Criminal charges were filed on Wednesday, April 28, 2010, against Cole Nocks for his participation in the pesticide poisoning deaths of two young Layton girls, Rebecca and Rachel Toone. Mr. Nocks, 62, faces charges of Class A Misdemeanors of negligent homicide which could result in two years in prison and serious fines.

Who Caused the Deaths of Two Young Utah Girls?

According to a Deseret News report, civil charges are in the process of being filed against Cole Nocks and his employer, Bugman Pest and Lawn Inc., for operating in faulty and negligent manner. Bugman Pest & Lawn Inc. business practices violate the National regulation to create fumigant t management plans for the toxic chemicals used by their business. By law, they are required to provide homeowners with this plan and information of the toxin risk. They are also legally required to return to the home or business and inspect the toxin level in the areas pesticide was applied.

It does not appear that Nocks followed any of these guidelines nor did Bugman require their employees to do so. Nathan and Brenda Toone have the right to file wrongful death claims on behalf of their two deceased daughters, Rebecca and Rachel Toone, and a personal injury claim for their third minor daughter who was also hospitalized with pesticide poisoning. It is important to note that Utah Law designates a limited time frame to file a wrongful death claim. The Toone family is well advised to speak to an experienced wrongful death and personal injury attorney before signing any paperwork or making any decisions.

The Utah Wrongful Death Guidebook:

In Utah, a “wrongful death” occurs when someone is killed through the misconduct or negligence of another person, company or entity. The pain, confusion and trauma involved when a loved one is taken from us is overwhelming. While no one can bring a loved one back or prevent this pain, the wrongful death attorneys at the Christensen law Firm can help you hold the responsible party accountable and obtain justice for your loss.

Attorney Ken Christensen, author of the “7 Biggest Mistakes that Can Wreck Your Utah Accident Case,” is writing a new book for Utah residents entitled “The Utah Wrongful Death Guidebook.” This informative resource takes a delicate and honest approach on how to deal with the aftermath of losing someone you love in a Utah accident including: Utah law, coping with loss, insurance questions, financial obstacles and more. This book is expected to be released in the Summer of 2010. Visit us at www.utahaccidentbooks.com to preorder your FREE copy today.

Hidden Danger: Unregulated Utah Pesticide Companies

According to the Utah Department of Agriculture and Food’s department manager, Clark Burgess, there are only four state pesticide regulators statewide to inspect more than 900 pesticide companies that employ over 2000 Utahans. This should be a major concern for Utah residents, especially those families with small children. The State of Utah also plans to file civil charges against Bugman and Mr. Nocks.

National Implications of the Toone Sisters’ Pesticide Deaths

The U.S. Environmental Protection Agency (EPA) responded quickly to the tragic pesticide deaths of the Utah Toone Sisters by announcing strict regulations for Fumitoxin. This pesticide is banned from being used around homes and have increased the “buffer zones” around non-residential buildings. The EPA has also increased funding for Utah by $70,000 for education and enforcement.

To schedule a FREE no obligation consultation with one of the skilled Utah personal injury lawyers of the Christensen Law Firm, PLLC, contact us at 801.506.0800. Our attorneys will answer your questions regarding Wrongful Death Statutes, Utah Law, and your legal options.

Bicycle Safety Tips

Another beautiful Utah spring is underway, and many locals are enjoying the outdoor freedom that comes with the warmer weather.  Bicycle enthusiasts have fine-tuned their bikes, strapped on their helmets, and hit the pavement for exercise and enjoyment.  The attorneys at the Christensen Law Firm would like to start this bicycle season with some safety tips and reminders for all of Utah’s cyclists.

First and foremost, wear a helmet.

Although Utah law does not require helmets for bicyclists over the age of eighteen, every cyclist should wear a helmet as a safety precaution.  Helmets reduce the risk of head injuries by 85%, yet a study conducted by the Utah Department of Health found that only 19% of Utahns consistently wear helmets while riding.  Please remember to always wear a helmet for your own protection.  This one simple act can save your life.

Always remember to follow the rules of the road when riding in urban areas.

Utah state law designates bicycles as moving vehicles, requiring them to obey all traffic signs and lane markers.  When riding your bike, be sure to follow all traffic laws and ride in designated bicycle lanes where available.  Always ride with the flow of traffic on the right-hand side of the road.

Use hand signals to communicate your intentions to motorists.

If you do not know the proper hand signals or how to utilize them, simply log on to YouTube.com and type “bicycle hand signals” in the search bar.  This search will yield many instructional videos that will show you how to properly use bicycle hand signals.

Be aware of your surroundings.

Listening to your iPod or MP3 player can become a distraction and prevent you from hearing what is going on around you.  As an added safety precaution, you should avoid listening to your music player when riding your bike, especially if you are cycling in urban areas with heavy traffic around you.

Bicycling at night presents its own set of dangers.

Taking some simple precautions can help you avoid a serious Utah bicycle accident.

• Always dress to be seen by wearing brightly-colored clothing and avoiding dark clothes.  You can purchase reflective clothing from bicycle shops and recreation stores that will increase your visibility at night.
• Also, be sure your bicycle is equipped with a headlight in the front a rear reflector on the back.

Of course, following safety guidelines does not guarantee you will never be involved in an accident.  Even the safest of bicyclists can end up in a serious accident.  Many bicycling accidents involve motor vehicles, resulting in serious injuries to the cyclist.  Kenneth Christensen, founder of the Christensen Law Firm, is an expert in Utah personally injury laws and has authored “The Utah Bicycle Accident Handbook.” This book discusses the legalities involved in Utah bicycle accidents and provides bicycle accident victims with important information on how to work with insurance companies.  This book is FREE to Utah citizens as a public service.  For a free copy of this book, or one of Mr. Christensen’s many Utah accident books, visit www.utahaccidentbooks.com or call 801.506.0800.

When it comes to discussing Utah dog attacks, the focus tends to center on the physical implications of a vicious dog bite.  This is with good reason; dog bites can result in long-term physical injuries, including permanent scarring and facial disfigurement.  Such injuries will have lasting physical implications.  However, the physical consequences of a dog attack are only one side of the issue.  Emotional and psychological side effects of dog bites can be just as detrimental to a victim’s long-term health.

The Psychological Implications of Facial Disfigurement of Children

When a dog attacks, the victim may be bitten in the face and permanently scarred and disfigured.  This is particularly common among children, as their shorter height makes it easier for dogs to reach their faces.  Permanent facial scarring has lasting psychological implications for adults and children alike, but it can be especially damaging to a child’s overall mental development.

We all remember how difficult elementary school can be with teasing and bullying.  Children who have suffered facial disfigurement from a dog attack are often subjected to pointing, laughing, and ridicule from their peers.  Even outside the playground, children with facial scarring receive stares, startled reactions, and looks of pity.  As a study published in Psychology, Health & Medicine notes, these behaviors leads the victim feeling ostracized and lonely.  Such feelings can develop into long-term social and behavioral problems.

Children with facial disfigurement often develop social anxiety, low self-esteem, and insecurity, carrying these distresses with them well into their adulthood.  If your child has suffered from facial scarring as the result of a dog attack, it is important to be aware of signs of social isolation, depression, or anxiety.  If you see your child manifesting these symptoms, you should consider seeking psychological counseling to help him/her overcome the social and emotional obstacles.

If a dog attacks your child, consider hiring a Salt Lake City personal injury attorney to help you receive a proper settlement.  It is important to make sure that as a parent, the responsible party properly compensates you so that you are not stuck paying out-of-pocket for these medical procedures. The attorneys at the Christensen Law Firm are experts in the laws pertaining to Utah dog bites and attacks, and believe your child deserves only the best medical and psychological care.  We will diligently work for you and your child to ensure you receive a proper settlement.

For more information about Utah dog bites, you can request a free copy of “The Utah Dog Bite and Attack Handbook,” authored by the Christensen Law Firm founder Kenneth Christensen.  For a FREE copy, visit http://utahaccidentbooks.com or call us at 801.506.0800.

FrontRunner Shut Down After Fatal Accident Kills Pedestrian

A fatal accident involving the UTA TRAX FrontRunner and a pedestrian shut down the FrontRunner service in Clearfield. A spokesperson from Utah Transit Authority confirmed that a pedestrian was stuck while walking on the tracks near the Clearfield station of 250 West and 700 South around 7 am Thursday morning of April 22, 2010. The Trax services were suspended for several hours.

A teenage boy apparently crawled under a fence near the tracks near the viaduct. There are no pedestrian crossing areas at this point it the TRAX route where the train travels at speeds close to 79 miles per hour. Teen was killed instantly upon impact. North Davis Police Department had struggled to identify the young victim due to the amount of trauma on his body in this high collision accident with the train.

Newly Available Facts

New facts are available in the horrific UTA TRAX accident that killed a teenage boy early Thursday morning of April 22, 2010. According to KSL news, the teenage victim is 14 year old J.J. Reyes. The young victim lived less than a mile from the scene of the accident. He reportedly is a 9^th grade student at North Davis Junior High School. Fellow students and teachers at the Junior High remark that the late J.J. Reyes was a compassionate, fun and friendly young man.

I offer my deepest condolences to the family members and those who knew and loved the late J.J. Reyes. From the balloons and handwritten notes left at the fatal train accident scene, it already apparent that this young man will be missed. Please keep his family and friends in your thoughts and prayers as they go through the difficult process of losing someone they love in such a sudden and violent manner.

How to Proceed with a Wrongful Death Case

The healing process of losing a loved one due to the negligent behavior of another person or entity is a long and difficult emotional journey. The last thing you want to consider is working with cold insurance adjusters and researching Utah wrongful death law. However, the Utah statute of limitations limits the time available for you and your family to make a wrongful death claim.  Many Utah accident victims and survivors make rash decisions because they are understandably overwhelmed by the emotional predicament they find themselves suddenly thrown into. Many later regret their decisions as they lose out on benefits and rights.

While we cannot bring your loved one back, we can help guide you through this difficult process and provide you the sense of comfort and security that comes with knowing that your legal interests are being respected and upheld. To schedule a FREE no obligation consultation with Attorney Ken Christensen of the Christensen Law Firm, please call 801.506.0800. This consultation provides you with an opportunity to have all your legal and insurance questions answered by a skilled Utah personal injury attorney.

“3 in every 10 Americans will be involved in an alcohol-related car crash in their lives”- MADD

Facts Surrounding the Salt Lake DUI Accident that Killed 1 and Injured 4

28-year-old Jeremy Kemple was returning home from celebrating his friend Michael Peterson’s 25^th birthday when the fatal car accident occurred at the intersection of E Street and South Temple on March 23, 2010. The 26-year-old driver of the Honda Civic was driving drunk and smashed into the late Mr. Peterson’s Volkswagen Passat—killing Michael Peterson instantly and critically injuring Jeremy Kemple and the two passengers of the Honda.

Surviving A Utah Drunk Driving Accident

According to a KLS news interview, Jeremy Kemple describes his gratitude to be alive and the utter devastation of losing his friend in this horrific Utah drunk driving car accident. Jeremy sustained 10 fractures in his pelvis, a ruptured bladder, a collapsed lung, a severed spleen, and broken ribs. He has a metal contraption drilled into his hips to stabilize his pelvis and back. Jeremy is still an inpatient in a rehabilitation hospital and unable to work. He and his family are under a lot of stress dealing with the death of a loved one, the slow recovery of serious injuries, mounting medical bills and the inability to work. The severe and devastating consequences of the reckless actions of a drunk driver are apparent in this terrible DUI accident.

Drunk Driving Statistics

Despite the option to use a cab or to designate a sober driver, many people still consciously choose to drink and drive. Statistics from Mothers Against Drunk Driving (MADD) demonstrate that every minute a person is injured by a drunk driver. Drunk drivers kill one person every 45 minutes. The National Highway Traffic Safety Administration reports that 32% of the total traffic accident fatalities of 2008 were caused by drunk drivers.

Hiring an Experienced Personal injury Lawyer

If you or a loved one has been injured or killed in a tragic accident with a drunk driver, it is important to speak to a skilled Utah personal injury lawyer. There are several key legal and insurance issues that affect wrongful death claims and DUI accident cases. Ken Christensen, attorney of the Christensen Law Firm, understands how overwhelming this process is for Utah accident victims. That is why he offers a FREE no obligation consultation where you are given the opportunity to have all your questions answered and to learn about what legal rights and protections are available to you and your family.

Please contact us today at 801.506.0800 to schedule your FREE no obligation consultation.

Despite the obvious risks to oneself and fellow commuters, the majority of motorists ignore cell phone restrictions by talking and texting while they drive. In fact, 80% of all motor vehicle accidents are caused by driver distraction. The most prominent form of driver distraction is cell phone use.

Fact: Talking on a cell phone was the cause of 25% of car accidents nationwide.

Case Study: Teens are at Risk

Outlawing text messaging has made several large strides in the last two years. In June 2008, US News and World Report published an article about the five teenage girls killed in a tragic car accident the after their high school graduation in Rochester, New York. Many might assume that alcohol was the contributing cause of the horrific accident. But it wasn’t. Rather, the teen driver was texting and inadvertently crossed into oncoming traffic and hit a semi trailer truck head on. This texting and driving car accident resulted in five fatalities and hundreds of thousands of damage.

The tragic story made national headlines and propelled an national insurance company to  study the issue of texting and driving. The study found that 20% of drivers admitted to texting while they drove. Two years later in 2010, despite the implementation of several state laws banning texting, that number is over 70% of motorists who admit texting and driving. Oprah Winfrey, in her 2010 No Phone Zone campaign, calls this need to text or talk on cell phones a social phenomenon. Whatever it is, the fact is that texting and driving is resulting increased car accidents and deaths—especially with the teen demographic.

Updated Cell Phone and Texting Statistics

• Texting while driving is 6 times more likely to result in an accident than driving while intoxicated.
• Over 60% of American teen drivers admit to risky driving. Nearly half of those who admitted to risky driving practices also admitted to text messaging while they were driving.
• 48% of teens report that they have been a passenger in a car while the driver was texting.

New Technologies Designed to Stop Texting and Driving

New technologies are being developed with the goal to eliminate the possibility of the driver to text and in some cases even use their cell phone when they are driving. Here are a few examples of where this type of safety innovation is headed:

Electronic Virtual Assistant (EVA): this electronic device provides drivers with a hands free option for sending and receiving text messages. The EVA will read your incoming messages to you through your hands free device. You have the option to dictate a message back that will be sent as an email. This EVA technology is currently available.

Cell Phone Disablers: Technology that would prevent cell phones from functioning in moving vehicles is already in the works. A few of the kinks that need to be worked out is how to disable the cell phone for only the driver and not the passengers. Also, there must be emergency options available to motorists.

These types of texting prevention technology is controversial and probably will need state or federal legislation mandating the use of this technology before it becomes popular or widely implemented. Regulation and enforcement are huge obstacles in the plight to eliminate texting and driving. Most states already have some form legislation banning texting but these laws have not been successful in reducing the problem. In fact, the predominance of texting drivers is increasing at an alarming rate nationwide.

Injured by a “Texter”: Call a Skilled Utah Accident Lawyer

If you have been injured by an individual who was texting and driving, it is wise to contact an experienced Utah Car Accident and Personal Injury Attorney. By contacting the Christensen Law Firm at 801.506.0800, you can schedule a FREE no obligation consultation with a skilled Utah Accident Lawyer to discuss the specifics of your case and to find out what your legal rights are. Call us today.

Jason Lambeth, 35, of St. George, Utah, died in tragic single car accident early Friday morning of April 16, 2010. Mr. Lambeth was killed with he drove his vehicle off the end of a cul-de-sad road situated on a hilltop. Jason was last seen around 2 a.m. when he left St. George Utah, and continued on his way to Hurricane, Utah.

Facts of the Fatal Utah Car Accident

A Wal-Mart employee found the remains of the accident around 8 am on Friday morning and contacted the Hurricane Police Department. The responding officers stated that given there weren’t any skid marks and the absence of street lamps; it is quite possible that the late Jason Lambeth was unaware that he was on a hilltop. According to the Dixie News, Police officers have ruled out the use of alcohol, drugs, suicide or foul play as contributing factors in this accident.  Jason Lambeth fell over 60 feet. He was not wearing his seatbelt and died upon impact.

I offer my deepest condolences to those who knew and loved Jason Lambeth. Please keep his family in your thoughts and prayers.

Warning: Your Wrongful Death Lawyer can Make or Break Your Case

In a puzzling and tragic accident such as the death of Jason Lambeth, surviving family members are understandably overwhelmed with emotions and questions. They will get burdened with insurance agents, police investigations, liability issues, funeral preparation and unexpected expenses.

During this complex and difficult time; it is imperative that victims and their family members do not make haste decisions that could seriously affect their wrongful death claim and the insurance benefits that they are entitled to under Utah law.  Not all lawyers have the experience necessary to investigate a complex case like this one. Hiring a skilled Utah Accident attorney will ensure that your rights are protected.

Here are a few examples of the liability questions an experienced Utah Personal Injury attorney will investigate:

• Is the city responsible for not putting up signs warning motorists of the steep drop off?
• Why weren’t there lampposts or other lighting constructed in this obviously dangerous area.
• Have there been previous accidents or complaints?
• Who owns the area that Jason Lambeth was killed at?

Attorney Ken Christensen is the leading wrongful death and personal injury attorney in the State of Utah. He has written several Utah accident books in his endeavor to educate Utah residents of Utah Law, their legal rights and how to navigate successfully through the insurance world. These legal guidebooks include The 7 Biggest Mistakes that Can Wreck Your Utah Accident Case and The Utah Wrongful Death Guidebook.

Whether or not you hire Ken Christensen or The Christensen Law Firm for your legal needs; Mr. Christensen takes pride in knowing that he can help you better understand your legal situation so you don’t make rash decisions you will regret later.

Before you sign any paper or hire an attorney, educate yourself! For a limited time, Mr. Christensen is offering his Utah Accident legal books for FREE. Visit www.utahaccidentbooks.com or contact The Christensen Law Firm by phone at 801.506.0800 to order your free copy today.