#it’s congested on the highway and the car behind us was distracted and had to swerve into the shoulder to avoid crashing into us
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nina-ya · 30 days ago
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Happy thanksgiving to those who celebrate!! If you don’t celebrate for whatever reason I still hope you all have a great day because you deserve it 💕
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sleephyjhs · 5 years ago
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You Hug Them when in Distress (REACTION)
all members are included under the ‘keep reading’ link
m.list | requested
tw: mentions of emotional distress
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KSJ
You stormed into Seokjin’s apartment, your bag in hand ready to throw onto the couch. He’d allowed you to use his place to study for your university exams since libraries and classrooms were packed. The isolated work space had allowed you to complete what you thought would be good revision, but your first exam was nothing but disaster.
“How did it go?” He asked, coming out from the wall that separated the dining room. You grunted in frustration, chucking your bag at the large sofa cushions, “Oh dear. I take it not too well?”
Seokjin was your best friend, you weren’t afraid to cry around him. Scorching tears slivered down your cheeks while you whimpered in all the different emotions you could think of. He sat beside you, reaching out to rub your back as you curled into your knees, “I’ve failed, I know I have!”
“Listen-“ He began. Before you allowed him to continue, you raised your head and buried it into his shoulders. Your arms reached around his frame as you cried harder into his shirt. Seokjin paused in his upcoming anecdote and shifted his hands to attempt and comfort you, “Listen, this was only the first of.. seven? You have six more chances to show them how amazing you really are, yeah?”
The congested sniffles that accompanied tears were upcoming, “I hope you’re right.” Even his presence was relief enough. He tightened his hold around your shaking body and began to slowly rock you. It went without saying that Seokjin was one of your most trusted friends, and above that, a good shoulder to cry on.
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MYG
Constant alert sounds from your phone easily caught Yoongi’s attention. You were never this popular. The idea of muting your ex hadn’t even crossed your mind; instead you allowed yourself to read the abusive messages.
The spiteful comments that continued to roll across the top of your phone became like daggers. Once upon a time, such remarks wouldn’t have affected you, but even you had your thresholds. Amidst the messages, your long-hidden tears began to well at the brims of your eyelids and soon enough, they had fallen.
“Come on, what’s going on?” Yoongi asked, waddling over to your spot on the couch. He had been the person who’d helped you out of a harsh breakup, you were relieved to be in his presence, “Is it him?”
You handed over your phone to Yoongi who resumed to flick through the tens of messages. While he held your phone, you rested your head on his shoulder and proceeded to embrace him. Yoongi had never been the biggest on surprise skinship, but he’d never turn you away, “He’s just being annoying, that’s all.” You insisted through weighted sniffs.
Using his spare arm, Yoongi reached around to grip your shoulder affirmingly, “I’ll take care of it. You don’t need to worry, alright?”
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JHS
A few months ago, at the end of spring, you’d been unfortunate enough to have been in the wrong place at the wrong time. Never did you think that it could happen to you, but it did. When on the highway, another driver had misjudged the gap between you and another truck, resulting in your car being pushed over another lane and you sustaining a couple of minor injuries.
It wasn’t serious, you’d won your claim and insurance had covered the damage to your car. But in the few seconds that it took to harm your car, the entirety of your life had flashed before you. Sometimes, when left to overthink, the initial panic of the incident returns and you can’t help but become upset.
Hoseok looked over to your place at the dining table where you continuously picked at your nails. It was only a nervous habit, but one that you made obvious enough for concern, “Overthinking?” He asked, carrying a bowl through to the kitchen.
You stared into space to process his simple question. Hoseok turned his back to begin cleaning the used dishes, and as he did, you began to pace over to him, “Was it my fault? The accident?” Trembling vocal chords made your distress sound more apparent, and your building panic earned a empathetic sigh from Hoseok.
Before he had the chance to answer, you wrapped your arms around his stomach and laid against his back. He froze in place, clearly started by your sudden gesture. Nevertheless, he welcomed it, “Not at all. You were just in the wrong place at the wrong time, that’s all.”
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KNJ
It had been apparent to you for months that your workplace wasn’t stable enough to keep operating, and that sooner or later you’d have to find a new job. A new job, with pay as good or even better than before, would be near impossible to find. Especially with your limited schedule and infinite amount of students searching for workplaces, you were prepared to give up before you’d even begun.
Time was the single security you had in your situation, but after losing your job a few days ago, the only thing burdened in your mind was stress. To try and distract yourself for a few hours at the least, you’d invited your best friend, Namjoon, to a near café to catch up. You spoke almost everyday on the phone, but you’d failed to mention the loss of your income in fear of breaking down.
He approached the far table you waited at enthusiastically, “Hey!” His coat was already sling down his arms and over the back of his chair. Instead of returning his verbal greeting, you raised from you chair and hugged him instead. It was a rarity for you, but it felt right, “This is sudden? What’s up?”
You retracted from his embrace shortly. Having known Namjoon for as long as you had, you were aware his advice and willingness to help you in any situation were simply invaluable, “Could you help me with a few things? I desperately need it.
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PJM
Moving to Seoul to study was easily the biggest decision you’d made so far in your life and by far the best. You’d met so many incredible people that you never would have met by staying in Busan, but of course, you couldn’t help but miss home.
Your homesickness became worse around your birthday. Not being able to celebrate with your family and old friends was the worst part of it all. Your current friends were more than capable of throwing you the perfect party, but it still wasn’t complete.
After the move, Jimin had quickly grown to become your best friend. As he was also from Busan, he was able to listen to you rambling about every aspect of childhood you missed and understand your longing for home. A couple of days following your birthday, Jimin visited you apartment just to spend time with you on your day off, and following a conversation relating to your birthplace the familiar feeling of homesickness had returned.
Emerging from the laundry room, you found Jimin stood in the kitchen drinking from a mug oblivious to your whereabouts. Without the time to think of words, you hugged him gently from behind, careful not to spill any beverage, “Everything okay back there?”
“Homesick, nothing much.”
“Tell you what,” Jimin started, turning around and using his spare hand to softly pat your back, “when there’s time in our schedules, we’ll go to Busan together. I miss it too.”
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KTH
Since you were a teenager, you knew that your dream job was to work in childcare. As the youngest in your family, you’d never been able to watch somebody grow up in front of you, and so the opportunity was appealing. Working in a preschool was everything you wanted in a job, but of course, it came with it’s stresses.
Taehyung, one of your closest friends, was staying with you for a couple days and was always back at your apartment by the time you were home. You pushed the front door open, quick to dump your shoulder bag on the sofa and kick your shoes to the side of the corridor, “How was your day?” He asked, turning to look away from his phone as he sat cross-legged across the room.
There were a million different ways to describe your lacklustre day and yet none of them were available to you. Instead, you heaved a sigh and walked over to lay next to him. Taehyung welcomed your head in his lap as he became more aware of your exhaustion, “It’s harder than you think, working with kids. They’re amazing but constant headaches and bickering.. it’s tiring after so long.”
“No, I can imagine.” He assured you, twirling a strand of your hair between his fingers, “How does tea sound? Or coffee? Vodka?”
You stifled a laugh at his somewhat successful attempt to make you smile, “Camomile sounds great, Tae.”
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JJK
Selling prints of your artwork was a business you never imagined taking off, but a fair share of your income was earned from people enjoying what you made. Nothing made you happier than to see people praise and appreciate what you loved to do, and so it was just an added bonus that you could make money from it.
All orders you received were packaged in your own front room. Stacks of drawers filled with stickers, envelopes, cards and products framed the wall of your study. As you were preparing to fill out a surge of overnight orders, your doorbell sounded. Of course, it was your best friend.
Jungkook didn’t often make surprise visits, but they were always welcome when they took place. For once, you couldn’t even fake a smile to greet him; the stress of your task was already getting to you and you hadn’t even started, “Come see what I’m doing.”
You led him through to the room where you’d only laid out the tens of coloured envelopes you were ready to use. His dropped jaw and widened doe eyes demonstrated the same level of shock you felt. Sighing in disbelief of your task, you buried your face into his chest, “I didn’t think it would ever get this big.”
After evaluating the situation before him and considering the amount of time he had, Jungkook proposed an offer to you that was impossible to deny, “If you teach me how, I’ll help you. It looks like fun, really!”
You rolled your eyes at his constant enthusiasm, of course still glad he had it, “You won’t be saying that in 10 minutes time, I promise.”
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bigyack-com · 5 years ago
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The Unforeseen Dangers of a Device That Curbs Drunken Driving
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Over the past decade, states have increasingly turned to a powerful tool to stop drunken driving before it starts: miniature breathalyzers, wired into a car’s electronics, that prevent the engine from starting unless the person behind the wheel is sober enough to drive.These devices, called ignition interlocks, have been remarkably effective. One study found that states mandating them for all drunken driving offenders had 15 percent fewer fatalities from alcohol-related car accidents.But while interlocks have prevented thousands of crashes, they have also caused them. In November 2017, Alexis Butler was backing out of a driveway in Arlington, Tex., when a speeding pickup slammed into her Toyota Camry. The driver, Blake Cowan, had been arrested twice the previous year for drunken driving, but he was sober at the time of the crash, according to police records.To start his truck, Mr. Cowan had to prove his sobriety by blowing into an interlock device — a machine the size of a cellphone, wired to the car’s steering column. But to keep driving, he had to provide additional breath samples to show he hadn’t been drinking on the road.Those checks, known in the industry as rolling retests, occur at random. They require the driver to lift a hand off the wheel, pick up the device and blow — hard — into its mouthpiece for several seconds. If the driver fails or doesn’t comply, the car goes into panic mode: its headlights flash and its horn honks until the driver turns off the engine.Mr. Cowan had just passed a test, but dropped his interlock on the floor. Wanting it in easy reach for his next one, he distractedly fumbled for it, he told a police detective — and hit Ms. Butler’s car. She died a week later. Nearly 350,000 people in the United States have interlocks, according to the latest estimate in an annual industry report, up from 133,000 a decade earlier. Thirty-four states — including, this month, New Jersey — require people with drunken-driving convictions to install the devices. That number will no doubt grow; other states are considering similar laws. Two United States senators are pushing legislation that would require all new cars to include a version of the technology by 2024.But the devices’ potential to divert motorists’ attention has drawn little scrutiny, even as states clamp down on other forms of distracted driving, like texting behind the wheel or putting a phone to your ear.A review by The New York Times of accident reports and lawsuits turned up dozens of examples of collisions in which the devices played a role. A Pennsylvania driver trying to complete a test blew so hard that he blacked out and crashed into a tree, nearly severing his left hand. Another in rural New Hampshire struck a telephone pole. And in California, a man attempting a rolling retest on a busy highway crossed the dividing line and hit another car, badly injuring a woman and killing her husband.
A Lucrative, Growing Industry
In 2005, New Mexico became the first state to require interlocks for everyone convicted of driving drunk. More than a dozen others soon followed, spurred on by a nationwide lobbying campaign by Mothers Against Drunk Driving. The organization says its top legislative priority is getting all states to mandate interlocks for every drunken-driving offender. MADD has also called for automakers to include such technology as an option in all vehicles.“The research showing that interlocks save lives is pretty overwhelming,” said J.T. Griffin, MADD’s chief government affairs officer. That’s not the only reason they’re an easy sell: States don’t foot the bill. Drivers pay about $75 to have the devices installed in their cars, as well as a monthly monitoring fee that generally runs between $60 and $100. The annual cost of having a device is typically $1,000 or more. That has created a lucrative industry. Smart Start, based in Texas, estimated its interlock revenue last year at around $150 million — nearly double its revenue from four years ago — according to its chief executive. Dräger, a German company that is among the leading manufacturers of breathalyzer machines, now makes twice as much money from interlocks in the United States as it does from its traditional breath-test business. Private equity firms looking to cash in have bought several interlock makers, including Smart Start, and are circling others. When regulatory warnings about rolling tests have come up, Interlock companies have pushed back.In 2006, the National Highway Traffic Safety Administration, the federal regulator in charge of setting vehicle safety equipment standards, began revising its 14-year-old guidelines for how interlock devices should work. A 2010 draft of the document said the agency “does not intend” that users perform rolling retests and said they should be performed while stopped on the side of the road.The interlock industry and others objected, arguing that rolling retests were safe and, in any case, that it was impractical to expect drivers to pull over. “All interlock vendors advise the client/user to pull off the road in a ‘safe’ place to take the retest,” the president of LifeSafer, a leading vendor, wrote in a letter to the N.H.T.S.A. He wrote that the “practical reality” of interlocks is that “99 percent” of retests happen while the vehicle is moving. Another company, National Interlock Systems, wrote, “While it is possible that there have been traffic accidents while the test is being taken, we are not aware of any.” And state officials from Colorado said rolling retests would actually be safer in many situations, like tunnels and “congested environments with tight lanes and limited shoulders.” The regulator backed down. In its final guidance, published in 2013, it wrote that it was “very concerned about distracted driving” but would not specify how retests should be conducted. The agency also said that was “more appropriately a function for States and local jurisdictions.”In a statement to The Times, the agency said the devices give “ample time” to pull over for a test.
Blind Spot
The federal agency’s statement said it had not studied the issue of distracted driving and interlocks. States that mandate them have not, either.David Kelly, the executive director of the Coalition of Ignition Interlock Manufacturers, said his group’s members were aware of very few accidents involving their devices — but he acknowledged that no one is actively looking for them. “There hasn’t really been much research in this area at all, and part of that is because, from what we understand and the evidence we’ve seen, the distraction issue isn’t really that big of an issue,” Mr. Kelly said. The Times worked with officials in North Carolina — one of the few states that makes most traffic collision records public — to see if interlocks were cited in police crash reports. The review went back 10 years, spanning three million crashes.In 2017 — when about 11,500 of the state’s drivers had interlocks, according to an industry-funded study — there were eight crashes linked to the devices. In all, interlocks were involved in 58 crashes over the 10-year period. That is almost certainly an undercount: Not every crash report is logged in the state’s database, and many reports lacked searchable descriptions of the crash’s circumstances. One driver told local police that he reached for his beeping interlock, missed a curve in the road and “woke up to someone saying he had been in an accident.” Two drivers rear-ended stopped cars during rolling retests. A fourth driver hit a sheriff’s vehicle. A fifth veered off the road and into a field, where he hit a calf. Mr. Kelly said the crashes turned up in The Times’s review reflected just a sliver of the collisions caused by other distractions like changing a radio station, sipping a drink or toying with a cellphone. “You’re never, ever going to eliminate all of the distraction risk inside a vehicle,” he said. “Every manufacturer tells customers they need to pull over for a retest and operate safely.” People who favor the use of interlock devices say that any distracted-driving perils posed must be weighed against the far greater threat of drunken driving, while allowing offenders to get back on the road without driving on a suspended license. Rich Leotta, whose son Noah was killed by a drunken driver, lobbied for a 2016 Maryland law requiring interlocks for everyone convicted of the crime. “The interlock allows people to go back out and live their normal lives, while protecting everyone else on the road,” Mr. Leotta said. “It’s saving lives. I think the positive impact significantly outweighs any potential risks.” In a letter to The Times, MADD’s president, Helen Witty, said interlocks had saved lives by preventing more than three million attempts to drive drunk in the past dozen years. She also suggested the accident reports supplied by officials in North Carolina were not necessarily accurate, because the drivers cannot be trusted to tell the truth.“My two decades of experience with MADD has taught me to go beyond initial statements provided by a convicted drunk driver, particularly one who has once again gotten into some kind of trouble.”
False Positives
Even when interlocks are used safely, sober drivers can end up in legal jeopardy. The most advanced breath-testing devices are the machines found in many police stations. But they have had reliability problems, including software glitches, poor maintenance and human error. In recent years, courts have thrown out more than 50,000 such tests that were flawed.Interlock devices use a cheaper and less trustworthy technology, the kind found in hand-held breath testers used in traffic stops. (Such tests are generally not considered reliable enough to be used in court.)Mouthwash, toothpaste, breath mints and gum can trigger false positives. So can certain foods: Smart Start’s website warns drivers to avoid sugary snacks like doughnuts, cinnamon rolls and chocolate before blowing into their devices. Chris Murray, a musician who was convicted of driving drunk in 2013, still doesn’t know why he failed a rolling retest.Driving from Maryland to North Carolina for a gig in March 2014, he successfully completed several retests on his Guardian Interlock Systems device. Then, two hours into his trip, he failed one. Mr. Murray was baffled. He’d had nothing but water and coffee to drink since he started his car. He pulled onto the highway shoulder, turned off his car and waited a few minutes to try again. He failed again. Half an hour later, a Virginia state trooper stopped to check on him — and Mr. Murray set out to prove he wasn't drunk.“I told him I want to do every sobriety test on the planet,” Mr. Murray said. The trooper later testified in court that Mr. Murray had showed no signs of impairment. Worried about getting to the gig on time, Mr. Murray called his bandmates for a ride and left his stranded car to be towed. The failures triggered a report to his probation officer, who sought to revoke Mr. Murray’s probation and send him to prison. Terrified, he hired a lawyer and started barraging executives at Guardian with complaints about what he insisted were faulty tests.The company didn’t budge. “Our Director of Training and Standards has reviewed the violations and agrees they are valid,” a Guardian representative responded in a letter reviewed by The Times. Company representatives did not respond to requests for comment.Mr. Murray’s case went before a Maryland state judge. His lawyer called witnesses, including the Virginia state trooper, to back up his story. The judge ruled in Mr. Murray’s favor and ended his probation. He was left with about $4,000 in legal fees and other costs.
Lives Changed
Ms. Butler never regained consciousness after Mr. Cowan crashed his truck into her car. Two months later, he was charged with manslaughter. Mr. Cowan pleaded guilty and was sentenced this month to 16 years in prison. He is haunted by the crash and has twice tried to kill himself, according to his lawyer, Charles Smith. Ms. Butler’s mother, Barbara Barr, said rolling retests should not be permitted. The devices, she said, should give drivers plenty of time to find a safe place to stop — and drivers should be required to pull over.“We have laws against texting and driving,” Ms. Barr said. “They don’t have a law on interlock.” Read the full article
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michaeljames1221 · 4 years ago
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Injuries On Dangerous Roads
Utah is widely known for having some of the most scenic roads in the country. While most states dread road construction, Utah’s actually boast about the topic in humorous lighting. All that being said, Utah still sees its fair share of fatal accidents. In fact, there were 128 traffic deaths in 2018 and 20% of those people were not wearing belts, according to the Utah Highway Patrol. “Every crash death has a huge impact on our society,” of the Utah Highway Patrol. While these accidents are often a result of human error, other times it is the sheer quality of a roadway that causes the crash.
Most Dangerous Roads in Utah – Interstate 15
Starting at number one on our list of dangerous roads in Utah is the well-traversed Interstate 15. Running north to south through most of the state, I-15 passes through many of Utah’s most heavily populated regions, including Ogden, Salt Lake City, and Provo, all the way down to St. George. Anyone who has traveled this highway knows I-15 is a traffic hot spot for trouble. Here are the highest risk factors for an accident on this roadway. Risk Factors: • High speed limit (75 mph) • Limited visibility due to large vehicles • Heavy traffic congestion • Accident-prone roadway Interstate 15 has seen thousands of accidents in the last few years, and while Utah cities continue to grow, this highway is not getting any bigger…at least not for now. If you frequently use I-15 or plan to travel through Utah, remember to drive with caution on this route and be mindful of other drivers around you.
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Highway 6 In Utah
Highway 6 has not only made it onto our list of most dangerous roads in Utah, but according to NPR, this route is also one of the riskiest rural drives in the country. Since 1996, there have been more than 150 accident deaths as well as a gruesome 500 serious accidents on just that middle portion of the highway. From Spanish Fork down to Price, this 60-mile stretch of roadway snakes through canyons on a tight and twisting route. Here are the risk factors you’ll want to keep in mind when traveling on Route 6. Risk Factors: • Narrow traffic lanes • High freeway speed • Busy truck route from SLC to Denver • Frequent risk of head-on collision Unfortunately, Highway 6 is not the best route to pass slow-moving vehicles on. Many fatal accidents occur on this roadway because drivers end up crossing into oncoming traffic. If you travel along the Wasatch Mountains on Route 6, drive safely and watch for oncoming traffic.
Utah’s Interstate 70
Interstate 70 ranks 3rd on our list of dangerous roads in Utah for having a scenic yet perilous route. Known as one of the main interstate routes connecting the east coast to the west (almost), the portion of I-70 in Utah is one of the few roadways that doesn’t actually pass through any major cities. Nevertheless, this highway presents imminent danger to those unfamiliar with driving on desolate roadway systems.
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The following risk factors will help any driver see the true peril of Interstate 70. Risk Factors: • Zero services from Green River to Salina • High elevation peak (7,886 feet) • Snaking turns through Spotted Wolf Canyon • More opportunities for distractions Due to its long stretches of nothingness and steep climbs up to mesmerizing canyon views, it’s no surprise that this highway has made it onto our list. All drivers should be prepared when traveling this route, especially for the 100 miles between Green River and Salina.
Washington Boulevard in Ogden, Utah
The dangers of Washington Boulevard have been on the Utah Department of Transportation’s radar for quite some. A roadway that has seen at least one car accident a week since 2015, this busy route has a history of devastation for motorists and pedestrians alike. Passing through North Ogden’s rapidly-growing business district, if you’re a local commuter consider the following risk factors. Risk Factors: • Deadly crosswalk • Only a two-lane roadway • Busiest route in Weber County • High tailgate zone • Poor left-hand turn visibility Ogden residents have even asked UDOT to install a crosswalk and light at 650 North on the boulevard to prevent further injuries. Sadly, some traffic is near impossible to avoid, but if you drive down Washington Boulevard often, keep a safe distance between cars ahead of you and make sure you can see oncoming traffic before making a left-hand turn.
Interstate 80: The Transcontinental
Interstate 80 differs from I-70 in that it actually runs from east to west and traverses the entire United States. This route begins in downtown San Francisco, California and travels all the way up to Teaneck, New Jersey. In fact, it is one of the original highways constructed in 1956. Unfortunately though, I-80 ranks third in Utah for having the highest traffic fatalities in the state. Like other roadways on our list, I-80, too, has a higher speed limit. Navigating this area has caused some deadly accidents in the past. Here are the following risk factors to driving on I-80 through Utah. Risk Factors: • Passes right through “spaghetti bowl” in SLC • Dangerous winter road conditions • Various animal migration areas • High speeding zone In the beginning of 2018, UDOT crews installed signs to help drivers know where to stop in case of an emergency. They also installed stretches of fencing to stop tragic accidents with migrating species in the future. If you’re on a cross-country road trip or simply taking a drive on I-80, watch out for nasty road conditions and other speeding drivers.
Road Conditions: Who Is Responsible?
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Roadways throughout Utah must be designed to accommodate a wide range of traffic—including bicycles, motorcycles, all types of cars and large commercial trucks as safely as possible. When your town or city fails to do this, the municipality may be held accountable for any resulting damages. Some of the conditions that may justify legal action in these cases include: • Fundamentally dangerous road design, including slopes that are unsafe for the traffic mix in inclement weather • Damaged or non-existent guardrails • Obstructed or poor visibility at intersections • The lack of essential warning signs and signals, including those required at railroad crossings • Improperly designed or marked bike lanes, particularly near roundabouts • Failure of road crews to observe critical safety guidelines and standards when setting up and working in construction zones • Road defects and uncollected debris known to UDOT officials or representatives Dangerous road conditions can include insufficient lighting, improper or obstructed signage, dangerous speed limits, poor road construction, malfunctioning traffic lights, uneven asphalt/potholes, and more.
Dangerous Road Conditions
Not all car accident cases are the same. Sometimes, uncommon circumstances are involved that make proving liability a bit more difficult. This can be the case when dangerous road conditions contributed to or fully caused your accident. There are typically two types of personal injury claims surrounding accidents caused by dangerous roads: • Government liability: If a road has a defective design or if it has not been properly maintained and results in your accident, you may have a claim against the government. These cases have a unique layer of complexity due to the government’s involvement as a defendant. • Driver negligence: If a road becomes dangerous due to adverse weather conditions, it is the responsibility of each motorist to adjust his or her driving to ensure safety. For example, if a driver speeds during a heavy rainfall, hydroplanes, and crashes into another vehicle; this driver is responsible for any resulting injuries. Vehicle Damage Due To Poor Road Conditions: Who Is Liable? Figuring out who is liable for most car accidents isn’t a mystery. If you are stopped at a stop sign, and the car behind you rear-ends you, then that driver is most likely liable for damage to your vehicle and for any injuries you suffer. But what if your vehicle is damaged (or you are injured) because of: • potholes, • shoulder drop-off • oil and chip • construction zone • icy or snowy roads, • wet roads. ? In many cases, it is the government entity charged with maintaining the road where your accident took place. But there are also times when someone other than the government is responsible.
The Government’s Responsibility to Maintain Roads
As mentioned above, the city, county, or state charged with maintaining the road where your accident occurred may be responsible for any damage caused by poor road conditions. The theory here is, because it is the government’s job to maintain the roads, the government is also responsible for any damage that results when roads aren’t kept reasonably safe. The key here is what is considered “reasonable.” The government won’t always be responsible simply because your vehicle was damages by the questionable condition of a road. State laws typically allow the government a reasonable amount of time to discover poor road conditions and a reasonable amount of time to repair them. Governments generally discovery dangerous road conditions in one of two ways: • through individuals reporting a dangerous condition, and • by conducting regular surveys of the roadways. If the government has not discovered a dangerous road condition, there is a good chance it will not be responsible for any damage the condition causes. The one exception may be, if the dangerous condition has been around long enough that the government should have discovered it. In that case, the government may still be on the hook even though it did not actually know about the poor road condition. Also, the government will not likely be responsible for damage caused by a dangerous road condition if it has not had enough time to repair the condition.
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If you are going to make a successful claim against the government for damage to your vehicle caused by poor road conditions, you will have to prove two things: • the government knew about the poor road condition (or should reasonably have known about it), and • the government did not repair the poor road condition within a reasonable amount of time. Making a Claim The first thing you will want to do is take down relevant information. Record the following: • the general location of the poor condition, i.e. what businesses/landmarks are nearby? • the name of the road • the direction you were traveling • the exact location of the poor condition in the road • the physical characteristics of the poor conditions, e.g. size and depth of a pothole • the names and contact information of any witnesses If you think you may have a claim, you will need to find out which government body is responsible for maintaining the road in question. You can likely find out which government body is responsible by calling your local county commissioners’ office. If they are not responsible, they can likely tell you who is. Once you determine which government body is responsible, you will need to give the government body notice of your claim. You will probably need to do this quickly. Typically there is a limited amount of time to make such a claim. If too much time has passed, you may lose your right to make a claim.
Proving Your Claim
Chances are, the government is not going to send you a check for your property damage just because you make a claim. You will have to prove the government is legally liable. First, you need to show the government knew about the poor condition. The government may admit to its knowledge of the poor condition. If not, you have a couple of options: • Request Survey Records: Government bodies conduct regular surveys to check for poor road conditions. You can request these records. Examine them and determine whether someone previously located the poor road condition that caused your vehicle damage. • Show the Government Should Have Known About the Poor Condition: This could be difficult. It will take some leg work. You will have to take measures to research the area. One way to do this is to interview people who live nearby.
Are There Limits on Damages in a Bad Road Condition Case?
If you file an administrative claim with the government for vehicle damage because of bad road conditions, depending on your state’s laws, there might be a cap on the dollar amount you can recover via the claim process. But this issue is a little more nuanced than that. If you’re asking for more than a certain amount, the government might ask you to specify whether you intend to file any future lawsuit in small claims or regular civil court. Your answers could affect the government’s decision whether to settle your claim. The amount you’re seeking in damages will also dictate your future options. If your claim is denied or no action is taken by the government, and you’re allowed to file a lawsuit, you’ll have to choose whether you’re going to file in small claims court (where you can only ask for up to a certain amount) or in regular court, where there are typically no caps on what a plaintiff can seek. Since these kinds of cases are limited to property damage, which is usually easy to quantify, you should be able to plan ahead and navigate a path that leads to full compensation for your losses.
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from Michael Anderson https://www.ascentlawfirm.com/injuries-on-dangerous-roads/
from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjordanutah.wordpress.com/2020/07/16/injuries-on-dangerous-roads/
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advertphoto · 4 years ago
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Injuries On Dangerous Roads
Utah is widely known for having some of the most scenic roads in the country. While most states dread road construction, Utah’s actually boast about the topic in humorous lighting. All that being said, Utah still sees its fair share of fatal accidents. In fact, there were 128 traffic deaths in 2018 and 20% of those people were not wearing belts, according to the Utah Highway Patrol. “Every crash death has a huge impact on our society,” of the Utah Highway Patrol. While these accidents are often a result of human error, other times it is the sheer quality of a roadway that causes the crash.
Most Dangerous Roads in Utah – Interstate 15
Starting at number one on our list of dangerous roads in Utah is the well-traversed Interstate 15. Running north to south through most of the state, I-15 passes through many of Utah’s most heavily populated regions, including Ogden, Salt Lake City, and Provo, all the way down to St. George. Anyone who has traveled this highway knows I-15 is a traffic hot spot for trouble. Here are the highest risk factors for an accident on this roadway. Risk Factors: • High speed limit (75 mph) • Limited visibility due to large vehicles • Heavy traffic congestion • Accident-prone roadway Interstate 15 has seen thousands of accidents in the last few years, and while Utah cities continue to grow, this highway is not getting any bigger…at least not for now. If you frequently use I-15 or plan to travel through Utah, remember to drive with caution on this route and be mindful of other drivers around you.
youtube
Highway 6 In Utah
Highway 6 has not only made it onto our list of most dangerous roads in Utah, but according to NPR, this route is also one of the riskiest rural drives in the country. Since 1996, there have been more than 150 accident deaths as well as a gruesome 500 serious accidents on just that middle portion of the highway. From Spanish Fork down to Price, this 60-mile stretch of roadway snakes through canyons on a tight and twisting route. Here are the risk factors you’ll want to keep in mind when traveling on Route 6. Risk Factors: • Narrow traffic lanes • High freeway speed • Busy truck route from SLC to Denver • Frequent risk of head-on collision Unfortunately, Highway 6 is not the best route to pass slow-moving vehicles on. Many fatal accidents occur on this roadway because drivers end up crossing into oncoming traffic. If you travel along the Wasatch Mountains on Route 6, drive safely and watch for oncoming traffic.
Utah’s Interstate 70
Interstate 70 ranks 3rd on our list of dangerous roads in Utah for having a scenic yet perilous route. Known as one of the main interstate routes connecting the east coast to the west (almost), the portion of I-70 in Utah is one of the few roadways that doesn’t actually pass through any major cities. Nevertheless, this highway presents imminent danger to those unfamiliar with driving on desolate roadway systems.
youtube
The following risk factors will help any driver see the true peril of Interstate 70. Risk Factors: • Zero services from Green River to Salina • High elevation peak (7,886 feet) • Snaking turns through Spotted Wolf Canyon • More opportunities for distractions Due to its long stretches of nothingness and steep climbs up to mesmerizing canyon views, it’s no surprise that this highway has made it onto our list. All drivers should be prepared when traveling this route, especially for the 100 miles between Green River and Salina.
Washington Boulevard in Ogden, Utah
The dangers of Washington Boulevard have been on the Utah Department of Transportation’s radar for quite some. A roadway that has seen at least one car accident a week since 2015, this busy route has a history of devastation for motorists and pedestrians alike. Passing through North Ogden’s rapidly-growing business district, if you’re a local commuter consider the following risk factors. Risk Factors: • Deadly crosswalk • Only a two-lane roadway • Busiest route in Weber County • High tailgate zone • Poor left-hand turn visibility Ogden residents have even asked UDOT to install a crosswalk and light at 650 North on the boulevard to prevent further injuries. Sadly, some traffic is near impossible to avoid, but if you drive down Washington Boulevard often, keep a safe distance between cars ahead of you and make sure you can see oncoming traffic before making a left-hand turn.
Interstate 80: The Transcontinental
Interstate 80 differs from I-70 in that it actually runs from east to west and traverses the entire United States. This route begins in downtown San Francisco, California and travels all the way up to Teaneck, New Jersey. In fact, it is one of the original highways constructed in 1956. Unfortunately though, I-80 ranks third in Utah for having the highest traffic fatalities in the state. Like other roadways on our list, I-80, too, has a higher speed limit. Navigating this area has caused some deadly accidents in the past. Here are the following risk factors to driving on I-80 through Utah. Risk Factors: • Passes right through “spaghetti bowl” in SLC • Dangerous winter road conditions • Various animal migration areas • High speeding zone In the beginning of 2018, UDOT crews installed signs to help drivers know where to stop in case of an emergency. They also installed stretches of fencing to stop tragic accidents with migrating species in the future. If you’re on a cross-country road trip or simply taking a drive on I-80, watch out for nasty road conditions and other speeding drivers.
Road Conditions: Who Is Responsible?
youtube
Roadways throughout Utah must be designed to accommodate a wide range of traffic—including bicycles, motorcycles, all types of cars and large commercial trucks as safely as possible. When your town or city fails to do this, the municipality may be held accountable for any resulting damages. Some of the conditions that may justify legal action in these cases include: • Fundamentally dangerous road design, including slopes that are unsafe for the traffic mix in inclement weather • Damaged or non-existent guardrails • Obstructed or poor visibility at intersections • The lack of essential warning signs and signals, including those required at railroad crossings • Improperly designed or marked bike lanes, particularly near roundabouts • Failure of road crews to observe critical safety guidelines and standards when setting up and working in construction zones • Road defects and uncollected debris known to UDOT officials or representatives Dangerous road conditions can include insufficient lighting, improper or obstructed signage, dangerous speed limits, poor road construction, malfunctioning traffic lights, uneven asphalt/potholes, and more.
Dangerous Road Conditions
Not all car accident cases are the same. Sometimes, uncommon circumstances are involved that make proving liability a bit more difficult. This can be the case when dangerous road conditions contributed to or fully caused your accident. There are typically two types of personal injury claims surrounding accidents caused by dangerous roads: • Government liability: If a road has a defective design or if it has not been properly maintained and results in your accident, you may have a claim against the government. These cases have a unique layer of complexity due to the government’s involvement as a defendant. • Driver negligence: If a road becomes dangerous due to adverse weather conditions, it is the responsibility of each motorist to adjust his or her driving to ensure safety. For example, if a driver speeds during a heavy rainfall, hydroplanes, and crashes into another vehicle; this driver is responsible for any resulting injuries. Vehicle Damage Due To Poor Road Conditions: Who Is Liable? Figuring out who is liable for most car accidents isn’t a mystery. If you are stopped at a stop sign, and the car behind you rear-ends you, then that driver is most likely liable for damage to your vehicle and for any injuries you suffer. But what if your vehicle is damaged (or you are injured) because of: • potholes, • shoulder drop-off • oil and chip • construction zone • icy or snowy roads, • wet roads. ? In many cases, it is the government entity charged with maintaining the road where your accident took place. But there are also times when someone other than the government is responsible.
The Government’s Responsibility to Maintain Roads
As mentioned above, the city, county, or state charged with maintaining the road where your accident occurred may be responsible for any damage caused by poor road conditions. The theory here is, because it is the government’s job to maintain the roads, the government is also responsible for any damage that results when roads aren’t kept reasonably safe. The key here is what is considered “reasonable.” The government won’t always be responsible simply because your vehicle was damages by the questionable condition of a road. State laws typically allow the government a reasonable amount of time to discover poor road conditions and a reasonable amount of time to repair them. Governments generally discovery dangerous road conditions in one of two ways: • through individuals reporting a dangerous condition, and • by conducting regular surveys of the roadways. If the government has not discovered a dangerous road condition, there is a good chance it will not be responsible for any damage the condition causes. The one exception may be, if the dangerous condition has been around long enough that the government should have discovered it. In that case, the government may still be on the hook even though it did not actually know about the poor road condition. Also, the government will not likely be responsible for damage caused by a dangerous road condition if it has not had enough time to repair the condition.
youtube
If you are going to make a successful claim against the government for damage to your vehicle caused by poor road conditions, you will have to prove two things: • the government knew about the poor road condition (or should reasonably have known about it), and • the government did not repair the poor road condition within a reasonable amount of time. Making a Claim The first thing you will want to do is take down relevant information. Record the following: • the general location of the poor condition, i.e. what businesses/landmarks are nearby? • the name of the road • the direction you were traveling • the exact location of the poor condition in the road • the physical characteristics of the poor conditions, e.g. size and depth of a pothole • the names and contact information of any witnesses If you think you may have a claim, you will need to find out which government body is responsible for maintaining the road in question. You can likely find out which government body is responsible by calling your local county commissioners’ office. If they are not responsible, they can likely tell you who is. Once you determine which government body is responsible, you will need to give the government body notice of your claim. You will probably need to do this quickly. Typically there is a limited amount of time to make such a claim. If too much time has passed, you may lose your right to make a claim.
Proving Your Claim
Chances are, the government is not going to send you a check for your property damage just because you make a claim. You will have to prove the government is legally liable. First, you need to show the government knew about the poor condition. The government may admit to its knowledge of the poor condition. If not, you have a couple of options: • Request Survey Records: Government bodies conduct regular surveys to check for poor road conditions. You can request these records. Examine them and determine whether someone previously located the poor road condition that caused your vehicle damage. • Show the Government Should Have Known About the Poor Condition: This could be difficult. It will take some leg work. You will have to take measures to research the area. One way to do this is to interview people who live nearby.
Are There Limits on Damages in a Bad Road Condition Case?
If you file an administrative claim with the government for vehicle damage because of bad road conditions, depending on your state’s laws, there might be a cap on the dollar amount you can recover via the claim process. But this issue is a little more nuanced than that. If you’re asking for more than a certain amount, the government might ask you to specify whether you intend to file any future lawsuit in small claims or regular civil court. Your answers could affect the government’s decision whether to settle your claim. The amount you’re seeking in damages will also dictate your future options. If your claim is denied or no action is taken by the government, and you’re allowed to file a lawsuit, you’ll have to choose whether you’re going to file in small claims court (where you can only ask for up to a certain amount) or in regular court, where there are typically no caps on what a plaintiff can seek. Since these kinds of cases are limited to property damage, which is usually easy to quantify, you should be able to plan ahead and navigate a path that leads to full compensation for your losses.
Free Initial Consultation with Lawyer
It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
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Source: https://www.ascentlawfirm.com/injuries-on-dangerous-roads/
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mayarosa47 · 4 years ago
Text
Injuries On Dangerous Roads
Utah is widely known for having some of the most scenic roads in the country. While most states dread road construction, Utah’s actually boast about the topic in humorous lighting. All that being said, Utah still sees its fair share of fatal accidents. In fact, there were 128 traffic deaths in 2018 and 20% of those people were not wearing belts, according to the Utah Highway Patrol. “Every crash death has a huge impact on our society,” of the Utah Highway Patrol. While these accidents are often a result of human error, other times it is the sheer quality of a roadway that causes the crash.
Most Dangerous Roads in Utah – Interstate 15
Starting at number one on our list of dangerous roads in Utah is the well-traversed Interstate 15. Running north to south through most of the state, I-15 passes through many of Utah’s most heavily populated regions, including Ogden, Salt Lake City, and Provo, all the way down to St. George. Anyone who has traveled this highway knows I-15 is a traffic hot spot for trouble. Here are the highest risk factors for an accident on this roadway. Risk Factors: • High speed limit (75 mph) • Limited visibility due to large vehicles • Heavy traffic congestion • Accident-prone roadway Interstate 15 has seen thousands of accidents in the last few years, and while Utah cities continue to grow, this highway is not getting any bigger…at least not for now. If you frequently use I-15 or plan to travel through Utah, remember to drive with caution on this route and be mindful of other drivers around you.
Highway 6 In Utah
Highway 6 has not only made it onto our list of most dangerous roads in Utah, but according to NPR, this route is also one of the riskiest rural drives in the country. Since 1996, there have been more than 150 accident deaths as well as a gruesome 500 serious accidents on just that middle portion of the highway. From Spanish Fork down to Price, this 60-mile stretch of roadway snakes through canyons on a tight and twisting route. Here are the risk factors you’ll want to keep in mind when traveling on Route 6. Risk Factors: • Narrow traffic lanes • High freeway speed • Busy truck route from SLC to Denver • Frequent risk of head-on collision Unfortunately, Highway 6 is not the best route to pass slow-moving vehicles on. Many fatal accidents occur on this roadway because drivers end up crossing into oncoming traffic. If you travel along the Wasatch Mountains on Route 6, drive safely and watch for oncoming traffic.
Utah’s Interstate 70
Interstate 70 ranks 3rd on our list of dangerous roads in Utah for having a scenic yet perilous route. Known as one of the main interstate routes connecting the east coast to the west (almost), the portion of I-70 in Utah is one of the few roadways that doesn’t actually pass through any major cities. Nevertheless, this highway presents imminent danger to those unfamiliar with driving on desolate roadway systems.
The following risk factors will help any driver see the true peril of Interstate 70. Risk Factors: • Zero services from Green River to Salina • High elevation peak (7,886 feet) • Snaking turns through Spotted Wolf Canyon • More opportunities for distractions Due to its long stretches of nothingness and steep climbs up to mesmerizing canyon views, it’s no surprise that this highway has made it onto our list. All drivers should be prepared when traveling this route, especially for the 100 miles between Green River and Salina.
Washington Boulevard in Ogden, Utah
The dangers of Washington Boulevard have been on the Utah Department of Transportation’s radar for quite some. A roadway that has seen at least one car accident a week since 2015, this busy route has a history of devastation for motorists and pedestrians alike. Passing through North Ogden’s rapidly-growing business district, if you’re a local commuter consider the following risk factors. Risk Factors: • Deadly crosswalk • Only a two-lane roadway • Busiest route in Weber County • High tailgate zone • Poor left-hand turn visibility Ogden residents have even asked UDOT to install a crosswalk and light at 650 North on the boulevard to prevent further injuries. Sadly, some traffic is near impossible to avoid, but if you drive down Washington Boulevard often, keep a safe distance between cars ahead of you and make sure you can see oncoming traffic before making a left-hand turn.
Interstate 80: The Transcontinental
Interstate 80 differs from I-70 in that it actually runs from east to west and traverses the entire United States. This route begins in downtown San Francisco, California and travels all the way up to Teaneck, New Jersey. In fact, it is one of the original highways constructed in 1956. Unfortunately though, I-80 ranks third in Utah for having the highest traffic fatalities in the state. Like other roadways on our list, I-80, too, has a higher speed limit. Navigating this area has caused some deadly accidents in the past. Here are the following risk factors to driving on I-80 through Utah. Risk Factors: • Passes right through “spaghetti bowl” in SLC • Dangerous winter road conditions • Various animal migration areas • High speeding zone In the beginning of 2018, UDOT crews installed signs to help drivers know where to stop in case of an emergency. They also installed stretches of fencing to stop tragic accidents with migrating species in the future. If you’re on a cross-country road trip or simply taking a drive on I-80, watch out for nasty road conditions and other speeding drivers.
Road Conditions: Who Is Responsible?
Roadways throughout Utah must be designed to accommodate a wide range of traffic—including bicycles, motorcycles, all types of cars and large commercial trucks as safely as possible. When your town or city fails to do this, the municipality may be held accountable for any resulting damages. Some of the conditions that may justify legal action in these cases include: • Fundamentally dangerous road design, including slopes that are unsafe for the traffic mix in inclement weather • Damaged or non-existent guardrails • Obstructed or poor visibility at intersections • The lack of essential warning signs and signals, including those required at railroad crossings • Improperly designed or marked bike lanes, particularly near roundabouts • Failure of road crews to observe critical safety guidelines and standards when setting up and working in construction zones • Road defects and uncollected debris known to UDOT officials or representatives Dangerous road conditions can include insufficient lighting, improper or obstructed signage, dangerous speed limits, poor road construction, malfunctioning traffic lights, uneven asphalt/potholes, and more.
Dangerous Road Conditions
Not all car accident cases are the same. Sometimes, uncommon circumstances are involved that make proving liability a bit more difficult. This can be the case when dangerous road conditions contributed to or fully caused your accident. There are typically two types of personal injury claims surrounding accidents caused by dangerous roads: • Government liability: If a road has a defective design or if it has not been properly maintained and results in your accident, you may have a claim against the government. These cases have a unique layer of complexity due to the government’s involvement as a defendant. • Driver negligence: If a road becomes dangerous due to adverse weather conditions, it is the responsibility of each motorist to adjust his or her driving to ensure safety. For example, if a driver speeds during a heavy rainfall, hydroplanes, and crashes into another vehicle; this driver is responsible for any resulting injuries. Vehicle Damage Due To Poor Road Conditions: Who Is Liable? Figuring out who is liable for most car accidents isn’t a mystery. If you are stopped at a stop sign, and the car behind you rear-ends you, then that driver is most likely liable for damage to your vehicle and for any injuries you suffer. But what if your vehicle is damaged (or you are injured) because of: • potholes, • shoulder drop-off • oil and chip • construction zone • icy or snowy roads, • wet roads. ? In many cases, it is the government entity charged with maintaining the road where your accident took place. But there are also times when someone other than the government is responsible.
The Government’s Responsibility to Maintain Roads
As mentioned above, the city, county, or state charged with maintaining the road where your accident occurred may be responsible for any damage caused by poor road conditions. The theory here is, because it is the government’s job to maintain the roads, the government is also responsible for any damage that results when roads aren’t kept reasonably safe. The key here is what is considered “reasonable.” The government won’t always be responsible simply because your vehicle was damages by the questionable condition of a road. State laws typically allow the government a reasonable amount of time to discover poor road conditions and a reasonable amount of time to repair them. Governments generally discovery dangerous road conditions in one of two ways: • through individuals reporting a dangerous condition, and • by conducting regular surveys of the roadways. If the government has not discovered a dangerous road condition, there is a good chance it will not be responsible for any damage the condition causes. The one exception may be, if the dangerous condition has been around long enough that the government should have discovered it. In that case, the government may still be on the hook even though it did not actually know about the poor road condition. Also, the government will not likely be responsible for damage caused by a dangerous road condition if it has not had enough time to repair the condition.
If you are going to make a successful claim against the government for damage to your vehicle caused by poor road conditions, you will have to prove two things: • the government knew about the poor road condition (or should reasonably have known about it), and • the government did not repair the poor road condition within a reasonable amount of time. Making a Claim The first thing you will want to do is take down relevant information. Record the following: • the general location of the poor condition, i.e. what businesses/landmarks are nearby? • the name of the road • the direction you were traveling • the exact location of the poor condition in the road • the physical characteristics of the poor conditions, e.g. size and depth of a pothole • the names and contact information of any witnesses If you think you may have a claim, you will need to find out which government body is responsible for maintaining the road in question. You can likely find out which government body is responsible by calling your local county commissioners’ office. If they are not responsible, they can likely tell you who is. Once you determine which government body is responsible, you will need to give the government body notice of your claim. You will probably need to do this quickly. Typically there is a limited amount of time to make such a claim. If too much time has passed, you may lose your right to make a claim.
Proving Your Claim
Chances are, the government is not going to send you a check for your property damage just because you make a claim. You will have to prove the government is legally liable. First, you need to show the government knew about the poor condition. The government may admit to its knowledge of the poor condition. If not, you have a couple of options: • Request Survey Records: Government bodies conduct regular surveys to check for poor road conditions. You can request these records. Examine them and determine whether someone previously located the poor road condition that caused your vehicle damage. • Show the Government Should Have Known About the Poor Condition: This could be difficult. It will take some leg work. You will have to take measures to research the area. One way to do this is to interview people who live nearby.
Are There Limits on Damages in a Bad Road Condition Case?
If you file an administrative claim with the government for vehicle damage because of bad road conditions, depending on your state’s laws, there might be a cap on the dollar amount you can recover via the claim process. But this issue is a little more nuanced than that. If you’re asking for more than a certain amount, the government might ask you to specify whether you intend to file any future lawsuit in small claims or regular civil court. Your answers could affect the government’s decision whether to settle your claim. The amount you’re seeking in damages will also dictate your future options. If your claim is denied or no action is taken by the government, and you’re allowed to file a lawsuit, you’ll have to choose whether you’re going to file in small claims court (where you can only ask for up to a certain amount) or in regular court, where there are typically no caps on what a plaintiff can seek. Since these kinds of cases are limited to property damage, which is usually easy to quantify, you should be able to plan ahead and navigate a path that leads to full compensation for your losses.
Free Initial Consultation with Lawyer
It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Delaware Corporations In Utah
Divorce Agreement Enforcement Attorney
How To File A Legal Separation In Utah
Anxiety And Depression During Divorce
Need A Construction Attorney In Utah
What Does Private IP Mean?
from https://www.ascentlawfirm.com/injuries-on-dangerous-roads/
from Criminal Defense Lawyer West Jordan Utah - Blog http://criminaldefenselawyerwestjordanutah.weebly.com/blog/injuries-on-dangerous-roads
0 notes
aretia · 4 years ago
Text
Injuries On Dangerous Roads
Utah is widely known for having some of the most scenic roads in the country. While most states dread road construction, Utah’s actually boast about the topic in humorous lighting. All that being said, Utah still sees its fair share of fatal accidents. In fact, there were 128 traffic deaths in 2018 and 20% of those people were not wearing belts, according to the Utah Highway Patrol. “Every crash death has a huge impact on our society,” of the Utah Highway Patrol. While these accidents are often a result of human error, other times it is the sheer quality of a roadway that causes the crash.
Most Dangerous Roads in Utah – Interstate 15
Starting at number one on our list of dangerous roads in Utah is the well-traversed Interstate 15. Running north to south through most of the state, I-15 passes through many of Utah’s most heavily populated regions, including Ogden, Salt Lake City, and Provo, all the way down to St. George. Anyone who has traveled this highway knows I-15 is a traffic hot spot for trouble. Here are the highest risk factors for an accident on this roadway. Risk Factors: • High speed limit (75 mph) • Limited visibility due to large vehicles • Heavy traffic congestion • Accident-prone roadway Interstate 15 has seen thousands of accidents in the last few years, and while Utah cities continue to grow, this highway is not getting any bigger…at least not for now. If you frequently use I-15 or plan to travel through Utah, remember to drive with caution on this route and be mindful of other drivers around you.
youtube
Highway 6 In Utah
Highway 6 has not only made it onto our list of most dangerous roads in Utah, but according to NPR, this route is also one of the riskiest rural drives in the country. Since 1996, there have been more than 150 accident deaths as well as a gruesome 500 serious accidents on just that middle portion of the highway. From Spanish Fork down to Price, this 60-mile stretch of roadway snakes through canyons on a tight and twisting route. Here are the risk factors you’ll want to keep in mind when traveling on Route 6. Risk Factors: • Narrow traffic lanes • High freeway speed • Busy truck route from SLC to Denver • Frequent risk of head-on collision Unfortunately, Highway 6 is not the best route to pass slow-moving vehicles on. Many fatal accidents occur on this roadway because drivers end up crossing into oncoming traffic. If you travel along the Wasatch Mountains on Route 6, drive safely and watch for oncoming traffic.
Utah’s Interstate 70
Interstate 70 ranks 3rd on our list of dangerous roads in Utah for having a scenic yet perilous route. Known as one of the main interstate routes connecting the east coast to the west (almost), the portion of I-70 in Utah is one of the few roadways that doesn’t actually pass through any major cities. Nevertheless, this highway presents imminent danger to those unfamiliar with driving on desolate roadway systems.
youtube
The following risk factors will help any driver see the true peril of Interstate 70. Risk Factors: • Zero services from Green River to Salina • High elevation peak (7,886 feet) • Snaking turns through Spotted Wolf Canyon • More opportunities for distractions Due to its long stretches of nothingness and steep climbs up to mesmerizing canyon views, it’s no surprise that this highway has made it onto our list. All drivers should be prepared when traveling this route, especially for the 100 miles between Green River and Salina.
Washington Boulevard in Ogden, Utah
The dangers of Washington Boulevard have been on the Utah Department of Transportation’s radar for quite some. A roadway that has seen at least one car accident a week since 2015, this busy route has a history of devastation for motorists and pedestrians alike. Passing through North Ogden’s rapidly-growing business district, if you’re a local commuter consider the following risk factors. Risk Factors: • Deadly crosswalk • Only a two-lane roadway • Busiest route in Weber County • High tailgate zone • Poor left-hand turn visibility Ogden residents have even asked UDOT to install a crosswalk and light at 650 North on the boulevard to prevent further injuries. Sadly, some traffic is near impossible to avoid, but if you drive down Washington Boulevard often, keep a safe distance between cars ahead of you and make sure you can see oncoming traffic before making a left-hand turn.
Interstate 80: The Transcontinental
Interstate 80 differs from I-70 in that it actually runs from east to west and traverses the entire United States. This route begins in downtown San Francisco, California and travels all the way up to Teaneck, New Jersey. In fact, it is one of the original highways constructed in 1956. Unfortunately though, I-80 ranks third in Utah for having the highest traffic fatalities in the state. Like other roadways on our list, I-80, too, has a higher speed limit. Navigating this area has caused some deadly accidents in the past. Here are the following risk factors to driving on I-80 through Utah. Risk Factors: • Passes right through “spaghetti bowl” in SLC • Dangerous winter road conditions • Various animal migration areas • High speeding zone In the beginning of 2018, UDOT crews installed signs to help drivers know where to stop in case of an emergency. They also installed stretches of fencing to stop tragic accidents with migrating species in the future. If you’re on a cross-country road trip or simply taking a drive on I-80, watch out for nasty road conditions and other speeding drivers.
Road Conditions: Who Is Responsible?
youtube
Roadways throughout Utah must be designed to accommodate a wide range of traffic—including bicycles, motorcycles, all types of cars and large commercial trucks as safely as possible. When your town or city fails to do this, the municipality may be held accountable for any resulting damages. Some of the conditions that may justify legal action in these cases include: • Fundamentally dangerous road design, including slopes that are unsafe for the traffic mix in inclement weather • Damaged or non-existent guardrails • Obstructed or poor visibility at intersections • The lack of essential warning signs and signals, including those required at railroad crossings • Improperly designed or marked bike lanes, particularly near roundabouts • Failure of road crews to observe critical safety guidelines and standards when setting up and working in construction zones • Road defects and uncollected debris known to UDOT officials or representatives Dangerous road conditions can include insufficient lighting, improper or obstructed signage, dangerous speed limits, poor road construction, malfunctioning traffic lights, uneven asphalt/potholes, and more.
Dangerous Road Conditions
Not all car accident cases are the same. Sometimes, uncommon circumstances are involved that make proving liability a bit more difficult. This can be the case when dangerous road conditions contributed to or fully caused your accident. There are typically two types of personal injury claims surrounding accidents caused by dangerous roads: • Government liability: If a road has a defective design or if it has not been properly maintained and results in your accident, you may have a claim against the government. These cases have a unique layer of complexity due to the government’s involvement as a defendant. • Driver negligence: If a road becomes dangerous due to adverse weather conditions, it is the responsibility of each motorist to adjust his or her driving to ensure safety. For example, if a driver speeds during a heavy rainfall, hydroplanes, and crashes into another vehicle; this driver is responsible for any resulting injuries. Vehicle Damage Due To Poor Road Conditions: Who Is Liable? Figuring out who is liable for most car accidents isn’t a mystery. If you are stopped at a stop sign, and the car behind you rear-ends you, then that driver is most likely liable for damage to your vehicle and for any injuries you suffer. But what if your vehicle is damaged (or you are injured) because of: • potholes, • shoulder drop-off • oil and chip • construction zone • icy or snowy roads, • wet roads. ? In many cases, it is the government entity charged with maintaining the road where your accident took place. But there are also times when someone other than the government is responsible.
The Government’s Responsibility to Maintain Roads
As mentioned above, the city, county, or state charged with maintaining the road where your accident occurred may be responsible for any damage caused by poor road conditions. The theory here is, because it is the government’s job to maintain the roads, the government is also responsible for any damage that results when roads aren’t kept reasonably safe. The key here is what is considered “reasonable.” The government won’t always be responsible simply because your vehicle was damages by the questionable condition of a road. State laws typically allow the government a reasonable amount of time to discover poor road conditions and a reasonable amount of time to repair them. Governments generally discovery dangerous road conditions in one of two ways: • through individuals reporting a dangerous condition, and • by conducting regular surveys of the roadways. If the government has not discovered a dangerous road condition, there is a good chance it will not be responsible for any damage the condition causes. The one exception may be, if the dangerous condition has been around long enough that the government should have discovered it. In that case, the government may still be on the hook even though it did not actually know about the poor road condition. Also, the government will not likely be responsible for damage caused by a dangerous road condition if it has not had enough time to repair the condition.
youtube
If you are going to make a successful claim against the government for damage to your vehicle caused by poor road conditions, you will have to prove two things: • the government knew about the poor road condition (or should reasonably have known about it), and • the government did not repair the poor road condition within a reasonable amount of time. Making a Claim The first thing you will want to do is take down relevant information. Record the following: • the general location of the poor condition, i.e. what businesses/landmarks are nearby? • the name of the road • the direction you were traveling • the exact location of the poor condition in the road • the physical characteristics of the poor conditions, e.g. size and depth of a pothole • the names and contact information of any witnesses If you think you may have a claim, you will need to find out which government body is responsible for maintaining the road in question. You can likely find out which government body is responsible by calling your local county commissioners’ office. If they are not responsible, they can likely tell you who is. Once you determine which government body is responsible, you will need to give the government body notice of your claim. You will probably need to do this quickly. Typically there is a limited amount of time to make such a claim. If too much time has passed, you may lose your right to make a claim.
Proving Your Claim
Chances are, the government is not going to send you a check for your property damage just because you make a claim. You will have to prove the government is legally liable. First, you need to show the government knew about the poor condition. The government may admit to its knowledge of the poor condition. If not, you have a couple of options: • Request Survey Records: Government bodies conduct regular surveys to check for poor road conditions. You can request these records. Examine them and determine whether someone previously located the poor road condition that caused your vehicle damage. • Show the Government Should Have Known About the Poor Condition: This could be difficult. It will take some leg work. You will have to take measures to research the area. One way to do this is to interview people who live nearby.
Are There Limits on Damages in a Bad Road Condition Case?
If you file an administrative claim with the government for vehicle damage because of bad road conditions, depending on your state’s laws, there might be a cap on the dollar amount you can recover via the claim process. But this issue is a little more nuanced than that. If you’re asking for more than a certain amount, the government might ask you to specify whether you intend to file any future lawsuit in small claims or regular civil court. Your answers could affect the government’s decision whether to settle your claim. The amount you’re seeking in damages will also dictate your future options. If your claim is denied or no action is taken by the government, and you’re allowed to file a lawsuit, you’ll have to choose whether you’re going to file in small claims court (where you can only ask for up to a certain amount) or in regular court, where there are typically no caps on what a plaintiff can seek. Since these kinds of cases are limited to property damage, which is usually easy to quantify, you should be able to plan ahead and navigate a path that leads to full compensation for your losses.
Free Initial Consultation with Lawyer
It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Delaware Corporations In Utah
Divorce Agreement Enforcement Attorney
How To File A Legal Separation In Utah
Anxiety And Depression During Divorce
Need A Construction Attorney In Utah
What Does Private IP Mean?
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Source: https://www.ascentlawfirm.com/injuries-on-dangerous-roads/
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Text
Injuries On Dangerous Roads
Utah is widely known for having some of the most scenic roads in the country. While most states dread road construction, Utah’s actually boast about the topic in humorous lighting. All that being said, Utah still sees its fair share of fatal accidents. In fact, there were 128 traffic deaths in 2018 and 20% of those people were not wearing belts, according to the Utah Highway Patrol. “Every crash death has a huge impact on our society,” of the Utah Highway Patrol. While these accidents are often a result of human error, other times it is the sheer quality of a roadway that causes the crash.
Most Dangerous Roads in Utah – Interstate 15
Starting at number one on our list of dangerous roads in Utah is the well-traversed Interstate 15. Running north to south through most of the state, I-15 passes through many of Utah’s most heavily populated regions, including Ogden, Salt Lake City, and Provo, all the way down to St. George. Anyone who has traveled this highway knows I-15 is a traffic hot spot for trouble. Here are the highest risk factors for an accident on this roadway. Risk Factors: • High speed limit (75 mph) • Limited visibility due to large vehicles • Heavy traffic congestion • Accident-prone roadway Interstate 15 has seen thousands of accidents in the last few years, and while Utah cities continue to grow, this highway is not getting any bigger…at least not for now. If you frequently use I-15 or plan to travel through Utah, remember to drive with caution on this route and be mindful of other drivers around you.
youtube
Highway 6 In Utah
Highway 6 has not only made it onto our list of most dangerous roads in Utah, but according to NPR, this route is also one of the riskiest rural drives in the country. Since 1996, there have been more than 150 accident deaths as well as a gruesome 500 serious accidents on just that middle portion of the highway. From Spanish Fork down to Price, this 60-mile stretch of roadway snakes through canyons on a tight and twisting route. Here are the risk factors you’ll want to keep in mind when traveling on Route 6. Risk Factors: • Narrow traffic lanes • High freeway speed • Busy truck route from SLC to Denver • Frequent risk of head-on collision Unfortunately, Highway 6 is not the best route to pass slow-moving vehicles on. Many fatal accidents occur on this roadway because drivers end up crossing into oncoming traffic. If you travel along the Wasatch Mountains on Route 6, drive safely and watch for oncoming traffic.
Utah’s Interstate 70
Interstate 70 ranks 3rd on our list of dangerous roads in Utah for having a scenic yet perilous route. Known as one of the main interstate routes connecting the east coast to the west (almost), the portion of I-70 in Utah is one of the few roadways that doesn’t actually pass through any major cities. Nevertheless, this highway presents imminent danger to those unfamiliar with driving on desolate roadway systems.
youtube
The following risk factors will help any driver see the true peril of Interstate 70. Risk Factors: • Zero services from Green River to Salina • High elevation peak (7,886 feet) • Snaking turns through Spotted Wolf Canyon • More opportunities for distractions Due to its long stretches of nothingness and steep climbs up to mesmerizing canyon views, it’s no surprise that this highway has made it onto our list. All drivers should be prepared when traveling this route, especially for the 100 miles between Green River and Salina.
Washington Boulevard in Ogden, Utah
The dangers of Washington Boulevard have been on the Utah Department of Transportation’s radar for quite some. A roadway that has seen at least one car accident a week since 2015, this busy route has a history of devastation for motorists and pedestrians alike. Passing through North Ogden’s rapidly-growing business district, if you’re a local commuter consider the following risk factors. Risk Factors: • Deadly crosswalk • Only a two-lane roadway • Busiest route in Weber County • High tailgate zone • Poor left-hand turn visibility Ogden residents have even asked UDOT to install a crosswalk and light at 650 North on the boulevard to prevent further injuries. Sadly, some traffic is near impossible to avoid, but if you drive down Washington Boulevard often, keep a safe distance between cars ahead of you and make sure you can see oncoming traffic before making a left-hand turn.
Interstate 80: The Transcontinental
Interstate 80 differs from I-70 in that it actually runs from east to west and traverses the entire United States. This route begins in downtown San Francisco, California and travels all the way up to Teaneck, New Jersey. In fact, it is one of the original highways constructed in 1956. Unfortunately though, I-80 ranks third in Utah for having the highest traffic fatalities in the state. Like other roadways on our list, I-80, too, has a higher speed limit. Navigating this area has caused some deadly accidents in the past. Here are the following risk factors to driving on I-80 through Utah. Risk Factors: • Passes right through “spaghetti bowl” in SLC • Dangerous winter road conditions • Various animal migration areas • High speeding zone In the beginning of 2018, UDOT crews installed signs to help drivers know where to stop in case of an emergency. They also installed stretches of fencing to stop tragic accidents with migrating species in the future. If you’re on a cross-country road trip or simply taking a drive on I-80, watch out for nasty road conditions and other speeding drivers.
Road Conditions: Who Is Responsible?
youtube
Roadways throughout Utah must be designed to accommodate a wide range of traffic—including bicycles, motorcycles, all types of cars and large commercial trucks as safely as possible. When your town or city fails to do this, the municipality may be held accountable for any resulting damages. Some of the conditions that may justify legal action in these cases include: • Fundamentally dangerous road design, including slopes that are unsafe for the traffic mix in inclement weather • Damaged or non-existent guardrails • Obstructed or poor visibility at intersections • The lack of essential warning signs and signals, including those required at railroad crossings • Improperly designed or marked bike lanes, particularly near roundabouts • Failure of road crews to observe critical safety guidelines and standards when setting up and working in construction zones • Road defects and uncollected debris known to UDOT officials or representatives Dangerous road conditions can include insufficient lighting, improper or obstructed signage, dangerous speed limits, poor road construction, malfunctioning traffic lights, uneven asphalt/potholes, and more.
Dangerous Road Conditions
Not all car accident cases are the same. Sometimes, uncommon circumstances are involved that make proving liability a bit more difficult. This can be the case when dangerous road conditions contributed to or fully caused your accident. There are typically two types of personal injury claims surrounding accidents caused by dangerous roads: • Government liability: If a road has a defective design or if it has not been properly maintained and results in your accident, you may have a claim against the government. These cases have a unique layer of complexity due to the government’s involvement as a defendant. • Driver negligence: If a road becomes dangerous due to adverse weather conditions, it is the responsibility of each motorist to adjust his or her driving to ensure safety. For example, if a driver speeds during a heavy rainfall, hydroplanes, and crashes into another vehicle; this driver is responsible for any resulting injuries. Vehicle Damage Due To Poor Road Conditions: Who Is Liable? Figuring out who is liable for most car accidents isn’t a mystery. If you are stopped at a stop sign, and the car behind you rear-ends you, then that driver is most likely liable for damage to your vehicle and for any injuries you suffer. But what if your vehicle is damaged (or you are injured) because of: • potholes, • shoulder drop-off • oil and chip • construction zone • icy or snowy roads, • wet roads. ? In many cases, it is the government entity charged with maintaining the road where your accident took place. But there are also times when someone other than the government is responsible.
The Government’s Responsibility to Maintain Roads
As mentioned above, the city, county, or state charged with maintaining the road where your accident occurred may be responsible for any damage caused by poor road conditions. The theory here is, because it is the government’s job to maintain the roads, the government is also responsible for any damage that results when roads aren’t kept reasonably safe. The key here is what is considered “reasonable.” The government won’t always be responsible simply because your vehicle was damages by the questionable condition of a road. State laws typically allow the government a reasonable amount of time to discover poor road conditions and a reasonable amount of time to repair them. Governments generally discovery dangerous road conditions in one of two ways: • through individuals reporting a dangerous condition, and • by conducting regular surveys of the roadways. If the government has not discovered a dangerous road condition, there is a good chance it will not be responsible for any damage the condition causes. The one exception may be, if the dangerous condition has been around long enough that the government should have discovered it. In that case, the government may still be on the hook even though it did not actually know about the poor road condition. Also, the government will not likely be responsible for damage caused by a dangerous road condition if it has not had enough time to repair the condition.
youtube
If you are going to make a successful claim against the government for damage to your vehicle caused by poor road conditions, you will have to prove two things: • the government knew about the poor road condition (or should reasonably have known about it), and • the government did not repair the poor road condition within a reasonable amount of time. Making a Claim The first thing you will want to do is take down relevant information. Record the following: • the general location of the poor condition, i.e. what businesses/landmarks are nearby? • the name of the road • the direction you were traveling • the exact location of the poor condition in the road • the physical characteristics of the poor conditions, e.g. size and depth of a pothole • the names and contact information of any witnesses If you think you may have a claim, you will need to find out which government body is responsible for maintaining the road in question. You can likely find out which government body is responsible by calling your local county commissioners’ office. If they are not responsible, they can likely tell you who is. Once you determine which government body is responsible, you will need to give the government body notice of your claim. You will probably need to do this quickly. Typically there is a limited amount of time to make such a claim. If too much time has passed, you may lose your right to make a claim.
Proving Your Claim
Chances are, the government is not going to send you a check for your property damage just because you make a claim. You will have to prove the government is legally liable. First, you need to show the government knew about the poor condition. The government may admit to its knowledge of the poor condition. If not, you have a couple of options: • Request Survey Records: Government bodies conduct regular surveys to check for poor road conditions. You can request these records. Examine them and determine whether someone previously located the poor road condition that caused your vehicle damage. • Show the Government Should Have Known About the Poor Condition: This could be difficult. It will take some leg work. You will have to take measures to research the area. One way to do this is to interview people who live nearby.
Are There Limits on Damages in a Bad Road Condition Case?
If you file an administrative claim with the government for vehicle damage because of bad road conditions, depending on your state’s laws, there might be a cap on the dollar amount you can recover via the claim process. But this issue is a little more nuanced than that. If you’re asking for more than a certain amount, the government might ask you to specify whether you intend to file any future lawsuit in small claims or regular civil court. Your answers could affect the government’s decision whether to settle your claim. The amount you’re seeking in damages will also dictate your future options. If your claim is denied or no action is taken by the government, and you’re allowed to file a lawsuit, you’ll have to choose whether you’re going to file in small claims court (where you can only ask for up to a certain amount) or in regular court, where there are typically no caps on what a plaintiff can seek. Since these kinds of cases are limited to property damage, which is usually easy to quantify, you should be able to plan ahead and navigate a path that leads to full compensation for your losses.
Free Initial Consultation with Lawyer
It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Delaware Corporations In Utah
Divorce Agreement Enforcement Attorney
How To File A Legal Separation In Utah
Anxiety And Depression During Divorce
Need A Construction Attorney In Utah
What Does Private IP Mean?
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Source: https://www.ascentlawfirm.com/injuries-on-dangerous-roads/
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melissawalker01 · 4 years ago
Text
Injuries On Dangerous Roads
Utah is widely known for having some of the most scenic roads in the country. While most states dread road construction, Utah’s actually boast about the topic in humorous lighting. All that being said, Utah still sees its fair share of fatal accidents. In fact, there were 128 traffic deaths in 2018 and 20% of those people were not wearing belts, according to the Utah Highway Patrol. “Every crash death has a huge impact on our society,” of the Utah Highway Patrol. While these accidents are often a result of human error, other times it is the sheer quality of a roadway that causes the crash.
Most Dangerous Roads in Utah – Interstate 15
Starting at number one on our list of dangerous roads in Utah is the well-traversed Interstate 15. Running north to south through most of the state, I-15 passes through many of Utah’s most heavily populated regions, including Ogden, Salt Lake City, and Provo, all the way down to St. George. Anyone who has traveled this highway knows I-15 is a traffic hot spot for trouble. Here are the highest risk factors for an accident on this roadway. Risk Factors: • High speed limit (75 mph) • Limited visibility due to large vehicles • Heavy traffic congestion • Accident-prone roadway Interstate 15 has seen thousands of accidents in the last few years, and while Utah cities continue to grow, this highway is not getting any bigger…at least not for now. If you frequently use I-15 or plan to travel through Utah, remember to drive with caution on this route and be mindful of other drivers around you.
youtube
Highway 6 In Utah
Highway 6 has not only made it onto our list of most dangerous roads in Utah, but according to NPR, this route is also one of the riskiest rural drives in the country. Since 1996, there have been more than 150 accident deaths as well as a gruesome 500 serious accidents on just that middle portion of the highway. From Spanish Fork down to Price, this 60-mile stretch of roadway snakes through canyons on a tight and twisting route. Here are the risk factors you’ll want to keep in mind when traveling on Route 6. Risk Factors: • Narrow traffic lanes • High freeway speed • Busy truck route from SLC to Denver • Frequent risk of head-on collision Unfortunately, Highway 6 is not the best route to pass slow-moving vehicles on. Many fatal accidents occur on this roadway because drivers end up crossing into oncoming traffic. If you travel along the Wasatch Mountains on Route 6, drive safely and watch for oncoming traffic.
Utah’s Interstate 70
Interstate 70 ranks 3rd on our list of dangerous roads in Utah for having a scenic yet perilous route. Known as one of the main interstate routes connecting the east coast to the west (almost), the portion of I-70 in Utah is one of the few roadways that doesn’t actually pass through any major cities. Nevertheless, this highway presents imminent danger to those unfamiliar with driving on desolate roadway systems.
youtube
The following risk factors will help any driver see the true peril of Interstate 70. Risk Factors: • Zero services from Green River to Salina • High elevation peak (7,886 feet) • Snaking turns through Spotted Wolf Canyon • More opportunities for distractions Due to its long stretches of nothingness and steep climbs up to mesmerizing canyon views, it’s no surprise that this highway has made it onto our list. All drivers should be prepared when traveling this route, especially for the 100 miles between Green River and Salina.
Washington Boulevard in Ogden, Utah
The dangers of Washington Boulevard have been on the Utah Department of Transportation’s radar for quite some. A roadway that has seen at least one car accident a week since 2015, this busy route has a history of devastation for motorists and pedestrians alike. Passing through North Ogden’s rapidly-growing business district, if you’re a local commuter consider the following risk factors. Risk Factors: • Deadly crosswalk • Only a two-lane roadway • Busiest route in Weber County • High tailgate zone • Poor left-hand turn visibility Ogden residents have even asked UDOT to install a crosswalk and light at 650 North on the boulevard to prevent further injuries. Sadly, some traffic is near impossible to avoid, but if you drive down Washington Boulevard often, keep a safe distance between cars ahead of you and make sure you can see oncoming traffic before making a left-hand turn.
Interstate 80: The Transcontinental
Interstate 80 differs from I-70 in that it actually runs from east to west and traverses the entire United States. This route begins in downtown San Francisco, California and travels all the way up to Teaneck, New Jersey. In fact, it is one of the original highways constructed in 1956. Unfortunately though, I-80 ranks third in Utah for having the highest traffic fatalities in the state. Like other roadways on our list, I-80, too, has a higher speed limit. Navigating this area has caused some deadly accidents in the past. Here are the following risk factors to driving on I-80 through Utah. Risk Factors: • Passes right through “spaghetti bowl” in SLC • Dangerous winter road conditions • Various animal migration areas • High speeding zone In the beginning of 2018, UDOT crews installed signs to help drivers know where to stop in case of an emergency. They also installed stretches of fencing to stop tragic accidents with migrating species in the future. If you’re on a cross-country road trip or simply taking a drive on I-80, watch out for nasty road conditions and other speeding drivers.
Road Conditions: Who Is Responsible?
youtube
Roadways throughout Utah must be designed to accommodate a wide range of traffic—including bicycles, motorcycles, all types of cars and large commercial trucks as safely as possible. When your town or city fails to do this, the municipality may be held accountable for any resulting damages. Some of the conditions that may justify legal action in these cases include: • Fundamentally dangerous road design, including slopes that are unsafe for the traffic mix in inclement weather • Damaged or non-existent guardrails • Obstructed or poor visibility at intersections • The lack of essential warning signs and signals, including those required at railroad crossings • Improperly designed or marked bike lanes, particularly near roundabouts • Failure of road crews to observe critical safety guidelines and standards when setting up and working in construction zones • Road defects and uncollected debris known to UDOT officials or representatives Dangerous road conditions can include insufficient lighting, improper or obstructed signage, dangerous speed limits, poor road construction, malfunctioning traffic lights, uneven asphalt/potholes, and more.
Dangerous Road Conditions
Not all car accident cases are the same. Sometimes, uncommon circumstances are involved that make proving liability a bit more difficult. This can be the case when dangerous road conditions contributed to or fully caused your accident. There are typically two types of personal injury claims surrounding accidents caused by dangerous roads: • Government liability: If a road has a defective design or if it has not been properly maintained and results in your accident, you may have a claim against the government. These cases have a unique layer of complexity due to the government’s involvement as a defendant. • Driver negligence: If a road becomes dangerous due to adverse weather conditions, it is the responsibility of each motorist to adjust his or her driving to ensure safety. For example, if a driver speeds during a heavy rainfall, hydroplanes, and crashes into another vehicle; this driver is responsible for any resulting injuries. Vehicle Damage Due To Poor Road Conditions: Who Is Liable? Figuring out who is liable for most car accidents isn’t a mystery. If you are stopped at a stop sign, and the car behind you rear-ends you, then that driver is most likely liable for damage to your vehicle and for any injuries you suffer. But what if your vehicle is damaged (or you are injured) because of: • potholes, • shoulder drop-off • oil and chip • construction zone • icy or snowy roads, • wet roads. ? In many cases, it is the government entity charged with maintaining the road where your accident took place. But there are also times when someone other than the government is responsible.
The Government’s Responsibility to Maintain Roads
As mentioned above, the city, county, or state charged with maintaining the road where your accident occurred may be responsible for any damage caused by poor road conditions. The theory here is, because it is the government’s job to maintain the roads, the government is also responsible for any damage that results when roads aren’t kept reasonably safe. The key here is what is considered “reasonable.” The government won’t always be responsible simply because your vehicle was damages by the questionable condition of a road. State laws typically allow the government a reasonable amount of time to discover poor road conditions and a reasonable amount of time to repair them. Governments generally discovery dangerous road conditions in one of two ways: • through individuals reporting a dangerous condition, and • by conducting regular surveys of the roadways. If the government has not discovered a dangerous road condition, there is a good chance it will not be responsible for any damage the condition causes. The one exception may be, if the dangerous condition has been around long enough that the government should have discovered it. In that case, the government may still be on the hook even though it did not actually know about the poor road condition. Also, the government will not likely be responsible for damage caused by a dangerous road condition if it has not had enough time to repair the condition.
youtube
If you are going to make a successful claim against the government for damage to your vehicle caused by poor road conditions, you will have to prove two things: • the government knew about the poor road condition (or should reasonably have known about it), and • the government did not repair the poor road condition within a reasonable amount of time. Making a Claim The first thing you will want to do is take down relevant information. Record the following: • the general location of the poor condition, i.e. what businesses/landmarks are nearby? • the name of the road • the direction you were traveling • the exact location of the poor condition in the road • the physical characteristics of the poor conditions, e.g. size and depth of a pothole • the names and contact information of any witnesses If you think you may have a claim, you will need to find out which government body is responsible for maintaining the road in question. You can likely find out which government body is responsible by calling your local county commissioners’ office. If they are not responsible, they can likely tell you who is. Once you determine which government body is responsible, you will need to give the government body notice of your claim. You will probably need to do this quickly. Typically there is a limited amount of time to make such a claim. If too much time has passed, you may lose your right to make a claim.
Proving Your Claim
Chances are, the government is not going to send you a check for your property damage just because you make a claim. You will have to prove the government is legally liable. First, you need to show the government knew about the poor condition. The government may admit to its knowledge of the poor condition. If not, you have a couple of options: • Request Survey Records: Government bodies conduct regular surveys to check for poor road conditions. You can request these records. Examine them and determine whether someone previously located the poor road condition that caused your vehicle damage. • Show the Government Should Have Known About the Poor Condition: This could be difficult. It will take some leg work. You will have to take measures to research the area. One way to do this is to interview people who live nearby.
Are There Limits on Damages in a Bad Road Condition Case?
If you file an administrative claim with the government for vehicle damage because of bad road conditions, depending on your state’s laws, there might be a cap on the dollar amount you can recover via the claim process. But this issue is a little more nuanced than that. If you’re asking for more than a certain amount, the government might ask you to specify whether you intend to file any future lawsuit in small claims or regular civil court. Your answers could affect the government’s decision whether to settle your claim. The amount you’re seeking in damages will also dictate your future options. If your claim is denied or no action is taken by the government, and you’re allowed to file a lawsuit, you’ll have to choose whether you’re going to file in small claims court (where you can only ask for up to a certain amount) or in regular court, where there are typically no caps on what a plaintiff can seek. Since these kinds of cases are limited to property damage, which is usually easy to quantify, you should be able to plan ahead and navigate a path that leads to full compensation for your losses.
Free Initial Consultation with Lawyer
It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Delaware Corporations In Utah
Divorce Agreement Enforcement Attorney
How To File A Legal Separation In Utah
Anxiety And Depression During Divorce
Need A Construction Attorney In Utah
What Does Private IP Mean?
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from Michael Anderson https://www.ascentlawfirm.com/injuries-on-dangerous-roads/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/623794342624198656
0 notes
coming-from-hell · 4 years ago
Text
Injuries On Dangerous Roads
Utah is widely known for having some of the most scenic roads in the country. While most states dread road construction, Utah’s actually boast about the topic in humorous lighting. All that being said, Utah still sees its fair share of fatal accidents. In fact, there were 128 traffic deaths in 2018 and 20% of those people were not wearing belts, according to the Utah Highway Patrol. “Every crash death has a huge impact on our society,” of the Utah Highway Patrol. While these accidents are often a result of human error, other times it is the sheer quality of a roadway that causes the crash.
Most Dangerous Roads in Utah – Interstate 15
Starting at number one on our list of dangerous roads in Utah is the well-traversed Interstate 15. Running north to south through most of the state, I-15 passes through many of Utah’s most heavily populated regions, including Ogden, Salt Lake City, and Provo, all the way down to St. George. Anyone who has traveled this highway knows I-15 is a traffic hot spot for trouble. Here are the highest risk factors for an accident on this roadway. Risk Factors: • High speed limit (75 mph) • Limited visibility due to large vehicles • Heavy traffic congestion • Accident-prone roadway Interstate 15 has seen thousands of accidents in the last few years, and while Utah cities continue to grow, this highway is not getting any bigger…at least not for now. If you frequently use I-15 or plan to travel through Utah, remember to drive with caution on this route and be mindful of other drivers around you.
youtube
Highway 6 In Utah
Highway 6 has not only made it onto our list of most dangerous roads in Utah, but according to NPR, this route is also one of the riskiest rural drives in the country. Since 1996, there have been more than 150 accident deaths as well as a gruesome 500 serious accidents on just that middle portion of the highway. From Spanish Fork down to Price, this 60-mile stretch of roadway snakes through canyons on a tight and twisting route. Here are the risk factors you’ll want to keep in mind when traveling on Route 6. Risk Factors: • Narrow traffic lanes • High freeway speed • Busy truck route from SLC to Denver • Frequent risk of head-on collision Unfortunately, Highway 6 is not the best route to pass slow-moving vehicles on. Many fatal accidents occur on this roadway because drivers end up crossing into oncoming traffic. If you travel along the Wasatch Mountains on Route 6, drive safely and watch for oncoming traffic.
Utah’s Interstate 70
Interstate 70 ranks 3rd on our list of dangerous roads in Utah for having a scenic yet perilous route. Known as one of the main interstate routes connecting the east coast to the west (almost), the portion of I-70 in Utah is one of the few roadways that doesn’t actually pass through any major cities. Nevertheless, this highway presents imminent danger to those unfamiliar with driving on desolate roadway systems.
youtube
The following risk factors will help any driver see the true peril of Interstate 70. Risk Factors: • Zero services from Green River to Salina • High elevation peak (7,886 feet) • Snaking turns through Spotted Wolf Canyon • More opportunities for distractions Due to its long stretches of nothingness and steep climbs up to mesmerizing canyon views, it’s no surprise that this highway has made it onto our list. All drivers should be prepared when traveling this route, especially for the 100 miles between Green River and Salina.
Washington Boulevard in Ogden, Utah
The dangers of Washington Boulevard have been on the Utah Department of Transportation’s radar for quite some. A roadway that has seen at least one car accident a week since 2015, this busy route has a history of devastation for motorists and pedestrians alike. Passing through North Ogden’s rapidly-growing business district, if you’re a local commuter consider the following risk factors. Risk Factors: • Deadly crosswalk • Only a two-lane roadway • Busiest route in Weber County • High tailgate zone • Poor left-hand turn visibility Ogden residents have even asked UDOT to install a crosswalk and light at 650 North on the boulevard to prevent further injuries. Sadly, some traffic is near impossible to avoid, but if you drive down Washington Boulevard often, keep a safe distance between cars ahead of you and make sure you can see oncoming traffic before making a left-hand turn.
Interstate 80: The Transcontinental
Interstate 80 differs from I-70 in that it actually runs from east to west and traverses the entire United States. This route begins in downtown San Francisco, California and travels all the way up to Teaneck, New Jersey. In fact, it is one of the original highways constructed in 1956. Unfortunately though, I-80 ranks third in Utah for having the highest traffic fatalities in the state. Like other roadways on our list, I-80, too, has a higher speed limit. Navigating this area has caused some deadly accidents in the past. Here are the following risk factors to driving on I-80 through Utah. Risk Factors: • Passes right through “spaghetti bowl” in SLC • Dangerous winter road conditions • Various animal migration areas • High speeding zone In the beginning of 2018, UDOT crews installed signs to help drivers know where to stop in case of an emergency. They also installed stretches of fencing to stop tragic accidents with migrating species in the future. If you’re on a cross-country road trip or simply taking a drive on I-80, watch out for nasty road conditions and other speeding drivers.
Road Conditions: Who Is Responsible?
youtube
Roadways throughout Utah must be designed to accommodate a wide range of traffic—including bicycles, motorcycles, all types of cars and large commercial trucks as safely as possible. When your town or city fails to do this, the municipality may be held accountable for any resulting damages. Some of the conditions that may justify legal action in these cases include: • Fundamentally dangerous road design, including slopes that are unsafe for the traffic mix in inclement weather • Damaged or non-existent guardrails • Obstructed or poor visibility at intersections • The lack of essential warning signs and signals, including those required at railroad crossings • Improperly designed or marked bike lanes, particularly near roundabouts • Failure of road crews to observe critical safety guidelines and standards when setting up and working in construction zones • Road defects and uncollected debris known to UDOT officials or representatives Dangerous road conditions can include insufficient lighting, improper or obstructed signage, dangerous speed limits, poor road construction, malfunctioning traffic lights, uneven asphalt/potholes, and more.
Dangerous Road Conditions
Not all car accident cases are the same. Sometimes, uncommon circumstances are involved that make proving liability a bit more difficult. This can be the case when dangerous road conditions contributed to or fully caused your accident. There are typically two types of personal injury claims surrounding accidents caused by dangerous roads: • Government liability: If a road has a defective design or if it has not been properly maintained and results in your accident, you may have a claim against the government. These cases have a unique layer of complexity due to the government’s involvement as a defendant. • Driver negligence: If a road becomes dangerous due to adverse weather conditions, it is the responsibility of each motorist to adjust his or her driving to ensure safety. For example, if a driver speeds during a heavy rainfall, hydroplanes, and crashes into another vehicle; this driver is responsible for any resulting injuries. Vehicle Damage Due To Poor Road Conditions: Who Is Liable? Figuring out who is liable for most car accidents isn’t a mystery. If you are stopped at a stop sign, and the car behind you rear-ends you, then that driver is most likely liable for damage to your vehicle and for any injuries you suffer. But what if your vehicle is damaged (or you are injured) because of: • potholes, • shoulder drop-off • oil and chip • construction zone • icy or snowy roads, • wet roads. ? In many cases, it is the government entity charged with maintaining the road where your accident took place. But there are also times when someone other than the government is responsible.
The Government’s Responsibility to Maintain Roads
As mentioned above, the city, county, or state charged with maintaining the road where your accident occurred may be responsible for any damage caused by poor road conditions. The theory here is, because it is the government’s job to maintain the roads, the government is also responsible for any damage that results when roads aren’t kept reasonably safe. The key here is what is considered “reasonable.” The government won’t always be responsible simply because your vehicle was damages by the questionable condition of a road. State laws typically allow the government a reasonable amount of time to discover poor road conditions and a reasonable amount of time to repair them. Governments generally discovery dangerous road conditions in one of two ways: • through individuals reporting a dangerous condition, and • by conducting regular surveys of the roadways. If the government has not discovered a dangerous road condition, there is a good chance it will not be responsible for any damage the condition causes. The one exception may be, if the dangerous condition has been around long enough that the government should have discovered it. In that case, the government may still be on the hook even though it did not actually know about the poor road condition. Also, the government will not likely be responsible for damage caused by a dangerous road condition if it has not had enough time to repair the condition.
youtube
If you are going to make a successful claim against the government for damage to your vehicle caused by poor road conditions, you will have to prove two things: • the government knew about the poor road condition (or should reasonably have known about it), and • the government did not repair the poor road condition within a reasonable amount of time. Making a Claim The first thing you will want to do is take down relevant information. Record the following: • the general location of the poor condition, i.e. what businesses/landmarks are nearby? • the name of the road • the direction you were traveling • the exact location of the poor condition in the road • the physical characteristics of the poor conditions, e.g. size and depth of a pothole • the names and contact information of any witnesses If you think you may have a claim, you will need to find out which government body is responsible for maintaining the road in question. You can likely find out which government body is responsible by calling your local county commissioners’ office. If they are not responsible, they can likely tell you who is. Once you determine which government body is responsible, you will need to give the government body notice of your claim. You will probably need to do this quickly. Typically there is a limited amount of time to make such a claim. If too much time has passed, you may lose your right to make a claim.
Proving Your Claim
Chances are, the government is not going to send you a check for your property damage just because you make a claim. You will have to prove the government is legally liable. First, you need to show the government knew about the poor condition. The government may admit to its knowledge of the poor condition. If not, you have a couple of options: • Request Survey Records: Government bodies conduct regular surveys to check for poor road conditions. You can request these records. Examine them and determine whether someone previously located the poor road condition that caused your vehicle damage. • Show the Government Should Have Known About the Poor Condition: This could be difficult. It will take some leg work. You will have to take measures to research the area. One way to do this is to interview people who live nearby.
Are There Limits on Damages in a Bad Road Condition Case?
If you file an administrative claim with the government for vehicle damage because of bad road conditions, depending on your state’s laws, there might be a cap on the dollar amount you can recover via the claim process. But this issue is a little more nuanced than that. If you’re asking for more than a certain amount, the government might ask you to specify whether you intend to file any future lawsuit in small claims or regular civil court. Your answers could affect the government’s decision whether to settle your claim. The amount you’re seeking in damages will also dictate your future options. If your claim is denied or no action is taken by the government, and you’re allowed to file a lawsuit, you’ll have to choose whether you’re going to file in small claims court (where you can only ask for up to a certain amount) or in regular court, where there are typically no caps on what a plaintiff can seek. Since these kinds of cases are limited to property damage, which is usually easy to quantify, you should be able to plan ahead and navigate a path that leads to full compensation for your losses.
Free Initial Consultation with Lawyer
It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Delaware Corporations In Utah
Divorce Agreement Enforcement Attorney
How To File A Legal Separation In Utah
Anxiety And Depression During Divorce
Need A Construction Attorney In Utah
What Does Private IP Mean?
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Source: https://www.ascentlawfirm.com/injuries-on-dangerous-roads/
0 notes
divorcelawyergunnisonutah · 4 years ago
Text
Injuries On Dangerous Roads
Utah is widely known for having some of the most scenic roads in the country. While most states dread road construction, Utah’s actually boast about the topic in humorous lighting. All that being said, Utah still sees its fair share of fatal accidents. In fact, there were 128 traffic deaths in 2018 and 20% of those people were not wearing belts, according to the Utah Highway Patrol. “Every crash death has a huge impact on our society,” of the Utah Highway Patrol. While these accidents are often a result of human error, other times it is the sheer quality of a roadway that causes the crash.
Most Dangerous Roads in Utah – Interstate 15
Starting at number one on our list of dangerous roads in Utah is the well-traversed Interstate 15. Running north to south through most of the state, I-15 passes through many of Utah’s most heavily populated regions, including Ogden, Salt Lake City, and Provo, all the way down to St. George. Anyone who has traveled this highway knows I-15 is a traffic hot spot for trouble. Here are the highest risk factors for an accident on this roadway. Risk Factors: • High speed limit (75 mph) • Limited visibility due to large vehicles • Heavy traffic congestion • Accident-prone roadway Interstate 15 has seen thousands of accidents in the last few years, and while Utah cities continue to grow, this highway is not getting any bigger…at least not for now. If you frequently use I-15 or plan to travel through Utah, remember to drive with caution on this route and be mindful of other drivers around you.
youtube
Highway 6 In Utah
Highway 6 has not only made it onto our list of most dangerous roads in Utah, but according to NPR, this route is also one of the riskiest rural drives in the country. Since 1996, there have been more than 150 accident deaths as well as a gruesome 500 serious accidents on just that middle portion of the highway. From Spanish Fork down to Price, this 60-mile stretch of roadway snakes through canyons on a tight and twisting route. Here are the risk factors you’ll want to keep in mind when traveling on Route 6. Risk Factors: • Narrow traffic lanes • High freeway speed • Busy truck route from SLC to Denver • Frequent risk of head-on collision Unfortunately, Highway 6 is not the best route to pass slow-moving vehicles on. Many fatal accidents occur on this roadway because drivers end up crossing into oncoming traffic. If you travel along the Wasatch Mountains on Route 6, drive safely and watch for oncoming traffic.
Utah’s Interstate 70
Interstate 70 ranks 3rd on our list of dangerous roads in Utah for having a scenic yet perilous route. Known as one of the main interstate routes connecting the east coast to the west (almost), the portion of I-70 in Utah is one of the few roadways that doesn’t actually pass through any major cities. Nevertheless, this highway presents imminent danger to those unfamiliar with driving on desolate roadway systems.
youtube
The following risk factors will help any driver see the true peril of Interstate 70. Risk Factors: • Zero services from Green River to Salina • High elevation peak (7,886 feet) • Snaking turns through Spotted Wolf Canyon • More opportunities for distractions Due to its long stretches of nothingness and steep climbs up to mesmerizing canyon views, it’s no surprise that this highway has made it onto our list. All drivers should be prepared when traveling this route, especially for the 100 miles between Green River and Salina.
Washington Boulevard in Ogden, Utah
The dangers of Washington Boulevard have been on the Utah Department of Transportation’s radar for quite some. A roadway that has seen at least one car accident a week since 2015, this busy route has a history of devastation for motorists and pedestrians alike. Passing through North Ogden’s rapidly-growing business district, if you’re a local commuter consider the following risk factors. Risk Factors: • Deadly crosswalk • Only a two-lane roadway • Busiest route in Weber County • High tailgate zone • Poor left-hand turn visibility Ogden residents have even asked UDOT to install a crosswalk and light at 650 North on the boulevard to prevent further injuries. Sadly, some traffic is near impossible to avoid, but if you drive down Washington Boulevard often, keep a safe distance between cars ahead of you and make sure you can see oncoming traffic before making a left-hand turn.
Interstate 80: The Transcontinental
Interstate 80 differs from I-70 in that it actually runs from east to west and traverses the entire United States. This route begins in downtown San Francisco, California and travels all the way up to Teaneck, New Jersey. In fact, it is one of the original highways constructed in 1956. Unfortunately though, I-80 ranks third in Utah for having the highest traffic fatalities in the state. Like other roadways on our list, I-80, too, has a higher speed limit. Navigating this area has caused some deadly accidents in the past. Here are the following risk factors to driving on I-80 through Utah. Risk Factors: • Passes right through “spaghetti bowl” in SLC • Dangerous winter road conditions • Various animal migration areas • High speeding zone In the beginning of 2018, UDOT crews installed signs to help drivers know where to stop in case of an emergency. They also installed stretches of fencing to stop tragic accidents with migrating species in the future. If you’re on a cross-country road trip or simply taking a drive on I-80, watch out for nasty road conditions and other speeding drivers.
Road Conditions: Who Is Responsible?
youtube
Roadways throughout Utah must be designed to accommodate a wide range of traffic—including bicycles, motorcycles, all types of cars and large commercial trucks as safely as possible. When your town or city fails to do this, the municipality may be held accountable for any resulting damages. Some of the conditions that may justify legal action in these cases include: • Fundamentally dangerous road design, including slopes that are unsafe for the traffic mix in inclement weather • Damaged or non-existent guardrails • Obstructed or poor visibility at intersections • The lack of essential warning signs and signals, including those required at railroad crossings • Improperly designed or marked bike lanes, particularly near roundabouts • Failure of road crews to observe critical safety guidelines and standards when setting up and working in construction zones • Road defects and uncollected debris known to UDOT officials or representatives Dangerous road conditions can include insufficient lighting, improper or obstructed signage, dangerous speed limits, poor road construction, malfunctioning traffic lights, uneven asphalt/potholes, and more.
Dangerous Road Conditions
Not all car accident cases are the same. Sometimes, uncommon circumstances are involved that make proving liability a bit more difficult. This can be the case when dangerous road conditions contributed to or fully caused your accident. There are typically two types of personal injury claims surrounding accidents caused by dangerous roads: • Government liability: If a road has a defective design or if it has not been properly maintained and results in your accident, you may have a claim against the government. These cases have a unique layer of complexity due to the government’s involvement as a defendant. • Driver negligence: If a road becomes dangerous due to adverse weather conditions, it is the responsibility of each motorist to adjust his or her driving to ensure safety. For example, if a driver speeds during a heavy rainfall, hydroplanes, and crashes into another vehicle; this driver is responsible for any resulting injuries. Vehicle Damage Due To Poor Road Conditions: Who Is Liable? Figuring out who is liable for most car accidents isn’t a mystery. If you are stopped at a stop sign, and the car behind you rear-ends you, then that driver is most likely liable for damage to your vehicle and for any injuries you suffer. But what if your vehicle is damaged (or you are injured) because of: • potholes, • shoulder drop-off • oil and chip • construction zone • icy or snowy roads, • wet roads. ? In many cases, it is the government entity charged with maintaining the road where your accident took place. But there are also times when someone other than the government is responsible.
The Government’s Responsibility to Maintain Roads
As mentioned above, the city, county, or state charged with maintaining the road where your accident occurred may be responsible for any damage caused by poor road conditions. The theory here is, because it is the government’s job to maintain the roads, the government is also responsible for any damage that results when roads aren’t kept reasonably safe. The key here is what is considered “reasonable.” The government won’t always be responsible simply because your vehicle was damages by the questionable condition of a road. State laws typically allow the government a reasonable amount of time to discover poor road conditions and a reasonable amount of time to repair them. Governments generally discovery dangerous road conditions in one of two ways: • through individuals reporting a dangerous condition, and • by conducting regular surveys of the roadways. If the government has not discovered a dangerous road condition, there is a good chance it will not be responsible for any damage the condition causes. The one exception may be, if the dangerous condition has been around long enough that the government should have discovered it. In that case, the government may still be on the hook even though it did not actually know about the poor road condition. Also, the government will not likely be responsible for damage caused by a dangerous road condition if it has not had enough time to repair the condition.
youtube
If you are going to make a successful claim against the government for damage to your vehicle caused by poor road conditions, you will have to prove two things: • the government knew about the poor road condition (or should reasonably have known about it), and • the government did not repair the poor road condition within a reasonable amount of time. Making a Claim The first thing you will want to do is take down relevant information. Record the following: • the general location of the poor condition, i.e. what businesses/landmarks are nearby? • the name of the road • the direction you were traveling • the exact location of the poor condition in the road • the physical characteristics of the poor conditions, e.g. size and depth of a pothole • the names and contact information of any witnesses If you think you may have a claim, you will need to find out which government body is responsible for maintaining the road in question. You can likely find out which government body is responsible by calling your local county commissioners’ office. If they are not responsible, they can likely tell you who is. Once you determine which government body is responsible, you will need to give the government body notice of your claim. You will probably need to do this quickly. Typically there is a limited amount of time to make such a claim. If too much time has passed, you may lose your right to make a claim.
Proving Your Claim
Chances are, the government is not going to send you a check for your property damage just because you make a claim. You will have to prove the government is legally liable. First, you need to show the government knew about the poor condition. The government may admit to its knowledge of the poor condition. If not, you have a couple of options: • Request Survey Records: Government bodies conduct regular surveys to check for poor road conditions. You can request these records. Examine them and determine whether someone previously located the poor road condition that caused your vehicle damage. • Show the Government Should Have Known About the Poor Condition: This could be difficult. It will take some leg work. You will have to take measures to research the area. One way to do this is to interview people who live nearby.
Are There Limits on Damages in a Bad Road Condition Case?
If you file an administrative claim with the government for vehicle damage because of bad road conditions, depending on your state’s laws, there might be a cap on the dollar amount you can recover via the claim process. But this issue is a little more nuanced than that. If you’re asking for more than a certain amount, the government might ask you to specify whether you intend to file any future lawsuit in small claims or regular civil court. Your answers could affect the government’s decision whether to settle your claim. The amount you’re seeking in damages will also dictate your future options. If your claim is denied or no action is taken by the government, and you’re allowed to file a lawsuit, you’ll have to choose whether you’re going to file in small claims court (where you can only ask for up to a certain amount) or in regular court, where there are typically no caps on what a plaintiff can seek. Since these kinds of cases are limited to property damage, which is usually easy to quantify, you should be able to plan ahead and navigate a path that leads to full compensation for your losses.
Free Initial Consultation with Lawyer
It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Delaware Corporations In Utah
Divorce Agreement Enforcement Attorney
How To File A Legal Separation In Utah
Anxiety And Depression During Divorce
Need A Construction Attorney In Utah
What Does Private IP Mean?
{ "@context": "http://schema.org/", "@type": "Product", "name": "ascentlawfirm", "description": "Ascent <a href="https://www.ascentlawfirm.com/divorce-law/" >Law helps you in divorce, bankruptcy, probate, business or criminal cases in Utah, call 801-676-5506 for a free consultation today. We want to help you. ", "brand": { "@type": "Thing", "name": "ascentlawfirm" }, "aggregateRating": { "@type": "AggregateRating", "ratingValue": "4.9", "ratingCount": "118" }, "offers": { "@type": "Offer", "priceCurrency": "USD" } }
from Michael Anderson https://www.ascentlawfirm.com/injuries-on-dangerous-roads/
0 notes
asafeatherwould · 4 years ago
Text
Injuries On Dangerous Roads
Utah is widely known for having some of the most scenic roads in the country. While most states dread road construction, Utah’s actually boast about the topic in humorous lighting. All that being said, Utah still sees its fair share of fatal accidents. In fact, there were 128 traffic deaths in 2018 and 20% of those people were not wearing belts, according to the Utah Highway Patrol. “Every crash death has a huge impact on our society,” of the Utah Highway Patrol. While these accidents are often a result of human error, other times it is the sheer quality of a roadway that causes the crash.
Most Dangerous Roads in Utah – Interstate 15
Starting at number one on our list of dangerous roads in Utah is the well-traversed Interstate 15. Running north to south through most of the state, I-15 passes through many of Utah’s most heavily populated regions, including Ogden, Salt Lake City, and Provo, all the way down to St. George. Anyone who has traveled this highway knows I-15 is a traffic hot spot for trouble. Here are the highest risk factors for an accident on this roadway. Risk Factors: • High speed limit (75 mph) • Limited visibility due to large vehicles • Heavy traffic congestion • Accident-prone roadway Interstate 15 has seen thousands of accidents in the last few years, and while Utah cities continue to grow, this highway is not getting any bigger…at least not for now. If you frequently use I-15 or plan to travel through Utah, remember to drive with caution on this route and be mindful of other drivers around you.
youtube
Highway 6 In Utah
Highway 6 has not only made it onto our list of most dangerous roads in Utah, but according to NPR, this route is also one of the riskiest rural drives in the country. Since 1996, there have been more than 150 accident deaths as well as a gruesome 500 serious accidents on just that middle portion of the highway. From Spanish Fork down to Price, this 60-mile stretch of roadway snakes through canyons on a tight and twisting route. Here are the risk factors you’ll want to keep in mind when traveling on Route 6. Risk Factors: • Narrow traffic lanes • High freeway speed • Busy truck route from SLC to Denver • Frequent risk of head-on collision Unfortunately, Highway 6 is not the best route to pass slow-moving vehicles on. Many fatal accidents occur on this roadway because drivers end up crossing into oncoming traffic. If you travel along the Wasatch Mountains on Route 6, drive safely and watch for oncoming traffic.
Utah’s Interstate 70
Interstate 70 ranks 3rd on our list of dangerous roads in Utah for having a scenic yet perilous route. Known as one of the main interstate routes connecting the east coast to the west (almost), the portion of I-70 in Utah is one of the few roadways that doesn’t actually pass through any major cities. Nevertheless, this highway presents imminent danger to those unfamiliar with driving on desolate roadway systems.
youtube
The following risk factors will help any driver see the true peril of Interstate 70. Risk Factors: • Zero services from Green River to Salina • High elevation peak (7,886 feet) • Snaking turns through Spotted Wolf Canyon • More opportunities for distractions Due to its long stretches of nothingness and steep climbs up to mesmerizing canyon views, it’s no surprise that this highway has made it onto our list. All drivers should be prepared when traveling this route, especially for the 100 miles between Green River and Salina.
Washington Boulevard in Ogden, Utah
The dangers of Washington Boulevard have been on the Utah Department of Transportation’s radar for quite some. A roadway that has seen at least one car accident a week since 2015, this busy route has a history of devastation for motorists and pedestrians alike. Passing through North Ogden’s rapidly-growing business district, if you’re a local commuter consider the following risk factors. Risk Factors: • Deadly crosswalk • Only a two-lane roadway • Busiest route in Weber County • High tailgate zone • Poor left-hand turn visibility Ogden residents have even asked UDOT to install a crosswalk and light at 650 North on the boulevard to prevent further injuries. Sadly, some traffic is near impossible to avoid, but if you drive down Washington Boulevard often, keep a safe distance between cars ahead of you and make sure you can see oncoming traffic before making a left-hand turn.
Interstate 80: The Transcontinental
Interstate 80 differs from I-70 in that it actually runs from east to west and traverses the entire United States. This route begins in downtown San Francisco, California and travels all the way up to Teaneck, New Jersey. In fact, it is one of the original highways constructed in 1956. Unfortunately though, I-80 ranks third in Utah for having the highest traffic fatalities in the state. Like other roadways on our list, I-80, too, has a higher speed limit. Navigating this area has caused some deadly accidents in the past. Here are the following risk factors to driving on I-80 through Utah. Risk Factors: • Passes right through “spaghetti bowl” in SLC • Dangerous winter road conditions • Various animal migration areas • High speeding zone In the beginning of 2018, UDOT crews installed signs to help drivers know where to stop in case of an emergency. They also installed stretches of fencing to stop tragic accidents with migrating species in the future. If you’re on a cross-country road trip or simply taking a drive on I-80, watch out for nasty road conditions and other speeding drivers.
Road Conditions: Who Is Responsible?
youtube
Roadways throughout Utah must be designed to accommodate a wide range of traffic—including bicycles, motorcycles, all types of cars and large commercial trucks as safely as possible. When your town or city fails to do this, the municipality may be held accountable for any resulting damages. Some of the conditions that may justify legal action in these cases include: • Fundamentally dangerous road design, including slopes that are unsafe for the traffic mix in inclement weather • Damaged or non-existent guardrails • Obstructed or poor visibility at intersections • The lack of essential warning signs and signals, including those required at railroad crossings • Improperly designed or marked bike lanes, particularly near roundabouts • Failure of road crews to observe critical safety guidelines and standards when setting up and working in construction zones • Road defects and uncollected debris known to UDOT officials or representatives Dangerous road conditions can include insufficient lighting, improper or obstructed signage, dangerous speed limits, poor road construction, malfunctioning traffic lights, uneven asphalt/potholes, and more.
Dangerous Road Conditions
Not all car accident cases are the same. Sometimes, uncommon circumstances are involved that make proving liability a bit more difficult. This can be the case when dangerous road conditions contributed to or fully caused your accident. There are typically two types of personal injury claims surrounding accidents caused by dangerous roads: • Government liability: If a road has a defective design or if it has not been properly maintained and results in your accident, you may have a claim against the government. These cases have a unique layer of complexity due to the government’s involvement as a defendant. • Driver negligence: If a road becomes dangerous due to adverse weather conditions, it is the responsibility of each motorist to adjust his or her driving to ensure safety. For example, if a driver speeds during a heavy rainfall, hydroplanes, and crashes into another vehicle; this driver is responsible for any resulting injuries. Vehicle Damage Due To Poor Road Conditions: Who Is Liable? Figuring out who is liable for most car accidents isn’t a mystery. If you are stopped at a stop sign, and the car behind you rear-ends you, then that driver is most likely liable for damage to your vehicle and for any injuries you suffer. But what if your vehicle is damaged (or you are injured) because of: • potholes, • shoulder drop-off • oil and chip • construction zone • icy or snowy roads, • wet roads. ? In many cases, it is the government entity charged with maintaining the road where your accident took place. But there are also times when someone other than the government is responsible.
The Government’s Responsibility to Maintain Roads
As mentioned above, the city, county, or state charged with maintaining the road where your accident occurred may be responsible for any damage caused by poor road conditions. The theory here is, because it is the government’s job to maintain the roads, the government is also responsible for any damage that results when roads aren’t kept reasonably safe. The key here is what is considered “reasonable.” The government won’t always be responsible simply because your vehicle was damages by the questionable condition of a road. State laws typically allow the government a reasonable amount of time to discover poor road conditions and a reasonable amount of time to repair them. Governments generally discovery dangerous road conditions in one of two ways: • through individuals reporting a dangerous condition, and • by conducting regular surveys of the roadways. If the government has not discovered a dangerous road condition, there is a good chance it will not be responsible for any damage the condition causes. The one exception may be, if the dangerous condition has been around long enough that the government should have discovered it. In that case, the government may still be on the hook even though it did not actually know about the poor road condition. Also, the government will not likely be responsible for damage caused by a dangerous road condition if it has not had enough time to repair the condition.
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If you are going to make a successful claim against the government for damage to your vehicle caused by poor road conditions, you will have to prove two things: • the government knew about the poor road condition (or should reasonably have known about it), and • the government did not repair the poor road condition within a reasonable amount of time. Making a Claim The first thing you will want to do is take down relevant information. Record the following: • the general location of the poor condition, i.e. what businesses/landmarks are nearby? • the name of the road • the direction you were traveling • the exact location of the poor condition in the road • the physical characteristics of the poor conditions, e.g. size and depth of a pothole • the names and contact information of any witnesses If you think you may have a claim, you will need to find out which government body is responsible for maintaining the road in question. You can likely find out which government body is responsible by calling your local county commissioners’ office. If they are not responsible, they can likely tell you who is. Once you determine which government body is responsible, you will need to give the government body notice of your claim. You will probably need to do this quickly. Typically there is a limited amount of time to make such a claim. If too much time has passed, you may lose your right to make a claim.
Proving Your Claim
Chances are, the government is not going to send you a check for your property damage just because you make a claim. You will have to prove the government is legally liable. First, you need to show the government knew about the poor condition. The government may admit to its knowledge of the poor condition. If not, you have a couple of options: • Request Survey Records: Government bodies conduct regular surveys to check for poor road conditions. You can request these records. Examine them and determine whether someone previously located the poor road condition that caused your vehicle damage. • Show the Government Should Have Known About the Poor Condition: This could be difficult. It will take some leg work. You will have to take measures to research the area. One way to do this is to interview people who live nearby.
Are There Limits on Damages in a Bad Road Condition Case?
If you file an administrative claim with the government for vehicle damage because of bad road conditions, depending on your state’s laws, there might be a cap on the dollar amount you can recover via the claim process. But this issue is a little more nuanced than that. If you’re asking for more than a certain amount, the government might ask you to specify whether you intend to file any future lawsuit in small claims or regular civil court. Your answers could affect the government’s decision whether to settle your claim. The amount you’re seeking in damages will also dictate your future options. If your claim is denied or no action is taken by the government, and you’re allowed to file a lawsuit, you’ll have to choose whether you’re going to file in small claims court (where you can only ask for up to a certain amount) or in regular court, where there are typically no caps on what a plaintiff can seek. Since these kinds of cases are limited to property damage, which is usually easy to quantify, you should be able to plan ahead and navigate a path that leads to full compensation for your losses.
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It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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floridaindependentblog · 5 years ago
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Known for its sandy beaches and abundance of sunshine, Florida is the go-to state for vacationers looking to relax and have fun in the sun. Unfortunately, Florida is also the top state for car accidents, which makes it imperative for visitors and residents to be mindful and practice safe driving skills. According to statistics released by the FLHSMV (Florida Highway Safety and Motor Vehicles) there were 403,626 total crashes in Florida in 2018, which is the latest reporting year available. The three counties with the highest number of auto accidents were Miami-Dade with 64,627; Broward with 41,082; and Orange with 31,917.
Why Do These Accidents Occur?
There are many different reasons why these accidents occur, but some causes are more common than others. Distracted driving is one of those causes. Distracted driving is engaging in any other activity that takes your attention away from driving. Examples include eating and drinking, using a cell phone, or being preoccupied with other priorities. It can also include adjusting the volume on your radio or engaging with other occupants in the vehicle. It is very easy to become distracted while driving.
Speeding
Speeding is another frequently cited reason for auto accidents. Pay close attention to posted speed limits, as it is easy to speed without even being aware of it. Speeding reduces your time to react when something unexpected happens, such as another driver swerving into your lane, and it also increases the amount of distance you will need to bring your vehicle to a stop. The amount of damage and injuries that you could sustain if an accident occurs increases the faster you go.
Drowsy Driving
Driving while drowsy is dangerous and leads to auto accidents. Drowsy driving can slow down your thought process and decrease your reaction time. The best way to prevent drowsy driving is to make sure you have had adequate sleep before getting behind the wheel and to avoid driving at times you would normally be asleep. Also, if you feel tired, pull over and rest until you can drive safely. Florida has approximately 53 highway rest areas to make sure drivers have a place to go for a much needed break.
Poor Road Conditions
Inclement weather conditions and unsafe roadways are factors that contribute to auto accidents. While it is sometimes necessary to drive in bad conditions it should be avoided when possible. Fog, rain, and high winds impact your ability to safely control your vehicle and with Florida ranking #5 in the US for the most rain, it means a higher chance of accidents. Nearly 1,235,000 crashes each year are weather-related with 70% of those happening on slick roadways and 46% occuring while raining. When you do have to drive in these types of conditions it is even more important to pay close attention to your surroundings, drive slowly, and make sure you leave early so that you’ll have plenty of time to arrive safely.
Road construction and debris in the road can also lead to more accidents. In fact, Miami-Dade’s stretch of I-95 is considered one of the deadliest. This is not only due to high congestion, but the poorly maintained road and narrow shoulder of the express lanes add to the danger.
Driving While Intoxicated or Distracted
Although driving under the influence decreases your ability to make sound judgments, concentrate, and react, driving while intoxicated continues to be a major problem on Florida highways. In 2018 alone there were 5,106 confirmed crashes caused by alcohol in the state. 820 of those cases occurred in Miami-Dade, Broward, and Orange counties. Accidents involving alcohol happen more frequently at night on weekends and holidays and are easily preventable. Similarly, distracted and aggressive drivers definitely play a major part in accidents in all Florida counties. Although there are legal consequences for both drunk driving and distracted driving, it still results in thousands of accidents every year.
Poor Vehicle Maintenance
Another contributing factor to auto accidents on the Florida highways is failure on the part of the driver to properly maintain their vehicle. To keep from becoming a statistic and help prevent an accident before it happens, make sure to keep your vehicle in good working order. This means taking preventative measures such as having the oil changed and tires rotated on a regular basis. Windshield wipers need to be replaced when they start to become worn and lights should be checked to ensure they are working. Pay attention to your vehicle and have it looked at by a professional if it is not performing correctly. Small steps such as this can go a long way in helping to avoid an accident.
The post Top Three Florida Counties for Auto Accidents and Why These Accidents Happen appeared first on Florida Independent.
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frankgiunta · 5 years ago
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Here's why these parts of Texas see more fatal crashes and what could save lives
https://frankgiunta.com/heres-why-these-parts-of-texas-see-more-fatal-crashes-and-what-could-save-lives/
Here's why these parts of Texas see more fatal crashes and what could save lives
Firefighters in Iowa Park, Texas, near Wichita Falls, work to extinguish the fires from the crash that killed Danielle Galvan, 23, on March 6, 2018. (Photo: CHRISTOPHER WALKER/TIMES RECORD NEWS)
Here’s why these parts of Texas see more fatal crashes and what could save lives
John C Moritz Austin Bureau USA TODAY NETWORK, Corpus Christi Caller TimesPublished 8:00 a.m. CT Nov. 26, 2019
The five largest oil- and gas-producing areas account for nearly half of Texas’ fatal traffic crashes. TxDOT and the trucking industry are teaming up to make the roads safer.
AUSTIN — Danielle Galvan was driving to Dallas from her parents’ home in the Panhandle when her compact Chevrolet Spark crashed into the rear of a tractor-trailer that was attempting to back up onto U.S. 287 about 10 miles west of Wichita Falls.
The 23-year-old aspiring fashion designer and model died in the fiery wreck on the night of March 6, 2018, leaving behind two children and a grieving extended family in Hereford, southwest of Amarillo.
The crash that claimed her life occurred on a highway that connects some of the largest and busiest oil- and gas-producing regions of Texas to the sprawling population center anchored by Dallas and Fort Worth.
Galvan was among the 1,673 people who lost their lives in 2018 while motoring through one of Texas’ five largest oil and gas plays, according to figures compiled by the Texas Department of Public Safety. That’s about half of all traffic fatalities in the state and represents a grim downside to the Texas resurgent energy sector that is helping to propel the state’s booming economy.
“It’s very scary out there right now,” said Richard Minnix, the owner of McClatchy Brothers, a Midland trucking company that serves the booming and oil-rich Permian Basin. “The biggest problem is distracted driving. It’s jacking with your cell phone, text messages.”
What’s causing the fatal crashes?
The TxDOT figures still show speeding as the No. 1 cause of crashes in Texas, with distracted driving close behind. Lawmakers in 2017 banned texting and driving in Texas, but the crash rate still increased during the first year the law went on the books.
James Bass, TxDOT’s executive director, said driving conditions, especially in the energy-producing parts of the state, have changed dramatically with the uptick in production.
“A big increase in the number of heavy trucks and traffic on state and county roads adds to the complexity of driving — something we always need to give our full attention to, while also obeying traffic laws,” Bass said.
Several emergency agencies work the scene of a major accident, Wednesday morning, on U.S 287 in Wichita Falls, April 24, 2019. (Photo: CHRISTOPHER WALKER/TIMES RECORD NEWS)
John Esparza, who heads the Texas Trucking Association, said trucks are to blame for only a fraction of the wrecks — both in the oil patch and statewide — even if crashes involving big rigs tend to draw an outsized share of news coverage.
Still, he said, much of the oil and gas production is taking place in rural Texas, where roads were built to accommodate less traffic.
“We’re becoming more and more congested, and there are more and more fatalities that involve everyone because some of the simplest things we are not doing well,” Esparza said. “And you throw trucks in the middle of all of that, you are seeing more trucks involved in that area in a disproportionate amount than they are for the whole rest of the state.”
‘They just can’t keep up’
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The sprawling Permian Basin, which covers much of West Texas and extends into New Mexico and is perhaps the nation’s biggest producer of oil and gas, saw 485 highway deaths and 1,321 serious injuries in 2018. The number of traffic crashes increased 13% from 2017 and the fatalities jumped 20% from 2017.
But those figures run behind the more urbanized Barnett Shale, which includes Fort Worth and its suburbs and extends to the Wichita Falls area. Last year, 710 fatalities and 3,400 serious injuries were reported from crashes in the Barnett Shale.
Wichita Falls emergency crews respond to a report of a hazmat accident on 287 near Wellington Road, Aug. 26, 2019. (Photo: CHRISTOPHER WALKER/TIMES RECORD NEWS)
Both Esparza and Minnix give TxDOT high marks for improving roads and expanding capacity in West Texas and in the other high-producing regions. The challenge is keeping up with the traffic needed to get workers and equipment to the oil fields, and to get the product to the market.
“They are doing a lot of construction,” Minnix said. “They just can’t keep up.”
Minnix said the Midland area, which has been a major hub for oil drilling for decades, is booming. And that boom is rippling in all directions.
In Pecos, about 100 miles to the southwest and about 200 miles east of El Paso, oilfield activity is causing unheard-of traffic jams on the two-lane blacktops leading in and out of town.
Be safe. Drive smart
The trucking association is helping TxDOT with a public-education initiative called “Be Safe. Drive Smart” that is aimed at the state’s energy-producing regions. The campaign reminds drivers to:
Always buckle up. That includes drivers and all passengers.
Take into account the amount of traffic, road conditions, and weather when gauging how fast to drove.
Put your phone away: no talking or texting when you’re behind the wheel.
Give large trucks plenty of space, and pass only when it’s safe and legal to do so.
Obey stop signs and traffic signals.
Never drive under the influence of alcohol or other drugs.
Mark Martinez, who works in the oil and gas business, said traffic congestion and the wrecks that followed in the Pecos area started becoming more than a minor nuisance about four years ago.
Firefighters in Iowa Park, Texas, near Wichita Falls, work to extinguish the fires from the crash that killed Danielle Galvan, 23, on March 6, 2018. (Photo: CHRISTOPHER WALKER/TIMES RECORD )
In 2016, he started a Facebook page called West Texas Oil Field Traffic Update to keep friends and co-workers apprised of conditions that could slow their commutes to work or the driving required by their jobs.
“There got to be so many trucks, so much road construction — or lack of road construction — sometimes you can’t get anywhere,” Martinez said. “You get behind a wreck on one of these two-lane roads out here, and you’re at a standstill for hours.”
Fatal crash serves as a reminder
The driver of the rig who caused the accident that claimed the life of Galvan was found guilty of manslaughter in October.
On the witness stand after the verdict was handed down, the driver made a tearful apology to Galvan’s family.
The jury handed down a suspended sentence of two years in prison, but ordered him to serve 45 days in Wichita County Jail as a condition of probation.
Danielle Galvan was killed in a crash near Wichita Falls on March, 6, 2018. She was 23 and had two children. (Photo: Georgia Perez)
Georgian Perez, Galvan’s aunt, said the sentence was light. But she hopes that her niece’s death can serve as a reminder of the far-reaching heartbreak families of those who die in highway crashes must carry.
“Danielle’s death left a huge void in our hearts that will never be filled,” Perez said. “She was indeed our treasure, our angel, and the kindest soul we were fortunate enough to have in our lives.
“I do not wish to see another person leaving their loved ones behind, because someone careless and selfish was behind the wheel.”
Auto and Motorcycle Accidents
If you are in the DFW area and have been in an accident, you need a good lawyer. You are in the right place! Plano has 3 of the top 10 worst intersections in the DFW area. If you live in the Dallas area, such as Plano or Richardson, and have been in a car accident, give us a call today. 800-515-7200.
Automobile and motorcycle accidents are the leading cause of personal injury and death in the U.S., with almost three million injuries and over 40,000 deaths each year.  If you or a loved one has been involved in a motor vehicle accident because of the negligence of others, you may be entitled to payments for personal injury or wrongful death.  We may be able to help you to recover payments for medical and funeral expenses, lost wages, physical pain and emotional suffering, disability, and future losses.
In Texas for 2012 there were roughly 63,000 serious injury crashes in the state, with 87,000 people sustaining serious injuries from these crashes. Dallas is large metroplex that sits in the center of several different highway systems. This influx of drivers and automobiles leads to the potential for numerous vehicle collisions. If you are injured in a car wreck, you will need the help of an experienced auto accident lawyer in Dallas like Giunta Law.
In 2012, Dallas alone had nearly 25,000 reported car accidents, out of which 128 were fatal, and 3,500 resulted in serious injuries. This is no small number but is only a fraction of the over 325,000 car accidents which were reported throughout the entire state. Throughout the whole of Texas, the most common crash contributing factor is speeding, accounting for 23,000 collisions in 2012. After a traumatic accident, it’s important to get help from a knowledgeable Dallas auto accident attorney like Frank Giunta.
If you have been injured in a car accident or car wreck, contact Frank Giunta today!
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