Utah Department of Transportation’s Zero Fatalities campaign brought together the 25 families who lost a child in a car accident, reports Fox13 News. For those who have lost an child in a car accident, it can undoubtedly be a heart wrenching experience, and these family connected in hopes of alerting and educating Utahans be more alert to the dangers of inattentive driving.

My thoughts and prayers are with these families in dealing with their devastating loss.

As reported by The Salt Lake Tribune, Gabriel Perez-Guiterez of Salt Lake City was charged with homicide on Wednesday, June 29th in the Third District Court, for allegedly ramming his car into several stopped vehicles around 6 am at a Taylorsville intersection while drunk. This accident resulted in the death of Jonathan Bowers, a West Jordan EMT with GoldCross Ambulance.

Court documents state that Perez-Guiterez was driving approximately 75 mph in a 40-mph zone and had  a blood alcohol content of .11, with traces of marijuana in his system. Currently Perez-Guiterez is being charged with second-degree felony criminal homicide, third-degree felony leaving the scene of an accident, two class A misdemeanor charges of driving under the influence, a misdemeanor charge of driving with a measurable amount of marijuana in his system, driving on a suspended license and speeding.

My deepest condolences go out to Jonathan Bowers’ family. This tragic and senseless accident took the life of a young man who had dedicated his life to saving the lives of strangers. His career as an EMT was cut short by the carelessness of Perez-Guiterez.

A man fleeing police in Sugarhouse, Utah, drove his car right into the front yard of a family home on a quiet Sunday morning, March 6, 2011, injuring at least three of the family members. According to KSL News, the man had been spotted earlier by police driving without a rear license plate. They gave pursuit and then called it off once he drove into a residential neighborhood.

Video Courtesy of KSL.com

Police estimate that the car, an older Cadillac, may have been going close to eighty when it veered off another car and hit a tree, which launched it into the front yard, hitting other cars, and 3 family members standing outside a vehicle they were loading up for a trip out to Logan. Witnesses say the car hit 31-year old Curtis Howard, propelling him in towards the house behind him. Curtis, who was undergoing cancer treatment at the time, suffered multiple broken bones and was taken by ambulance to the University Hospital. Curtis’ wife Shannon and their 18-month old were also injured, along with Shannon’s sister Tawni.

After the crash, the suspect, Albino Gabriel Juak,  fled the scene through the broken rear window. The police caught up to the suspect, who incidently was dramatically captured on video by a KSL News crew, as he was attempting to flee. In watching the news footage, I am glad that the officer who pulled out his baton while cuffing the young suspect showed restraint in using it against the culprit.

I send my best wishes to those injured in this random car versus pedestrian crash for a full and complete recovery.

If the car the suspect was driving was stolen, or if it was being driven without license plates, there is probably a good chance that it was also being driven without insurance. This being the case, if the family was loading up in the Toyota, as was reported in the story, I would suspect that the auto insurance on the Toyota would be the primary policy on an uninsured automobile claim. Utah Code 31A-22-305(7)(a) states that uninsured motorists coverage will apply to bodily injury “while occupying or using a motor vehicle . . . .” If the family was planning to use this vehicle on their trip to Logan and were loading it up, I am confident that the claim would fit within the coverage.

Frank Gallegos was struck by a car as he crossed a street at 28^th and Wall Avenue in Ogden, Utah early around 6 in the morning, December 16, 2010. According to KSL News, the motorist, after he hit Gallegos, kept going. The impact happened only feet from the Ogden Rescue Mission. It was only yesterday, that the man turned himself in. The man, a 23 year old from Riverdale, Utah, called the police and told him he had been involved in the pedestrian accident. He later went down to the station with his vehicle, a 2000 Ford F-150, for investigators to look at. He was later released.

I send my condolences to the family of Frank Gallegos for this sad loss. I understand that Mr. Gallego was homeless and alcohol abuse issues. The man still deserves a proper funeral and I hope his family can be contacted so a proper funeral can be arranged.

The article doesn’t say much about the circumstances surrounding this crash, but leaving the scene of a fatal pedestrian collision doesn’t bode well for the motorist. In fact, there is an inference that the motorist may have been impaired in some way and wanted to evade prosecution. Sadly, Utah law in a civil context, generally doesn’t allow evidence of leaving the scene to prove a driver’s negligence or recklessness. This is so, argues at least one Utah judge who has ruled on this issue, because leaving the scene could be evidence of fear or distress following a purely innocent pedestrian run-over, not evidence of negligence.

So the end result can be that a motorist who may be over the legal limit, can avoid a DUI charge and a potentially larger civil judgment against him (or her) by simply leaving the scene. Of course, they will be charged with leaving the scene of an accident, but that charge pales in comparison to a possible DUI/homicide charge.

I would recommend that the family of Mr. Gallegos contact an experienced Utah accident and injury attorney to investigate this claim further and explore what remedies may be available in this case.

Sylvina Beagley of Kearns, Utah, is behind bars following an unusual multi-car chase which she carried out while being stark naked on June 22, 2010. According to KSL News, after Ms. Beagley pulled over next to a man who had been posting business signs, she quickly hopped into the driver’s seat and proceeded to take possession of his car. Subsequently, the man called 911 and the police eventfully caught up with her, but not until after she crashed the vehicle on ATK property. When the police arrived, they attempted to apprehend her, but she literally gave them “the slip.” A police spokesman stated: “She did have blood on her body from the initial crash. She was hot and sweaty, dirty, and very slippery. She managed to escape the grasp of the two officers,” McLachlan said.

Video Courtesy of KSL.com

Following her escape from the police officers, she succeeded in getting into and driving off in one of the officer’s squad cars. She didn’t get very far, however, and lost control of the car after she hit a bump and clearing 50 feet of air. After this second crash, she jumped out of the vehicle and tried to climb a barbed wire fence. The police, who had caught up to her at that point, finally subdued her by using a Taser on her. Sylvina Beagley is now in police custody and is set to receive a mental health evaluation.

Luckily, in all of this, no other person besides Ms. Beagley was hurt. Her situation, however, sounds oddly reminiscent of that of Brian Cardall, who also was naked and was also tased by police last June 9, 2009. Cardall was suspected to have not taken his medication for his bipolar disorder and was confrontational with the police, who tased him twice, causing his death. In this case, Ms. Beagley’s Facebook page (which has since been taken down) showed that she suffered the same mental illness and that she was bipolar.

I usually don’t help justify lawless activity by those who cause motor vehicle accidents of the type caused by Ms. Beagley. (I usually bring legal claims against those that do.) However, in this case, I suspect that Ms. Beagley was not in the right frame of mind when all of these events went down. Maybe she was off her medications at the time. Maybe her doctor had recently changed them on her and and she was on a trial for different meds. Maybe she was experiencing a nasty side-effect of one of the medications she was taking. In short, I suspect that the answer to why she behaved the way she did is more related to pharmaceuticals than an intention to cause mayhem, commit criminal acts, or shock the public by running around naked.

I wish her family the best as they help her through this embarrassing and concerning chapter in her life. I hope she gets all the help she needs.

Ron Kramer is a Utah personal injury attorney who is responsible for the opinions expressed above.

A seven-year-old boy remained in critical but stable condition after he was hit in a hit-and-run crash near Liberty Park in Salt Lake City, Utah. This Salt Lake City accident happened on June 21, 2010 on 500 East at 1035 South. According to a report given by the Salt Lake Tribune, the boy was riding his bicycle closely behind his mother at around 6 p.m. in a crosswalk on 500 East when a vehicle hit him head-on and then fled the scene. The vehicle is described as a black pickup truck with a shell, or possible a black SUV.

Police have not made any arrests and have few leads. If you have any information, please call the Salt Lake police department at 801-799-3000.

What a sad situation and I hope for the very best for this young boy. I wish him a quick recovery. I also hope they are able to find the party responsible to hold he/she accountable.

Why do Drivers Hit and Run?

Drivers decide to hit-and-run for several reasons. In my experience, there are a few main causes. First, they may be driving impaired and if they were forced to take a field sobriety test they would test positive at the accident scene. Unfortunately, in Utah the law is somewhat backwards. The penalty for driving under the influence of drugs or alcohol is more harsh than the penalty for drivers who flee the scene then turn themselves in the next day when they are sober. Statistics show that 39% of hit-and-run accidents involve an impaired driver. The second reason drivers may hit-and-run is some type of licensing issue. They may be a unlicensed driver, have an uninsured vehicle, or be an illegal immigrant. Finally, a hit-and-run driver might be scared that they will be held accountable for their driving tactics, i.e aggressive driving, street racing, road rage.

In this case the driver was clearly at fault, having hit the young boy in the middle of the crosswalk. Any number of the aforementioned reasons may have contributed to the driver’s decision to flee the scene. I only hope they are able to find the guilty party so the young boy’s family will not be left with the thousands of dollars of medical bills that will come as a result of this accident.

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.

The past few days Utah residents have seen several example of hit and run auto accidents in the news. Interestingly, statistics show that you are more likely to be a victim of a hit and run if your car is parked than if you are actually and driving and get hit. It is certainly frustrating to come out of the grocery store and see a big dent on the bumper that wasn’t there when you walked in. Some of the most common places to be involved in a hit and run collision are grocery stores, malls, sporting events and restaurants, all places with larger parking lots and cars that are frequently coming and going.

Did you know that Utah law says that if the accident is unattended, the driver that caused the damage must actually leave a clear, visible note? So that note is more than just a courtesy, it’s a Utah law! The note must include the name, address and registration number of the vehicle that caused the damage. If you leave without reporting, you could face class B misdemeanor charges, reports ABC 4. You will then be forced to pay the damages to the vehicle along with the fine associated with the hit and run charge.

So what happens if you come out of that store and find your car has been damaged and the at-fault party hasn’t left a note? Courtesy of Allstate Insurance, here are some tips for those drivers:

Survey your immediate surroundings for the other vehicle’s driver
Call the police
Get the facts at the scene (search for witnesses)
Check for surveillance cameras
Take pictures
Contact your insurance company

Fortunately, in data compiled in 200 of America’s largest cities, Salt Lake City, Utah, ranks 179 out of 200 in hit and run crashes. In 2009, there were a total of 297 hit and run collisions reported, and 72% (216) happened when the car was parked and no occupants were present.

Ron Kramer is a Utah accident and injury attorney with offices in Provo, Draper and Bountiful, Utah.

Provo Police officers are trying to find the man responsible for crashing a truck into a Provo, Utah home on Wednesday, February 24, 2010. Police are attempting to locate the owner of the truck to determine if he or she was responsible for this crash that caused extensive property damage to Larry McCracken’s home.

KSL news reports that around 6 a..m., Larry McCracken got a knock on his front door. Police told him that a truck had just crashed into the side of his townhome near 1300 East and 720 North in Provo, Utah. The truck hit the home, hit the fireplace and caused a little structural damage. McCracken said that it appeared as if the truck had gone off the road, down the grass alongside a retaining wall, before it ran into the home. The retaining wall was over 40 yards long, which meant the truck traveled a good distance before it hit the house.

Video Courtesy of KSL.com

Police who responded to the crash said that witnesses saw the driver throwing something out of the window before he hit the house and ran off. The plates on the truck are registered in Idaho, but police have not been able to locate or talk to the owner listed on the registration.

Drugs and/or alcohol may very well have been in play during this hit and run Provo car accident. Unfortunately, current Utah law is more lenient on those that hit-and-run and are apprehended the next day after the drugs or alcohol have cleared their system. If they are caught on the scene and their blood alcohol level is above the legal limit, that is considered a felony. If, however, they run and are apprehended the next day, there is a good chance the alcohol has cleared their system and they are cited for leaving the scene of an accident, which is typically a misdemeanor. I know that there is current bill in the Utah state legislature that would change this, making the penalties much more harsh for those that hit-and-run.

The Kramer Law Group does not currently represent any of the parties referenced in the blog article above. 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 a reputable Utah personal injury law firm. 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 Utah personal injury attorney.

A car hit an 11-year-old girl who was riding her bike to school in Salt Lake City, Utah on Friday, January 15, 2009. The car slowed down for a brief moment and then kept going. Salt Lake police said the girl was crossing the street at 300 South and West Temple at a crosswalk when the vehicle made a turn and hit her. She was thrown off her bike but suffered only minor injuries.

According to KSL news, a pedestrian at the scene stopped to help the girl get up and made sure she was ok. She was able to ride the rest of the way to school. “She had some bumps and bruises,” said PTA secretary Carley Price who was at the school when the girl arrived. School officials called police and paramedics took the girl to the hospital as a precaution. Police are hoping to locate the person who helped the girl to see if he or she can provide any information about the vehicle that hit the girl.

“The fact that they drove away is appalling,” said Price. “I truly hope that we can figure out who did it. I mean, the fact that you wouldn’t know that you hit such a large bike or a person for that matter is just baffling to me. ” Anyone with information is asked to contact the police at 801-799-3000.

I’m glad that the injuries were minor and the girl seams to be doing ok. I wish her a speedy recovery.

Drivers have a responsibility to yield to pedestrians and bicyclists- especially those crossing at a crosswalk! Utah code 12.76.045A says, “Drivers must yield to pedestrians lawfully within crosswalks, by coming to a complete stop, while a pedestrian is in the vehicle’s travel lane or adjoining lane. Also, when a vehicle is stopped to allow a pedestrian to cross, vehicles approaching from the rear must stop to verify that no pedestrian is within their travel lane or an adjoining lane.” I recommend that this family contact an experienced Utah bicycle attorney who can help them explore all the legal avenues available.

Have you been in an accident? Have you realized you can’t handle the situation on your own and may need the help from a lawyer?

With countless accident and injury attorneys in Utah, how do you which attorney to choose? I offer these simple questions that you should ask when searching for an attorney.

Question 1: How long have they practiced?

You probably don’t want to hire someone straight out of law school. Likewise, you don’t want to hire an attorney that’s just about ready to check into the nursing home. In the field of personal injury, it takes years to develop the skill and knowledge to successfully negotiate with insurance companies.

I recommend finding an attorney with at least ten years of experience in accident and injury law. I’ve found that attorneys with this type of experience know what to look for in each individual case, they can explain injuries to a jury, and they understand what your case is worth so they will negotiate hard until that goal is reached with insurance adjusters.

Question 2: What Area of Law do they Specialize in?

You don’t want to hire a “generalist” as your personal injury attorney. Sure, they may be able to handle to most basic of injury cases but what if your case is more complicated? The lawyer who dabbles in family law, wills and estates, or criminal law is probably not the guy (or gal) you want going to bat for you in front of insurance companies.

If you really want to do it right, hire an attorney whose entire practice is devoted to injury law. Doctors specialize, so should attorneys. One devoted to practice injury law will be able to handle the most complex injury cases.

Question 3: What is the Attorney’s Trial Experience?

Attorneys that have no trial experience or attorneys that have never gone to trial for an injury case have little “street cred” with insurance adjusters. Believe it or not, insurance adjusters will research the trial experience of an attorney on a case. If that attorney has never gone to trial, adjusters know they can make a smaller offer because that attorney won’t want to go to court to seek the proper compensation.

Ironically, the attorney who is in court the most will do the best job at getting you a good out-of-court settlement.

Question 4: Do they win at Trial?

A fairly self-explanatory question. If the attorney doesn’t win in the court room, this should make you a little nervous that they may lose your case if it goes that far. Losing trials often means the attorney lacks the trial skills to make him or her successful in the courtroom.

Question 5: Do they Return Calls in a Timely manner?

Attorneys offer a service to the clients they represent. You will probably have several questions along the way during your Utah injury or accident case. Find an attorney who will return phone calls in a timely manner. In fact, ask them if they will return your call within 24 hours (excluding holidays/weekends). This will save you a lot of frustration down the road when you have a question.

Question 6: Do they Guarantee Their Legal Services?

You might get some blank stares on this one. But in a time of poor customer service and substandard quality, you don’t want to be stuck in a position where the attorney is not doing his or her job.

Search for attorneys that will guarantee the quality of their legal services and attorneys that will not insert a large lien on your case if you honestly tell them they are not doing an adequate job.