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Semi-Truck Accident On I-15 Kills 2 People

rwt — Mon, 19 Jul 2010 15:58:31 +0000

Another Tragic Semi-Truck Accident Killing Two People on I-15

On Sunday, July 19, 2010, Russell W. Welsh and Emelda Welsh, of Finleyville, Pennsylvania were tragically killed when, according to news reports, a driver of a semi-truck traveling northbound at a high rate of speed failed to see that the traffic had slowed and swerved into the Southbound lane, killing Russell and Emelda Welsh.

This tragic accident happened on I-15, in Southern Utah, near Pentura in Washington County. Our heartfelt condolences go to the Russell and Emelda Welsh family.

According to one news report, officials believe that the driver of the semi-truck was not paying attention to existing traffic conditions. Because this accident involved a semi-truck, a post-accident drug test should be performed pursuant to the provisions of 49 CFR 382.303, which provides, in relevant part:

“(a) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for alcohol for each of its surviving drivers: . . . (2) Who receives a citation within 8 hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved: (i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle. (b) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for controlled substances for each of its surviving drivers: . . . (2) Who receives a citation within thirty-two hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved: (i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.”

In any accident involving a semi-truck, immediate action should be taken to prevent destruction or loss of the following important information:

1. The truck driver’s complete employment file, including but not limited to his or her qualification file and all incident reports involving the driver.

2. The truck driver’s logs and other driving records.

3. Any and all pre and post-accident drug tests administered to the driver – DOT regulations require mandatory drug testing under certain circumstances.

4. Any and all compliance audits involving the driver and the trucking company.

5. Any satellite tracking information relating to the truck and its whereabouts.

6. Any and all information contained in or from on-board data recorders, such as ECM units, also called black boxes, inclinometers, etc.

7. Records of any and all communications between the truck driver and his employer or any other person at time periods relevant to the collision.

8. Maintenance records, pre-trip inspection reports, post-trip inspection reports and annual inspection reports for the truck involved in the collision.

9. Any and all incident reports relating to the truck driver.

10. Any and all incident reports relating to the trucking company.

11. Any and all trip receipts, weight tickets, bills of waiting and other operational documents relating to the trip the driver was on when the collision occurred.

12. The truck driver’s cellular phone records for several days before the collision.

Technorati Tags: I 15, road rage, semi trucks, truck accidents

Technology Stops Texting While Driving

admin — Fri, 04 Jun 2010 15:43:02 +0000

Texting while driving is continually getting worse and Utah is getting a new technology device from a company called Safe Driving Systems. The company is putting out some new technology called the Key 2 Safe Driving Activator.

There have been thousands of stories of individuals who have lost their lives due to texting while driving and many families who have had to deal with the loss of a loved one. According to the National Highway Traffic Safety Administration cell phones are now the #1 cause for distracted driver car accidents which results in killing more than 6,000 people in the United States each year.

The CEO of Safe Driving Systems, Mike Fahnert, has mass produced Safe Driving Systems products which have been developed at the University of Utah. Mike Fahnert said “It’s going to be a combination of education, enforcement and unfortunately it may take technology to turn it off” in reply to what it would take to stop the increasing amount of stories that involve texting while driving.

Installation and Configuration

How It Works

If the product is used properly talking and texting on a cell phone is impossible in a moving car. Fahnert said “Our device sends out a blue tooth signal that your smart phone picks up.” This makes it so when a car is turned on all calling and texting is disabled. 911 and two preselected phone numbers are not blocked just in case of emergencies.

If the Key 2 Safe Driving Activator is removed then there is a tattle tale software which will notify the person who installed the software with a text message. This will be very vital for parents who install the software on their children’s vehicles.

Please pass this technology on to your family and friends, bookmark it today, send this article to everyone you know and please leave your own comments on what you think about this technology.

Technorati Tags: cell phones and driving, key 2 safe driving activator, safe driving technology, texting while driving

Texting While Driving Continues To Increase

admin — Thu, 13 May 2010 15:55:09 +0000

Utah is one of a couple dozen states that have passed a law making texting while driving a class C misdemeanor. Although the law was passed in Utah last July surveys show that drivers who are texting has gone up. A spokesperson for the health department’s violence and injury prevention program, Kevin Condra, said “Obviously people still aren’t aware that the law is in place.”

Texting While Driving Survey

According to a recent Utah Department of Health survey 26% of adult drivers text and drive daily which is up from 23% when the law was originally passed last year. This survey was performed with 2,300 drivers and revealed that men ages 18-34 are more likely to text than any other demographic group.

Don’t Let This Be You

Driver Distraction

Cell phones are now the #1 leading cause of driver distraction due to the driver being on a phone call or texting. Anytime a driver behind a motor vehicle is putting their attention away from the road they are putting themselves and other drivers and pedestrians in trouble.

Penalties for those texting while driving can be increased if they are caught for a repeated offense, someone dies in a crash where texting was involved or if texting is involved during a car accident. Exemptions are made for medical emergencies, or reporting an accident or suspicious activity to police.

Texting while driving is serious business and a great cause of concern to the Utah Department of Health and law enforcement officials.

Technorati Tags: car accidents, driving, texting, texting while driving, traffic laws

Arizona Scope Of Employment

admin — Thu, 01 Apr 2010 22:27:31 +0000

The Arizona Court of Appeals, Division One, just provided further clarification of when an employee is acting within the course and scope of his employment when the employee is on an out-of-town assignment.

In McCloud v. Kimbro, decided March 23, 2010, the court held that an “employee on out-of-town travel status is within the course and scope of his employment and subjects his employer to vicarious liability while traveling to and from a restaurant for a regular meal.” The court found this to be true even if the employee’s work shift already had ended before the employee went for the regular meal.

If you are injured by an out-of-town worker, you will want to know whether that worker was acting within the course and scope of his employment. If he was, his employer also will be liable for your injuries.

Technorati Tags: arizona, court, employee, employer, employment

Nevada Discusses Traffic Safety to Reduce Accidents

attorney — Wed, 24 Mar 2010 21:59:54 +0000

NDot Press Release: More than one person dies every other day in Nevada traffic crashes. To save lives and further reduce statewide traffic fatalities, the Nevada Departments of Transportation and Public Safety and other safety partners discussed traffic safety education during the Nevada Strategic Communications Alliance meeting held Jan. 28 in Reno.

The quarterly meeting brought together public outreach and marketing professionals from safety, transportation and law enforcement organizations across Nevada to develop public outreach efforts to reduce traffic deaths and injuries. During the meeting, new public service announcements promoting seat belts and discouraging drunken driving on St. Patrick’s Day were discussed. Also discussed was a new initiative to drive Nevada toward zero traffic fatalities.

The Strategic Communications Alliance formed one year ago, becoming the first coordinated statewide highway safety plan-related communications program in the nation. The alliance has thus far developed a statewide communication calendar establishing coordinated statewide traffic safety messages, from preventing drunken driving to promoting seatbelt use. The messages are seen throughout Nevada on Nevada Department of Transportation (NDOT) digital highway signs, Nevada Office of Traffic Safety public service announcements and other venues. The alliance is also utilizing $1 million in federal traffic safety funds for programs such as free New Year’s Eve bus rides to deter drunken driving and more. The NDOT-administered safety funds target limited funding at some of the state’s most pressing traffic safety issues.

The Strategic Communications Alliance is part of Nevada’s Strategic Highway Safety Plan. The plan brings safety, transportation and other groups from across the state together to reduce traffic fatalities through education, enforcement, engineering and emergency medical service enhancements. Since the Safety Plan’s inception in 2006, Nevada traffic deaths have decreased from 431 in 2006 to 243 in 2009, the lowest in more than 20 years.

“One fatality is too many,” alliance chairwoman and Office of Traffic Safety Administrator Traci Pearl said. “As an alliance, we dedicate ourselves to helping save lives. But, each driver must also do their part by always driving safely and attentively.”

“Wearing seatbelts and not driving under the influence are other important things every driver can do to help the work of the alliance and ensure that everyone on Nevada roads can arrive home safely,” NDOT Director Susan Martinovich said.

Further information on transportation safety and the Strategic Highway Safety Plan is available at www.drivesafenv.com and www.twitter.com/nevadadot.

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Obama Bans Texting

attorney — Wed, 11 Nov 2009 15:10:30 +0000

Transportation Secretary Ray LaHood said President Barack Obama signed an executive order banning all federal workers from texting while driving on government business, driving government vehicles or using government equipment.

The Obama administration also said it will seek to ban text messaging by interstate bus drivers and truckers and push states to pass their own laws against driving cars while distracted.

LaHood said the administration also would move to put restrictions on cell phone use by rail operators, truck drivers and interstate bus drivers.

While texting is not yet illegal in Las Vegas, it is in Utah. There currently is legislation being pushed to ban texting in Nevada.

Sen. Dennis Nolan, R-Las Vegas, the chairman of the Senate Transportation Committee, said of cell phone driving legislation: “Knowing our Legislature, it will have a tough time. Nevadans are independent and like their liberties.”

“Driving while distracted should just feel wrong – just as driving without a seat belt or driving while intoxicated,” LaHood said at the end of a two-day conference on the problem. “We’re not going to break everyone of their bad habits – but we are going to raise awareness and sharpen the consequences.”

The administration also will push to disqualify school bus drivers who are convicted of texting while driving from keeping their commercial driver’s licenses.

The Transportation Department reported that 5,870 people were killed and 515,000 were injured last year in crashes connected to driver distraction, often involving mobile devices or cell phones. Driver distraction was involved in 16 percent of all fatal crashes in 2008 and was more prevalent among young drivers.

“It’s like driving with your eyes closed,” said Sen. Robert Menendez, D-N.J., a proponent of a texting ban.

Technorati Tags: barack obama, cell phones, driving, nevada, restrictions, texting, utah

Washington County Election Results

attorney — Fri, 18 Sep 2009 15:48:05 +0000

Ronald W Truman, partner with Dixon Truman & Fisher is running for Mayor of Washington City. The Spectrum Newspaper reports.
The call for change sounded clearly in Tuesday’s primary election in Washington City. Terrill Clove, mayor of 16 years, was knocked out of the November election by Kenneth Neilson and Ronald Wayne Truman, according to unofficial election results.
According to unofficial results 1,967 votes were cast, or 23.98 percent of all registered voters. The primary was for mayor and two city council seats. Four people were in the running for mayor and 10 for city council.

Truman received 781 votes, He said he’s humbled and grateful that so many people voted.

Truman is part of the Steven Van Der Heyden and Ronald W. Mayfield campaign team. All made it through the primary. “We appreciate the public’s trust and we’re ready to move forward and not let them down,” Truman said. He said the incumbents were voted out because the public was tired of what they’ve always had.

“The people think they have a government that doesn’t listen to them, they’re just trying to put the voice of the people back into government,” Truman said.

Technorati Tags: election, results, southern utah, washington county

Lights! Camera! Action!

attorney — Thu, 10 Sep 2009 20:01:58 +0000

Dixon, Truman and Fisher TV Commercial

Attorneys Bryce Dixon, Ron Truman & Nathan Fisher put on their best smiles and filmed a new television commercial. Filming took place in their St. George office – look for it to air on Cable TV this fall. You can also view a past commercial right now on YouTube.

Technorati Tags: attorneys, launches, lawyers, st george utah

Safety Patrol to the rescue

attorney — Fri, 21 Aug 2009 22:27:02 +0000

Schools all across the country are starting back up. Now more than ever its important to keep your eyes on the road and watch out for children. Paula F. Downey, President of Via Magazine wrote an article in the September-October 2009 issue about The importance of safety patrol and a hero from right here in St. George.

Paula writes:
Lulu Beltra thought the driver of the oncoming car would notice her yellow green safety patrol uniform as she helped a first grader cross the parking lot at Dixie Downs Elementary School in St. George, Utah last December. Then Lulu, who was 10, saw that the driver was talking on his cell phone and she sensed that he might not even slow down. She yanked the first grader back by the hood of her sweatshirt just as the car passed them. Lulu’s first action saved the other girl’s life.
In 1935 when such records were first kept, children had the 2nd highest pedestrian death rate of any age group in the US; today, they have the lowest. Experts credit the AAA School Safety Patrol with helping to bring about this change. And with schools facing budget cuts, the safety patrol is needed now more that ever, education officials tell us. Teachers say that it provides a cost effective way to keep children safe around congested drop-off areas at the same time that it teaches leadership and responsibility. In northern California, Nevada and Utah, the AAA safety patrol program has grown by more than 20% over the past two years. 555 elementary schools now participate. If you are interested in starting a patrol at your child’s school, please visit AAA.com/safetypatrol.

Technorati Tags: Accidents, cross walk, driving, Personal Injury, safety patrol, southern utah, st george, st george utah

HUMANE SOCIETY OF UTAH TO INTRODUCE PROPOSED ORDINANCE

attorney — Wed, 12 Aug 2009 17:24:39 +0000

Monday August 10th The Humane Society of Utah scheduled a press conference to announce its intention to ask for an ordinance in Salt Lake County that would prohibit people from keeping their dogs tethered outside on a chain for more than eight cumulative hours in any given 24-hour period, or for any time under extreme weather conditions.

“This law would provide exemptions under appropriate circumstances,” explains HSU Executive Director Gene Baierschmidt, “for example, if the dog’s tether is attached to a running line, or during training activity, shepherding or herding of livestock, or conduct related to the business of carrying out agricultural projects.” More than 100 jurisdictions in 30 states have already passed anti-tethering ordinances, from places as small as Live Oak, TX, to Los Angeles. Says Mr. Baierschmidt.

“It’s up to the public to improve the lives of chained dogs,” Mr. Baierschmidt says and cites the following specific reasons why a tethering ordinance is needed:

Dogs who live chained up outside suffer from extreme isolation. The lack of socialization creates fearful dogs who act quickly and fiercely to defend their territory from all intruders, including other animals, people, and small children.

Dogs are pack animals, which means that they naturally crave companionship. Chained dogs live an existence which is contrary to their instincts. The lack of socialization is a large part of what makes chained dogs more dangerous.

Chained dogs are at risk of getting hurt. They are vulnerable to dangers like extreme weather, inability to escape attacks from people or other animals, and strangulation from getting the tether tangled or caught.

Chained dogs are 2.8 times more likely to bite, and 5.4 times more likely to bite children, than are dogs who live indoors as part of the family.

Outdoor dogs who bark at all hours can result in late-night police calls and problems with neighbors. Ordinances which require dogs to be inside overnight significantly reduce (and possibly eliminate) such issues.

The Humane Society is quick to refute common objections they hear to anti-tethering ordinances. To the claim that the government can’t interfere with people’s “property” — i.e., their dogs — officials point out that the government already has laws in place to protect both animals and citizens from abuse and danger; a chaining ordinance would simply be an extension of regulations already in place.

If passed, punishment for violation of this ordinance would be anything from issuing a warning citation on the first offense up to charging the dog owner with a Class B misdemeanor, punishable by a fine of as much as $1,000 for repeated offenses.

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