Sender of Text Message to Driver May Be Liable for Car Crash

On August 27, 2013, the Superior Court of New Jersey, Appellate Division, decided that “the sender of a text message can potentially be liable if an accident is caused by texting.”  However, the sender of the text message had to know or have a “special reason to know that the recipient would view the text while driving and thus be distracted.”  Kupert v. Best, Docket No. A-1128-12T4.  In this case, Linda and David Kupert were seriously injured by an 18 year old driver who crossed the center divider crashing his truck into their motorcycle.  The 18 year old driver was texting at the time.   The crash “nearly severed, David’s left leg” and it “shattered Linda’s left leg, leaving her fractured thighbone protruding out of the skin as she lay injured in the road.”

The cell phone records of the 18 year old boy showed that he had texted his female friend 62 times on the day of the crash.  They averaged about “fourteen texts per hour.”  The New Jersey Appellate court said:  “When a sender texts a person who is then driving, knowing that the driver will immediately view the text, the sender has disregarded the attendant and foreseeable risk of harm to the public.  The risk is substantial, as evidenced by the dire consequences in this and similar cases where texting drivers have caused severe injuries or death.”

What do you all think about extending liability to persons sending text messages to those they know are driving?  Please share your thoughts.

Truman Law Firm, Your St. George and Las Vegas Accident and Crash Attorneys.  Please be safe!

Utah Law Enforcement Officers Owe Duty of Care to Fleeing Suspects

The Utah Supreme Court held, on August 6, 2013, that law enforcement officers owe a duty of care to all persons, including fleeing suspectsTorrie v. Weber County, 2013 UT 48 (2013).   In this case, Deputy Harper, of the Weber County Sheriff’s office, was pursuing a 16 year old boy who had taken the family car without permission.  The boy took the car after being teased by his classmates at school.  After leaving with the car, the boy texted his mother telling her he was suicidal and his mother told the police that her son “was threatening to commit suicide by crashing the vehicle if police attempted to apprehend him.”  The boy’s mother, however, did not request the police to stop looking for her son.

Officer Harper located the 16 year old boy and gave him pursuit at speeds of up to 99 mph in a 40 mph zone.   After less than a minute with Deputy Harper in pursuit, the boy rolled the car in a neighboring field and was ejected during the roll.  The 16 year old boy died from his injuries.

According to Utah’s Supreme Court, the express language of Utah Code section 41-6a-212 mandates a duty of care by law enforcement to fleeing suspects because the legislature did not carve out any exceptions.  While finding that a duty was owed to fleeing suspects, the court reiterated that “the imposition of a duty is a separate and distinct analysis from breach and proximate cause.”   The court said that to “impose liability upon Deputy Harper, the fact finder will also need to be persuaded that his conduct was the proximate cause” of the boy’s accident.  The boy’s parents will need to establish that “Deputy Harper did not conduct his pursuit . . . ‘as a reasonably prudent emergency vehicle operator in like circumstances.'”

Truman Law Firm, Your Personal Injury Law Attorney here to Help You in St. George and Las Vegas after a Crash or Accident.

Making the World a Better Place

“Lord, make me an instrument of your peace.  Where there is hatred, let me sow love; where there is injury, pardon; where there is doubt, faith; where there is despair, hope; where there is darkness, light; and where there is sadness, joy.”  St. Francis.  

Drunk Driving May Have Caused Death of 36 Year Old Saratoga Spring Man

Trevor Nielson, a 36 year old Saratoga Spring man, unfortunately died after the jeep he was riding in rolled down a Utah County mountainside.  According to the Salt Lake Tribune, the driver of the Jeep Wrangler that rolled down the hill had been drinking prior to the fatal accident.   Our thoughts and prayers go out to all involved in this very unfortunate incident.   This is another tragic reminder of the absolute necessity of driving sober.

Truman Law Firm, Your Personal Injury, Auto Accident and Car Crash Attorney.  We are here to help you every step of the way.

Touch of the Master’s Hand

“THE TOUCH OF THE MASTER’S HAND.  Twas battered and scarred, and the auctioneer Thought it scarcely worth his while To waste much time on the old violin, But held it up with a smile:  “What am I bidden, good folks,” he cried, “Who’ll start the bidding for me?”  “A dollar, a dollar”; then, “Two,” “Only two? Two dollars, and who’ll make it three?  Three dollars, one; three dollars, twice; going for three.”  But no, From the room far back a grey haired man came forward and picked up the bow; Then, wiping the dust from the old violin, And tightening the loose strings, He played a melody pure and sweet As a caroling angel sings.  The music ceased, and the auctioneer, With a voice that was quiet and low, Said:  “What am I bid for the old violin?”  And he held it up with the bow.  “A thousand dollars, and who’ll make it two? Two thousand! And who’ll make it three? Three thousand, one, three thousand, twice, And going, and gone,” said he.  The people cheered, but some of them cried, “We do not understand What changed its worth.”  Swift came the reply:  “The touch of the master’s hand.” And many a man with life out of tune, And battered and scarred with sin, Is auctioned cheap to the thoughtless crowd, Much like the old violin. A “mess of pottage,” a glass of wine;  A game – and he travels on. He is “going” once, “going” twice.  He’s “going” and almost “gone.” But the Master comes, and the foolish crowd Never can quite understand The worth of a soul and the change that’s wrought By the touch of the Master’s hand.”  Myra Welch  

North Las Vegas Man Killed by Commercial Bus

According to the Las Vegas News, Pablo Azila Sandoval, of North Las Vegas, was killed when he was hit by a commercial bus at Cheyenne Ave. and Clayton Street.  According to the police, a car abruptly stopped in front of the bus causing the bus driver to swerve and hit Mr. Sandoval who was crossing the street.  This is the 9th traffic related death in North Las Vegas already this year.   Please see http://www.8newsnow.com/story/23227265/breaking-news-pedestrian-struck-killed-in-north-las-vegas for more information.  

Truman Law Firm, Your Las Vegas and Southern Utah Personal Injury Attorneys.  Although we are here to help you every step of the way with your personal injury claim, let’s all work together to make our roads a safer place so you won’t need our services in the first place.

Sixty-Three Traffic Related Deaths Already in Las Vegas Police Jurisdiction this Year

According to the Las Vegas police, another person unfortunately died on August 22, 2013 in a Las Vegas car crash. The decedent reportedly ran a red light in his 1997 Buick Park Avenue while traveling north on Arville Street.  The driver of the Buick was struck by a 2002 Dodge Dakota that was heading east on Oakey Boulevard.  Our thoughts and prayers go out to the families of those involved in this unfortunate automobile accident.  You can learn more at http://www.8newsnow.com/story/23240305/driver-dies-after-running-red-light-in-las-vegas.

How can we reduce the needless loss of life?  Driving is dangerous.  We must remember that and keep our attention focused on our driving.

Truman Law Firm, Your Las Vegas and Southern Utah Personal Injury Attorneys.  Although we are here to help you every step of the way with your personal injury claim, let’s all work together to make our roads a safer place so you won’t need our services in the first place.

2013 Models of Husqvarna Closed Course/Competition Motorcycles Recalled

The Consumer Product Safety Commission has issued a recall of about 260 Husqvarna competition off-road motorcycles, including CR-125, WR125, WR250 and WR300,  due to an issue with the throttle mechanism. Reportedly, the throttle cable on the motorcycle can malfunction unexpectedly, causing the rider to lose speed control, posing a crash hazard. Consumers are instructed to immediately stop using the motorcycle and to contact an authorized Husqvarna dealer to schedule a free repair.  For more information please see:  http://www.prnewswire.com/news-releases/husqvarna-recalls-closed-coursecompetition-off-road-motorcycles-due-to-crash-hazard-219417691.html.    

Truman Law Firm, Your Personal Injury, Auto Accident and Car Crash Attorneys.  We are here to help you every step of the way.

SUV Roll Over Result of Distracted Driving

A teenager was taken to the hospital on August 9, 2013 after her SUV rolled on  southbound I-15 near St. George, Utah. According to St. George News, the 16 year old female driver was reportedly distracted by the radio when she veered off the road and hit a construction sign, causing her SUV to roll.    Fortunately, this young driver was not seriously injured in the automobile accident.  This crash certainly is another reminder to all of us of the importance of keeping our attention focused on our driving.  Please be careful.

Truman Law Firm, Your Personal Injury Law Firm here to Help You in St. George and Las Vegas after a Crash or Accident.

[Photo: Courtesy of St. George News]

Sixty-First Traffic Related Fatality in Las Vegas Metropolitan Police Department’s Jurisdiction

With the death of Mizuki Uchida, a 24-year-old woman, who was broadsided by a cement truck driver, on August 7, 2013, there already have been 61 traffic-related deaths within the jurisdictional area of the Las Vegas Metropolitan Police Department.  This unfortunate 24 year old died after colliding with a concrete mixer dump truck south of West Lone Mountain Road near the 215.  The cause of the crash apparently still is under investigation.

Our prayers go out to the family and friends of Mizuki Uchida.  May they find peace during these difficult times.

Let’s all work together to make our roadways safer by following the basic Rules of the Road.  Losing one life is one too many, let alone 61 just this year.

Truman Law Firm, Your Las Vegas Personal Injury and Automobile Accident/Car Crash Attorney.