According to research analyzed by the National Sleep Foundation, one out of every six truck drivers reports a near accident because of sleepiness. The study, which polled over 1,000 transportation workers, showed that sleep-deprived workers were more than three times as likely to report problems performing work related duties as those who were not sleep deprived. The findings indicate that 44 percent of truck drivers reported not receiving regular quality sleep. Experts believe that lack of sleep has a direct relation to an individual's ability to perform at a maximum level.
]]> Despite strict regulations on how long truck drivers can drive in a day and mandated rest periods for drivers, problems persist. The nature of being a truck driver includes long and often irregular work hours, which can cause sleeping problems. The human body does best when it is possible to keep to a regular schedule of sleeping and waking at about the same times every day, according to sleep researchers. A fatigued truck driver could find it difficult to fall asleep at break time, and then resume driving with insufficient rest. The driver's sleepiness then increases the chances of accidents and near accidents.Truckers who drive in a fatigued state pose a risk to themselves and those of us who share the roads with them. Commercial trucks are large vehicles and unfortunately, when they are involved in an accident the outcome tends to be severe. Drivers who share the road with these fatigued individuals may not even be aware of this risk. Bringing attention to this issue may help transportation workers and their employers develop strategies to help them get better rest. That in turn should help reduce the number of fatigue-related accidents and help decrease needless suffering.
If you or a loved one has been injured in a trucking accident, contact a Utah personal injury attorney to learn more about your legal rights and help hold the responsible party accountable for your damages.
Source: American News Report, "Truck Drivers and Pilots Don't Get Enough Sleep," Elizabeth Magill. 3/4/12.
]]>During a recent snowstorm, 376 accidents were reported in five counties in northern Utah, according to the Utah Highway Patrol. To put that into perspective, Utah averages about 141 accidents per day statewide.
With the increased chance of being involved in a car accident that winter brings, it is important to become familiar with your rights and how to protect them.
]]> Common Mistakes Motorists MakeMotorists often make costly mistakes when they are involved in an accident. First, motorists will often downplay injuries they sustain from the accident, thinking that they will heal on their own. However, pain that persists over three months is 90 percent likely to become permanent and may require regular and costly medical treatment.
Another common mistake is thinking that your insurer will act in favor of your best interests. Insurance companies want to settle your claim as quickly and as cheaply as possible. Utah law requires your insurer to pay up to $3,000 of your medical bills, regardless of who is responsible for the accident, without raising your insurance rates.
A related mistake is that motorists will often accept a settlement offer from their insurer without knowing what is at stake. People who do this often fail to ensure that all of their current and long-term costs are adequately covered by the settlement and sign away their rights in the process.
Finally, accident victims frequently neglect to complete the paperwork associated with an accident on time. If insurance forms or medical documentation are not filed on time you may miss out on benefits and have to pay for these expenses out of pocket.
What to do After an Accident
To avoid the common mistakes made following an accident, motorists should take the following steps:
No person can be completely prepared for what follows an accident. However, by following these basic steps, it will ensure that your right to receive a fair settlement is not prejudiced by a seemingly harmless mistake.
Source: SFGate, "Car Crash Pain Chiropractor Explains The Top Five Most Costly Mistakes People Make After An Automobile Accident," 2/22/12.
]]>The recommendation has been met with a mixed reception in the states, where it faces a long struggle through legislative houses. No state has ever passed an outright ban on cell phone use while driving and only Alaska has even considered doing so.
]]> An NTSB board member believes that distracted driving is the next safety concern that will take social and cultural change to implement, similar to national campaigns to change the public's perception of drunk driving. Opponents of the ban claim it is far too sweeping and will be nearly impossible to enforce.This sentiment is shared by Utah Highway Patrol Lieutenant Lee Perry. While he believes distracted driving is dangerous behavior, he does not think an outright ban on cell phone use will be helpful. Perry claims that identifying and ticketing drivers who violate the ban would be very difficult.
The state of Utah has two distracted driving laws on the books. The state joins 35 other states and the District of Columbia in banning texting while driving for all drivers. While hands-free and handheld use is still legal in the state, if handheld cell phone use contributes to a moving violation, the behavior is labeled a careless driving offense.
The NTSB's recommendation to ban all cell phone use while driving is a dramatic action that will at the very least get state legislators to discuss the safety concerns inherent in distracted driving. Tougher laws would help protect all road users from injury or death from drivers who fail to keep their eyes on the road.
If you or a loved one have been injured in an accident involving a distracted driver, please consult an experienced personal injury attorney.
Source: "Utahns react to recommendation of no cell phones for drivers," Standard-Examiner, 12/2011.
]]>Andersen was able to free himself from the wreckage, but his 4-year-old son and his son's friend were trapped. Fortunately, the children were rescued due to the efforts of several bystanders and were later released from an area hospital.
]]> Winter Weather Driving TipsIf you follow some basic techniques, driving during the winter does not have to be a hazardous experience. The first thing to consider before driving in winter weather is whether your driving needs are immediate or if they can be delayed. If you can avoid driving on icy dangerous roads, it is the safest option, but if your driving needs can be delayed, it is a good idea to wait until the snow plows or sanding trucks have cleared your route.
If your need to drive is immediate, make sure that you are familiar with how your car operates in winter weather. To find out how your car will respond to icy conditions, practice driving in an empty parking lot. Intentionally cause your car to skid and practice recovering.
Before driving, be sure to allow more time than usual to reach your destination. While on the road, drive slower and leave at least three times more following space than you normally would to give yourself extra time to stop. Bridges and overpasses are especially hazardous, as their exposed nature causes the road to freeze first, sometimes in above-freezing temperatures. When you need to stop, apply the brakes gently to avoid a skid.
Unfortunately, even when drivers follow all safety precautions, accidents can still occur. If you have been injured in a car accident, speak with an experienced personal injury attorney. An attorney can inform you of your rights and work to recover compensation for your injuries and losses.
Source: Deseret News, "Site of New Years Eve Crash a Problem Area for Drivers," Andrew Adams, 1/03/12.
]]>TBI contributes to nearly one-third of all injury-related deaths in the U.S. according to the Center for Disease Control (CDC). Of the estimated 1.7 million Americans that experience a TBI this year alone, 52,000 will die and 275,000 will be hospitalized, CDC reports.
Severities of TBI
TBI occurs in two distinct levels of severity. The levels are classified as either closed or open (penetrating) based on the actual trauma that occurs.
Health issues that occur from TBI include concussions, contusions and fractures. Common symptoms of severe TBI after a high-impact collision like a car accident include, but are not limited to:
Car Crash Injuries resulting in TBI
Motor vehicle crashes and car accident-related injuries are directly related to over 30 percent of the TBI-related deaths in the U.S., according to the CDC. In addition, 2.3 million adult drivers were treated in emergency rooms for car crash injuries in 2009. Of the TBI's requiring hospitalization, half are caused by car crashes, FCA reports. These statistics illustrate the severe brain trauma that can be causes from motor vehicle collisions, along with other types of catastrophic injuries and damages.
If you have been injured in a car crash, you may be entitled to compensation for your injuries and related losses. Speak to a personal injury attorney to learn more about your rights and legal options.
Source: Severe Traumatic Brain Injury
]]>Youngest Pedestrians Most At Risk
Statistics from the Utah Department of Public Safety (DPS) show that 678 pedestrians were injured after being hit by motor vehicles in 2009. 53 percent of those victims were under 25 years old - and slightly more than 20 percent were between the ages of 5 and 14.
Even more disturbing, DPS reports that most pedestrians - 55 percent - are either walking in a marked crosswalk, on the shoulder of a road or on a sidewalk when they're hit by a vehicle.
It's clear that pedestrians and drivers both need to take extra precautions at night.
]]> Walk This Way for SafetyMaking sure drivers can see you is the best thing to do when walking at night. Wear clothing that's light or brightly colored or that's made of reflective material. Use a flashlight when necessary. Only cross the street at well-lit intersections and never between, shrubbery, parked cars or other obstacles. Safety experts also suggest:
Tips for Drivers
Source: 3 Utah trick or treaters hit in separate accidents with cars
]]>The NTSB recommended a federal ban on the use of handheld and hands-free devices along with 14 other safety proposals to reduce the chance of future similar tragedies. The recommendations call for regulatory changes by the Federal Highway Administration (FHWA), the National Highway Traffic Safety Administration (NHTSA), the Federal Motor Carrier Safety Administration (FMCSA) and various state highway safety agencies.
]]> NTSB head Deborah Hersman summed up the reasons behind the call for a cell phone ban in a press release, noting that distracted driving has become "increasingly prevalent" and adding that "it can be especially lethal when the distracted driver is at the wheel of a vehicle that weighs 40 tons and travels at highway speeds." The NTSB report on the Kentucky truck accident revealed that the trucker had made four calls in the minutes prior to the collision, and also found that fatigue played a role in his loss of control.Utah is crossroads for interstate truck traffic, and both I-15 and I-80 carry thousands of big rigs through Provo and the greater Salt Lake City metro every day. The Utah Department of Public Safety's 2010 Fatal Crash Summary reports that 8 percent of all traffic deaths could be attributed to distracted driving, and 15 percent of fatal accidents involved a large truck.
A frequently cited University of Utah study has shown that drivers who use cell phones - either handheld or hands-free - suffer the same delays in reaction time as drunk drivers with a blood alcohol level of .08 percent. All of these factors add up to significant and unacceptable risks. Our Provo truck accident lawyers help clients hold truckers accountable when they recklessly test the limits of their concentration.
]]>The Need For Speed
Utah is big. Distances are long. Outside the Salt Lake City-Provo area, people are few. Driving the roads and highways in Utah may tempt one to press the accelerator just a little bit harder. That temptation can extract a high price.
]]> Rural Car Accident DangersThere are roughly 30 percent more car crash fatalities on rural highways than in urban areas. This is due to various contributing factors, such as speed, narrow roads and sharp curves. Because most of these roads are undivided, they also pose a higher risk for head-on collisions.
The statistics from the Fatal Analysis Reporting System (FARS) indicate that 18 percent of fatal crashes were head-on crashes. Of those head-on crashes
Head-on crashes are more dangerous, representing a five-times greater risk of death. In 2005, only 2 percent of all crashes were head-on crashes, but 10.1 percent of fatal crashes were head-on collisions.
The analysis of the FARS data indicates that a high percentage of head-on crashes occurs on rural, undivided, two-lane roads, which could lead one to conclude that many head-on crashes are the result of failed attempts by vehicles to pass one another. However, only 4.3 percent of head-on crashes in the study were from passing situations.
Driving on rural highways is dangerous, so we should remember to drive with care and caution to try and avoid the deadly consequences of a head-on collision
]]>Sixth-grade honor student Justine Barneck was killed at the scene and her father, 59-year-old Michael Barneck, was injured near Tabiona, roughly 90 miles east of Salt Lake City, after a heavy evening storm overflowed a culvert and wiped out two-lane State Highway 35.
]]> As the road collapsed, Barneck cleared the chasm, and then hit a patch of uplifted asphalt on the crater's far edge before careening off the highway. Another car, driven by 37-year-old Helen Paulson, plunged into the hole and was pulled to safety by a rescue team. Both drivers were taken to Utah's Uintah Basin Medical Center for treatment, according to Vernal.com. All were wearing seatbelts.A spokesman for the Utah Department of Transportation (DOT) said crews had unclogged the culvert that afternoon after a hail storm and again at 9:30 p.m. The sink hole appeared later that night, after another downpour. A new culvert and 3,500 yards of dirt were needed to fill the hole.
If you or a member of your family has been seriously injured in a highway accident, consult a trusted personal injury attorney to determine your options and pursue compensation.
]]>According to news reports, Santa Clara law enforcement officials said the SUV driver either blacked out or fell asleep at the wheel before hitting the 15-year-old and knocking her into a ditch. The SUV then barrelled into the 12-year-old, who died on the scene from her injuries. The teenager was treated and released from a local hospital. This accident exemplifies the risks bicyclists face on Utah's streets.
]]> Utah Bicycle Accident StatisticsAccording to the Utah Department of Transportation, on average, six bicyclists die each year on Utah roads, and more than 850 crashes per year involve people on bikes. Distractions and failure to follow the rules of the road by both cyclists and vehicle drivers seem to be a main cause of the accidents.
Drivers should remember that bicyclists have the right to share the roadway - in fact, they are legally prohibited from riding on sidewalks and are supposed to ride on the road. Watch for hand signals for turns, and give bikers a wide berth when passing. Always check behind the car for cyclists before opening the car door when stopped at a curb. Many bicyclists are injured every year in "dooring" accidents when a car passenger opens his or her door right in a cyclist's path.
Conversely, bicyclists should remember to ride with traffic, not against, so drivers can more easily see them from a distance and prepare to pass them safely. Do not ride in the middle of a traffic lane or cut between cars. Never ride on the center dividing line on a two-way road. Do not use a cell phone for talking, texting or listening to music while riding. In a battle for territory between a car and a bike, the bigger, heavier car will always win, so it is important to drive defensively.
Source: 12-year-old girl killed while riding bike with cousin
]]>Utah Highway Patrol Sgt. Ted Tingey reported that the car became stuck underneath the semi trailer and then caught fire. It took an hour for responders to extinguish the fire. Troopers shut down the eastbound lanes of I-80 for a few hours so that they could further investigate how the car became lodged under the truck and what caused the fire.
]]> Trucking Accidents, Higher Fatality RateLarge trucks are more likely to be involved in motor vehicle accidents due to their size, poor maneuverability and slower stopping capabilities. In addition, commercial truck drivers are often on the road for hours on end, with limited rest each day. Drivers that are being pushed by their employers and driving while fatigued are more likely to make a potentially deadly mistake. In fact, the fatal crash rate for tractor-trailers is over 50 percent higher than the fatal accident rate for passenger vehicles.
Consequently, according to Advocates for Highway and Auto Safety, of all fatalities resulting from crashes involving two vehicles - a large truck and a passenger car - 98 percent were occupants of passenger vehicles. This is attributed to the significant disparity in weight between a large truck and passenger vehicle, putting occupants of smaller cars at a disproportionately higher risk of injury or death when involved in a crash with a tractor-trailer.
Due to the dangers associated with trucking accidents, all drivers should be cautious when driving near a large truck or commercial vehicle. Give them extra space and remember that the weight difference means that heavy trucks need more time to brake.
In the event of an accident, remember that those injured may be entitled to compensation for the damages sustained, personal injuries or property damage. If you or a loved one has been injured in a trucking accident, speak with an experienced personal injury attorney to help you preserve your rights and hold those responsible accountable for your injuries.
]]>In exchange for the freedom they enjoy, motorcyclists are more vulnerable in accidents because they are not protected by the metal frame surrounding drivers in cars. Usually it is only a leather jacket or a helmet that separates rider from asphalt. They are many times more likely to suffer serious injuries (or be killed) in the same types of accidents that leave automobile drivers unscathed. Road rash is the most common injury, but motorcyclists are also more susceptible to broken legs and arms. Injured riders can suffer spinal cord and brain injuries that can severely diminish their quality of life.
]]> The National Highway Transportation Safety Administration reports that more than 75,000 motorcycle riders are injured on America's highways each year, with more than 5,000 killed in accidents. Driver inattention is the main culprit in many motorcycle-car accidents. With distracted driving (usually through texting or talking on cell phones) on the rise, motorcycle riders are increasingly at risk. Each year, the number of motorcycles registered increases, which means that the number of accidents increases as well.Because many motorcycle accidents occur during the summer months, riders must be wary of construction projects in addition to impaired drivers during summer holidays. The Utah Department of Public Safety has launched several motorcycle awareness campaigns, including "Drive Aware. Ride Aware" and "Share the Road."
Injured riders can recover money damages for their injuries if a driver is found negligent. If you are injured in an accident, it is important to contact an experienced personal injury lawyer who can advise you of your rights and options.
]]>House Bill 155 still would have required a person operating a bicycle to heed stop signs, but provided exceptions for riders 18 years or older who:
The bill, which sought to amend section 41-6a-1105(5) of the Utah Code, passed by a narrow margin in the House, but was defeated in the Senate. One bike advocate attributed the bill's failure to prejudice against cyclists as irresponsible risk takers. Others claimed that defective bike parts, inattentive drivers and poorly designed trails pose real risks over which cyclists often have no control.
]]> One strong counter argument is that the current law actually discourages bicycle commuters and other riders from using quiet side streets due to the frequent stops. By riding on busier streets with fewer stops, they are more likely to be struck from behind or broadsided by negligent motorists and truckers. Thus, possibly increasing bicycle accidents and the rate of resulting injuries. And, of course, riders love to preserve their momentum when they feel it's safe to do so.Avid cyclists refer to the maneuver as an "Idaho stop" because that was the first state to make it legal back in 1982 after it was advocated by traffic court judges. Research from the University of California's School of Public Health suggests that the law has made streets safer for cyclists - the year after the measure was passed, injuries statewide declined 14.5 percent.
But for now, Utah's cyclists still have a legal obligation to stop.
]]>Distracted driving laws, whether aimed at teens or drivers at-large, are passed for good reason. According the National Highway Traffic Safety Administration (NHTSA), in 2009, 20 percent of all vehicle injury-accidents in the U.S. involved distracted driving. Further, the NHTSA reports that 18 percent of distracted driving related deaths were a result of using cell phones while driving a motor vehicle.
]]> In 2010, there were 18 distracted driving related deaths in Utah, as reported by zerofatalities.com. According to state Representative Lee Perry, 25 percent of teen accidents in Utah result from cell phone use.In an effort to protect teen drivers, a bill was introduced in the Utah House of Representatives banning the use of cell phones while driving by teens. The law would have banned the use of cell phones for teen drivers, including texting and making calls, with a few specific exceptions. Teens found in violation of the law would have been subject to a $50 fine.
In a close vote, however, the bill was defeated 38-32. Calling the bill "unnecessary and wrong," Representative Carl Wimmer thought the bill encroached too far into parental rights.
With an increased focus on curbing distracted driving around the country, led by Department of Transportation Secretary Ray LaHood, it is likely that the Utah legislature will revisit this issue in the future.
]]>For instance, during a recent winter storm, there was a 13-car pileup on I-15, bringing interstate traffic to a halt for miles. Police contributed the crash to icy road conditions. That same morning, police reported additional motor vehicle accidents including "10 injury crashes, 8 vehicle slide-offs and 61 property damage crashes," according to an ABC4.com report. These accidents were also attributed to snow and ice on the roadways.
]]> How to Keep Safe on Utah Roads this WinterThough many news reports advise drivers to stay off the roadways during poor travel conditions, this is not always possible. Drivers can follow certain safety measures to try to avoid car accidents this winter season. Some safety tips include:
If an Accident Occurs, You Have Rights
Even the safest driver may find himself or herself involved in an accident due to the icy road conditions or actions of another driver. If you have been in an accident this winter, you may be entitled to compensation for the injuries you sustained as a result of that accident. The party liable for your injuries will depend on the circumstances surrounding the crash. The type of damages are subject to the severity and extent of your injuries and may include compensation for past and future medical costs, lost wages, loss of future income and pain and suffering.
To learn more about your rights and determine the best legal option for you, speak to a Utah personal injury attorney. A legal professional can investigate your situation and answer any questions you may have.
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