Personal Injury Attorneys

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

Driver Distraction Can Be Fatal

rwt — Wed, 09 Jun 2010 21:17:48 +0000

Driver distraction is a common but often fatal mistake. On June 4, 2010, five motorcyclists, near St. George, Utah, reportedly were injured when a passenger vehicle struck a guard rail on Interstate 15 then spun back into traffic. According to the Spectrum newspaper, “Two of the motorcyclists suffered road rash, two were transported to University Medical Center in Las Vegas by ambulance and the fifth was airlifted to the medical center with life-threatening head trauma.” A “Nevada Highway Patrol Trooper Joseph Fackrell said . . . the driver of the passenger car . . . would at least be charged with failure to stay in one lane.” According to the latest news, the driver who caused this unfortunate accident, “allegedly was distracted by an accident that had occurred moments before on the northbound side of the interstate near mile marker 109.”

In Utah, a driver of a car, truck or other motor vehicle has a duty to use reasonable care to avoid injuring others. “Reasonable care” is what a reasonably careful person would do in a similar situation. When we are driving, we must keep our car under reasonable control and we must drive it in a manner so as to avoid danger to ourselves or others. While driving, we have a duty to keep a proper lookout for other traffic and hazards that can be reasonably anticipated.

To protect ourselves and others from unnecessary harm, let’s all remember to be more careful and attentive while we are driving. Far too many lives are shattered because of careless or inattentive drivers.

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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

AAA’s Top 10 Teen Driving Mistakes

admin — Fri, 04 Jun 2010 14:57:57 +0000

Teen Drivers make a lot of mistakes and are in the realm of being one of the highest demographics that are involved in car accidents. There are several reasons that you could think of why teen drivers are involved in more accidents, but here are the top 10 teen driving mistakes from AAA.

Risk taking — Know that it can happen to you. Car crashes are the leading cause of injury and death for people ages 15 to 20. It’s not just about you: Crashes affect pedestrians, passengers and other drivers, as well as their families. You don’t want to do something you’ll regret the rest of your life.
Not wearing a seat belt — Use a safety belt and insist that all your passengers do so as well. About two-thirds of teens killed in vehicle crashes were not wearing safety belts. Wearing a seat belt reduces your chances of being hurt or killed in a crash by 45 percent.
Speed — Stick to the speed limit. One-third of teen fatalities involve speeding. Obeying the speed limit reduces the severity of a crash you can’t avoid.
Rowdy riders — Don’t load up your car with friends. Adding one teen passenger to a vehicle increases a 16- or 17-year-old driver’s crash risk by about 50 percent. With two or more teen passengers, the crash risk increases fivefold.
Cell phones — Focus on driving. Save the phone calls, text messaging and other gadgets for after the driving is done. Talking on a cell phone while driving can double reaction time.
CD players — Turn the music off while learning to drive. Research shows that adjusting the radio is the most common distraction for drivers between the ages of 16, and driving and channel-surfing don’t mix.
Late-night cruising — Don’t drive late at night. Teen crash rates at night (9 p.m. to 6 a.m.) are twice as high as daytime rates. Obey parental curfews.
Driving under the influence — Stay sober. Of 16- to 17-year-old drivers killed in crashes, one in six would have been considered legally intoxicated by adult standards.
Peer pressure — Make good choices and don’t be afraid to “speak up.” Before you get in a car with a friend, ask: Is this a person you trust? Is he in the right frame of mind to drive safely? Are you prepared to speak up if he drives dangerously?
Overconfidence — Inexperience and overconfidence can lead to crashes when new drivers encounter unfamiliar or unexpected situations. Parents should supervise and monitor their teen drivers, even after they get their license.

Technorati Tags: AAA, car accidents, safe driving, seat belts, teen driving, teen driving mistakes

Zero Fatalities Texting While Driving

admin — Thu, 03 Jun 2010 21:41:05 +0000

Texting while driving is a huge concern to law enforcement officials as they have seen car accidents due to those texting while driving increase. Here is a story about two individuals who lost their lives due to a young driver who was texting at the time of the accident.

There is a lot of teens who are very excited to get their drive’s licence and the majority of teens today are used to texting a lot. A lot of the texting while driving accidents involve younger aged drivers and so we have to put out the notice that when driving a huge machine you have to pay attention.

The video above is just one story of how texting while driving can damage lives from the young driver who was texting while driving, the two men who were in the other car that got hit, the gentleman who ended up hitting the car, and not to mention all of the families. You can go to http://ut.zerofatalities.com to learn more.

May this video help provide a realization of why using a cell phone for talking and texting while driving is a HUGE MISTAKE!

Technorati Tags: car accidents, cell phones, logan utah, texting while driving, zero fatalities

Horrible Car Accident In St George May 12, 2010

admin — Fri, 14 May 2010 17:25:16 +0000

We all need to be more careful and pay more attention when we are driving. Another life was needlessly lost on Wednesday, May 12, 2010, when, according to the Spectrum and Daily News, an 18 year old driver of a GMC pickup truck lost control of his truck, crossed the center divider and crashed into a van, killing Susan Van Der Heijden, a 24 year old woman from the Netherlands.

The accident apparently happened near mile marker 13 near LaVerkin, Utah. Ms. Heijden was a passenger in a Dodge van that was traveling west on SR-9 just before 4:00 p.m. when she and her boyfriend were struck head-on by the 18 year old driver of the GMC pickup truck. Ms. Heijden’s boyfriend apparently sustained serious injuries and was taken to Dixie Regional Medical Center, in St. George, Utah.

The attorneys at Dixon Truman Fisher and Clifford PC. expresses our deepest and heartfelt sympathies to the family of Ms. Heijden and to the families of the other individuals involved in this tragic automobile accident.

Technorati Tags: car accident, head on collision, laverkin utah, netherlands, st george utah

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

Nevada Car Accidents Statistics

admin — Fri, 02 Apr 2010 15:15:59 +0000

In 2008, more than 200 people died in motor vehicle crashes in Clark County, Nevada. The largest number of deaths involved passenger cars (67 deaths) and the smallest number involved bicyclists (6 deaths). Surprisingly, 45 pedestrians were killed. Twelve deaths involved large trucks and 37 involved motorcyclists.

The Nevada Department of Transportation has not yet published its crash data for 2007, 2008 or 2009. We are told that this information should be available sometime in 2010. However, in 2006, there were 62,225 traffic collisions in Nevada. Of these, 20,876 resulted in personal injuries. The top three vehicle factors by severity were:

Failure to keep in proper lane
Failure to Yield of Right of Way
Driving too fast for conditions

Technorati Tags: car accidents, nevada, Personal Injury, statistics

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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