include: (1) the spouse of the deceased, (2) the children of the deceased under U.C.A. 75-2-114, and (3) the natural parents of the deceased. Step children are also included if they are under 18 and are “primarily financially dependent” on their deceased parent.

Ron Kramer is a Utah personal injury and accident lawyer practicing throughout the state. Call the Kramer Law Group today at 801-601-1229 for a free consultation.

Can Step Children Bring a Utah Wrongful Death Claim?

In Utah, the following are wrongful death heirs: (1) the spouse of the deceased, (2) the children of the deceased under U.C.A. 75-2-114, and (3) the natural parents of the deceased.

Utah, however, is one of three states (along with California and Idaho) that have recently added step children to the list of Utah wrongful death heirs. Therefore, if you are a step child, then you may have a wrongful death claim if you are under the age of 18 (at the time of decedent’s death) and are “primarily financially dependent” on your deceased step parent.

Source: Utah Code 78B-3-105

Ron Kramer is a Utah personal injury and accident lawyer practicing throughout the state. Call the Kramer Law Group today at 801-601-1229 for a free consultation if you are in need of a Utah wrongful death attorney.

West Jordan Car Accident Claims Life

A car accident today, December 28, 2011, claimed the life of a 88-year old man in West Jordan, Utah. According to KSL News, the West Jordan car wreck happened when the older driver driving a white sedan attempted to make a left-hand turn from 9000 South onto 1300 West, directly in front of an approaching south-bound motorist at 5:40 a.m. A collision subsequently resulted, claiming the life of the elderly man. The driver of the other car, a 19 year-old female, received minor injuries and was taken to a local hospital.

I offer my deep condolences to the family of this car accident victim. I actually passed this scene on the way to my West Jordan office this morning and saw the badly-damaged white sedan and the surveyor’s camera set up in the middle of the intersection. It looked like a serious crash and I was saddened to learn the crash was fatal.

Unfortunately, many motorists and passengers get injured when they mis-time making their left-hand turns. I think the recent move to a flashing yellow arrow is helping to reduce the number of incidents. Still, left-hand-turning drivers need to be vigilant and actually have a duty under Utah law to yield to traffic and others before making their turn, even if their light is turning to red.

Ron Kramer is a Utah personal injury and accident lawyer practicing throughout the state. Call the Kramer Law Group today at 801-601-1229 for a free consultation if you are in need of a Utah car accident attorney.

Jaws of Life Used to Rescue Layton Car Accident Victim

A Layton car accident required emergency crews on Wednesday, December 14, 2011, to use the jaws of life to rescue an injured man. According to KSL News, a man driving on Gordon Avenue at Fort Lane in Layton, around 6 p.m., was forced off the road then another car crashed into him and pushed his vehicle 40 feet down a ravine and into a creek.

 

The story says emergency crews took an hour to get the man out using the jaws of life. He was then transported to a local hospital with a head injury. The driver of the other vehicle was not injured.

I offer my best wishes to this man for a speedy recovery. Traumatic brain injuries, however, aren’t always quick to heal and sometimes never fully heal Depending on the seriousness of the injury, his symptoms could remain with him possibly for the rest of his life.

Based on the story, it sounds like the driver of the other car was clearly liable for causing this wreck and the man’s injuries. He most likely has a claim against that driver and possibly an additional claim against his own insurance policy’s “under insured” coverage.

Ron Kramer is a Utah personal injury and accident lawyer practicing throughout the state. Call the Kramer Law Group today at 801-601-1229 for a free consultation if you are in need of a Utah car accident attorney.

Ogden and Clinton Residents Lose Lives in High-Speed Crash

Nathan Imes, 28 of Ogden, Utah and Andrea Kaiser, 25 of Clinton, Utah, lost their lives in a fatal, high-speed auto crash. According to KSL News, the two were traveling westbound  at high speeds in a Volkswagen Jetta on I-84. A UHP Trooper clocked the two going 118 miles per hour and gave  pursuit. He quickly lost sight of them, though, due to their high speed. Up ahead, however, he caught up to them after the driver of the Jetta apparently lost control while going around a corner, where the car struck a wall and a guard rail and then rolled, ejecting both Imes and Kaiser from the car. Investigators say that none of them were wearing seat belts.

I offer my sincere condolences to the families of these two crash victims.

Speed obviously kills. So does not wearing a seat belt (although it may not have helped in this case). It is unknown why the two were traveling so fast. The story doesn’t say that street racing was involved and doesn’t mention whether drugs or alcohol were involved. The whole sad incident seems senseless.

The passenger’s family in this case most likely have a claim against the driver’s insurance and possibly their own “under-insured” insurance coverage. The basic PIP (personal injury protection) policy for the two of them should cover at least $1,500 for funeral expenses. Utah wrongful death claims have a shorter statute of limitations of only two years.

Ron Kramer is a Utah personal injury and accident lawyer practicing throughout the state. Call the Kramer Law Group today at 801-601-1229 for a free consultation if you are in need of a Utah car accident attorney.

UTA Bus Accident Seriously Injures West Valley Woman

A woman, 24 years old, now has two severely broken legs thanks to the UTA bus driver who negligently turned in front of her on December 12, 2011. According to the Salt Lake Tribune, the pedestrian, whose name was not mentioned in the article, was lawfully crossing the street in a marked cross walk at 3650 South and 3200 West in West Valley City around 10:35 a.m. when a UTA bus driver failed to yield the right-of-way to her and hit her as the driver was making a left-hand turn. According to the story, the bus actually drove over the woman’s legs, severely crushing them. There is no mention of other injuries, such as head injuries that may have happened. The bus driver was cited for failing to yield to a pedestrian and is on administrative leave.

I send my best wishes to this woman who has a long road ahead of her as she recovers from what sounds like permanent, life-changing injuries.

UTA, sadly, is no stranger when it comes to its bus drivers hurting others. I have blogged on this in the past, click HERE and most recently HERE. This case sounds a lot like an accident that I blogged on a couple years ago. Unfortunately, UTA’s drivers continue to hurt others through their negligent driving. Even the Salt Lake Tribune recognizes that “UTA has had a high rate of pedestrian accidents this year, with TRAX striking eight people and FrontRunner trains striking two. Seven of those accidents resulted in deaths.”

I think a big cause of a lot of these accidents is the lack of training provided to UTA’s drivers and operators. I also don’t think they value safety as much as they should. From my own personal experience litigating cases against UTA, I know that they can downplay the seriousness of the driving infraction and where they can, blame the incident for happening on the victim.

This woman of course has a claim against UTA for her injuries, lost wages, loss of enjoyment of life, for permanent disability, emotional and mental anguish. Unfortunately, however, her total recovery is capped by statute at around $620,000, give or take. This statute has been twice challenged and has been upheld each time. Pursuant to the Utah Governmental Immunity Act, a document titled “Notice of Claim” needs to be filed within one year’s time to preserve her claim against UTA, which is considered a Utah governmental agency. I would recommend that she consult with a Utah attorney to make sure she properly preserves her claim.

The opinions expressed above belong to ,Ron Kramer, a Utah personal injury and accident lawyer practicing throughout the state. Call the Kramer Law Group today at 801-601-1229 for a free consultation.