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.
Ron Kramer is a Utah personal injury and accident lawyer practicing throughout the state. Call the Kramer Law Group today at 801-666-3959 for a free consultation if you are in need of a Utah car accident attorney.