Bicycle Accident

Washington City Resident, Braydon Nielsen, Dies After Being Struck by Minivan

Braydon E. Nielsen, a Washington City cyclist died after being struck by a white Dodge mini-van Tuesday evening, September 3, 2013, at about 5:45 p.m.  According to news reports, Braydon E. Nielsen was riding his bicycle on Southern Parkway when he was struck by a white minivan that was traveling westbound on Southern Parkway.  According to St. George Police Lt. Shawn Hinton, the driver of the minivan and witnesses reported that the sun was impairing their vision.  The driver of the minivan reportedly told the investigating officer that he did not see Mr. Nielsen until he hit him.  According to the Spectrum, “Emergency personnel performed CPR on Nielsen at the scene before he was airlifted at about 8 p.m.”   Mr. Braydon E. Nielsen is a triathlete who leaves behind a wife and four young children.   Mr. Nielsen was a nurse who worked at Dixie Regional Medical Center.  He certainly will be missed by all those who worked with him and competed with him in his running, biking and swimming.  For more information, visit:  http://www.ksl.com/?sid=26716948&nid=148&title=bicyclist-fatally-hit-setting-sun-may-be-a-factor&fm=home_page&s_cid=queue-2.   http://m.sltrib.com/sltrib/mobile3/56822165-219/nielsen-george-troopers-wrote.html.csp.  http://m.sltrib.com/sltrib/mobile3/56823667-219/crash-nielsen-uhp-cyclists.html.csp.     http://www.thespectrum.com/article/20130903/NEWS01/309030014/

We certainly hope that the 58-year-old driver of the minivan, along with his insurer, will do the right thing to help Mr. Nielsen’s wife and young children cope with the tragic loss of their husband and father.  Driving with the sun in your eyes is dangerous.  It is like driving blind.  As drivers, we have a legal duty to use ordinary care to avoid placing others in danger and to use care to keep a proper lookout for potential harm.  We have a duty to operate our car so as to avoid danger.  When we violate our duty and cause harm to another, we must compensate that person for the harm done.

How do we compensate for harm done?  What is required?  We have struggled with this since the beginning of time.  From the earliest of writings, what we see is a struggle to figure out how are we going to do justice on earth?   We as a human race have struggled with this over and over again.  In the Old Testament, in the book of Isaiah, it states, “Learn to do well. Seek judgment, relieve the oppressed, judge the fatherless and plead for the widow.” Isaiah 1:17.   In the book of Exodus, it talks of an eye for an eye, a tooth for a tooth, a burning for a burning and a wound for a wound form of justice.  In Exodus, Chapter 20, it states if an ox were to gore someone and the ox had a history of pushing with its horns, the ox was to be stoned and its owner was to be killed unless the owner paid a sum of money to ransom his life.

Fortunately, under our civilized system of modern justice, the law doesn’t allow an eye for eye or a tooth for a tooth type of justice.  Under our civilized system, instead of an eye for an eye, the law requires that the injured party be fairly and adequately compensated for the loss sustained. In other words, all we can do is award a sum of money, a poor substitute indeed for the loss sustained, but we award a sum of money equal to the harm done.   There’s no other way to do it because the law, unfortunately, cannot turn back the clock and restore that which was taken.

Under Utah law, in a wrongful death action, the heirs of the decedent are entitled to recover the following damages from the wrongdoer:  1) Loss of support – the amount of money the decedent would have earned had his or life not been taken;  2)  Loss of assistance and service to the family;  3.  Loss of society, companionship and happiness of associations with the decedent; and  4) Loss of the possibility of inheritance, if the descendent is an adult.  The “‘full value of the life of the deceased is determined and recovered’” and this value includes the “‘financial support furnished; loss of affection, counsel and advice; loss of deceased’s care and solicitude for the welfare of the family; and loss of the comfort and pleasure the family of the deceased would have received.’”  Allen v. United States, 588 F. Supp. 247, 1984 U.S. Dist. LEXIS 16823 (D. Utah 1984).   We certainly hope that the insurer of the person responsible for this tragic death will immediately step up to the plate and take care of the Nielsen family; that the insurer will do what it is required to do under Utah law when there has been a wrongful death by fairly and adequately compensating the Mr. Braydon Nielsen’s family.

Our thoughts and prayers go out to the Braydon Nielsen family.  May they find peace and hope through the gospel of Jesus Christ during these most difficult of times.

Truman Law Firm, Your Utah and Las Vegas Personal Injury and Accident Attorney.  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.

Night Ambulance

22-Year-Old Woman Died in Ogden Car Crash

According to the Salt Lake Tribune, a 22-year-old woman was killed in a car crash in Ogden, Utah early Sunday morning when a 25-year-old woman driving South on Adams Avenue collided with her.  Our thoughts and prayers are with both of the families involved in this tragic car crash.  http://www.sltrib.com/sltrib/news/56813000-78/woman-ogden-crash-died.html.csp

Does anyone know the cause of the car accident?  Did it involve distracted driving?  What can we all do to make our roads safer?

Truman Law Firm, Your Personal Injury Law Firm here to Help You after a Crash or Accident.  We will be with you every step of the way.

Night Ambulance

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.

Dont drink and drive

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.

Vegas Night

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.

Night Ambulance

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.