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Salt Lake City Personal Injury Law Blog

Hit-and-Run Car Accident Kills Pedestrian in Salt Lake City

  • 17
  • May
    2012

A pedestrian was recently hit and killed by a driver following a Utah Jazz basketball game. According to witnesses, the pedestrian was struck as he crossed the street in a crosswalk - although some believe the pedestrian may have been walking against the light at the time of the accident.

The force of the driver's vehicle propelled the 51-year-old victim approximately 60 feet into the intersection, killing him. Following the crash, the driver stopped his car to check the damage and see what he had hit, but upon realizing he had killed a man, immediately fled the scene. An arrest of the driver did occur, but not until another passenger in the car had called police to explain the incident and who was the driver of the vehicle.

The police report states that alcohol may have played a large role in the Salt Lake City hit and run accident. According to the passenger who called the police following the accident, both occupants purchased and drank vodka prior to attending the basketball game. In addition, during the game the driver enjoyed an additional six beers. The information provided by the other person in the car at the time allowed authorities to find the driver of the car at home, where they also found his damaged car.

Insurance Company Commercials vs. Reality

  • 03
  • May
    2012

I grew up seeing television commercials which portrayed insurance companies as always taking great care of their insured. While in law school, I clerked for a personal injury attorney who told me the exact opposite is true. I was unsure what to make of this because at that point, I had never asserted a claim against an insurance company.

Since then, I have seen for myself that insurance companies routinely fail to deal fairly with their insured. This is a problem because the law requires an insurance company to act in good faith when dealing with its insured. Insurance companies who fail to do so are liable for harm that results to the insured, attorney's fees and sometimes, punitive damages.

Insurance companies know they must deal fairly with their insured and always claim to have met this obligation when sued for acting in bad faith. However, nothing speaks truer than internal documents exchanged between insurance company employees about the insured's claim. These documents can be obtained during a lawsuit. They generally show that behind closed doors, the insurance company is only interested in saving money and cares little for the insured who has faithfully paid premiums for years. Notwithstanding this reality, I still see the same insurance commercials trying to portray the same, inaccurate picture.

Utah Legal Elite

  • 17
  • April
    2012

In 2012, Jeffrey D. Eisenberg was selected by his peers as a member of Utah Legal Elite, a select group of attorneys who practice in Utah.  He was selected in the Personal Injury group.

Honorees are selected by members of the Utah State Bar.  Members are invited to nominate fellow Utah attorneys who they hold in the highest regard and have observed firsthand and would recommend to others.  Nominators are each allowed to cast only one ballot and cannot vote for themselves.  The list is pared down by number of votes and a Blue Ribbon Panel of prominent attorneys in each specialty review and finalize the list.

As a Personal Injury Utah Legal Elite honoree, Jeff Eisenberg's name is included in the Utah Legal Elite, a special section in Utah Business Magazine.

As Spring Arrives in Utah, so do Motorcycle Accidents

  • 04
  • April
    2012

With the spring season now in full swing, motorcycles are again being dusted off and hitting the roads. Unfortunately though, more motorcycles inevitably means more motorcycle accidents on Salt Lake City roadways.

Illustrating the inherent dangers associated with motorcycle use is a recent accident in which a 25-year-old man was killed in northeast Salt Lake City. The accident occurred when the motorcyclist was driving west on Chandler Drive when his "bullet bike" motorcycle left the roadway and landed on a nearby driveway, according to police. The motorcyclist suffered many injuries as a result of the accident and was rushed to the hospital, but was tragically declared dead at the hospital. Although the investigation is still ongoing, police believe speed may have contributed to the accident.

Careful What You Eat

  • 29
  • March
    2012

Food-borne illnesses can be deadly. I recently represented a young woman who was an active mother, student and wife before being poisoned by an E.Coli 0157:H7 contaminated bag of baby spinach. Following her consumption of this contaminated product, she sustained life-long health problems that are debilitating and severely limit her activities and abilities to live a full and happy life. Her case eventually went to trial and, during jury deliberations, was settled out of court for a confidential amount. While the funds she recovered will help her pay for the future medical care she will require throughout the remainder of her life, she will never enjoy the life she would have had if the baby spinach she consumed had not been contaminated.

While working up this food-borne illness case, many troubling facts about the food industry came to light. It was very alarming to learn how cavalier certain food manufacturers are with regard to food safety.

I recently wrote an article entitled "From Field to Fork to Fairness: Maximizing Damages in a Food-borne Illness Case." This article has been published in the Utah Trial Journal and Colorado's Trial Talk. My article discusses various aspects of a food-borne illness case including how to determine if your case is worthy of an award of punitive damages. As the customs and practices of the food industry are more closely scrutinized, perhaps the Industry will take measures to improve the purity and safety of its products.

Utah Bill Seeks to Reduce Auto, Pedestrian Collisions With Trains

  • 14
  • March
    2012

A bill that has been forwarded to the Utah Senate is aimed at protecting the drivers, vehicle passengers and pedestrians who encounter TRAX and FrontRunner trains.

The bill, SB195, would raise public awareness of the dangers that can arise at the crossing gates and barriers of Utah's mass-transit railroads. Legislators and public safety officials are concerned about the startling number of car accidents that occur in such locations.

Twenty-four accidents between TRAX trains and motor vehicles occurred in Utah last year. The Utah Transit Authority says that 14 of the accidents were due to distracted driving, and 10 happened because drivers attempted to go around crossing safety devices. In addition, two crashes with FrontRunner trains occurred last year.

The Significance and the Specifics of the Utah Railroad Crossing Bill

Utah is growing, and with growth comes increased traffic and mass transportation. Legislators anticipate that SB195 will reduce accidents between vehicles and trains by banning drivers from going "through, around or under" a barrier or crossing gate. The law would also regulate when vehicles may turn around near railroad tracks or grade crossings.

Utah's Perfect Storm: Make Ski Safety an Absolute Priority

  • 01
  • March
    2012

Utah's slopes offer the snow-sports enthusiast ideal conditions for an exhilarating ride down the hill, all the while surrounded by intense beauty. The combination is priceless.

But the rugged terrain and intense weather can also create a dangerous - even deadly - environment for ski and snowboard accidents.

Recently, a young man tragically and prematurely died when he was buried in an avalanche while snowboarding in a steep off-trail canyon area near Salt Lake City. People had been warned to stay out of that part of the backcountry after strong storms.

Snow and ice patterns this winter have raised the chance of dangerous avalanches throughout the western states and this death was the ninth of the season. Even with advanced skills, anyone attempting to ski or snowboard needs to heed the calls to avoid leaving marked and patrolled areas.

Another recent Utah tragedy was the death of world class Canadian freestyle skier Sarah Burke. Burke apparently died from head and spinal injuries sustained in a routine superpipe trick, which shows the inherent danger of ski and snowboard moves at high speeds and heights.

Snow Finally in Utah! But Be Careful Out On The Slopes

  • 21
  • February
    2012

Snow finally arrived at Utah ski resorts last month, with over four feet of snow falling in some resorts. Alta Ski Area in the Wasatch Mountains near Salt Lake City recorded 49 inches in a week's time, and has a base depth 68 inches, with 172 inches of snow this season.

Ski Accidents

While all skiers are excited to finally have some deep powder for their runs, they should not allow that excitement to cause them to forget basic safety rules. Pay attention to your surroundings: natural, artificial and human. It makes for a poor ski season to be injured on the first weekend of real skiing.

If you are struck by another skier, they could be liable for your injuries if they were negligent. While many ski accidents are minor, collisions with adult skiers or snowboarders moving at full-speed down a slope can cause considerable injuries.

Traveling with TRAX

  • 16
  • January
    2012

With new UTA TRAX lines opening up across the Salt Lake valley, most recently in West Valley City and West Jordan, there have been an increasing number of accidents involving the TRAX trains and pedestrians and/or automobiles. In the Summer of 2011, a 15 year-old girl was hit and killed during a test run of the newly expanded line. Her family has filed a Notice of Claim with UTA with the intent of filing a lawsuit. The accident caused UTA to conduct safety reviews at all crossings. The reviews resulted in several changes and the implementation of supplemental safety features.

New routes are being expanded to the Salt Lake City International Airport and Draper and are set to open in the next few years. As the TRAX routes continue to expand, Eisenberg, Gilchrist & Cutt are encouraging all motorists and pedestrians to be on the look out for the TRAX trains. Do not go around lowered gates at a crossing and be on the look out for trains when crossing the tracks. With a little look out and common sense, we can all travel and arrive safely to our destinations.

Sticks and Stones May Break Your Bones, But Snow Can Never Hurt Me?

  • 13
  • January
    2012

A recent report by the American Medical Society for Sports Medicine found skiers and snowboards "are injured at the same rate but suffer different types of injuries." The report discovered that skiers are more prone to injure their lower bodies while snowboarders injure their upper body - which residents of Utah should pay particular attention to given the popularity of winter sports in the Salt Lake City area.

Most Common Types of Injuries

The same report also concluded that the vast majority of injuries to snowboarders occurred during their initial learning period, and often resulted in broken wrists while skiers were more likely to tear ligaments in their knees - which generally require surgical intervention.

Head injuries are also common to both skiers and snowboarders in Utah, according to a different study conducted by the National Institute of Health. Although more common in snowboarders, those head injuries suffered by skiers tended to be more severe and generally more likely to be fatal.

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