Kramer Law Group - April 2019

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KRAMER LAWGROUP UTAH PERSONAL INJURY LAWYERS

THE KRAMER CHRONICLES INSPECTION ELIMINATION ADDS TO THE NUMBER OF UNSAFE VEHICLES ON UTAH ROADS MORE TICKETS, MORE BALD TIRES 04.19 WWW.KRAMERLAWGROUP.ORG | 801.601.1229

I t’s been over a year since lawmakers passed a controversial bill that eliminated mandatory auto inspections. Since then, the state of Utah has seen a 43 percent increase in citations issued to motorists for unsafe vehicles and equipment violations, according to KSL News. Additionally, the Utah Highway Patrol (UHP) has seen an increase in cars colliding, sliding, or slipping in the snow or ice. While there is still a law that requires motorists to install tires with sufficient tread, without the state inspections for passenger cars, some motorists don’t feel compelled to make sure their tires meet state minimums. These unsafe bald tires caused two recent crashes that killed two people in a snowstorm on Feb. 6, taking a grandmother of 18 and a father of two. The idea to eliminate inspections can be credited to Dan McCay, R-Riverton, a state senator who offers no apologies for increasing the incidence of unsafe cars on the road. In fact, McCay claims, “Our roads are safer today as a result of us doing away with vehicle safety inspections.” He further states that the increased incidence of tickets for unsafe equipment is a “great” thing and that “people are getting immediate feedback on the safety of their vehicle and they’re able to go and get it repaired immediately.” The only response I have to his comments is ... wow. When McCay was pushing the bill, he claimed it would provide additional money ($2.6 million) for the UHP to hire more help to enforce our current

troopers — including tape measures, tire pressure gauges, tire tread depth gauges, and window tint testers — to help them perform inspections when they suspect an equipment violation. No additional troopers have been hired as of yet. According to Zesiger, the problem is that troopers are not mechanics and cannot perform the types of inspections that should be handled in a mechanic’s garage, including brake inspections. There are 1.9 million cars in Utah, but only around 34,530 stops each year, which means that fewer than 2 percent of Utah cars are even superficially inspected by UHP troopers. But even then, there will never be an underbody inspection unless the car is impounded or involved in a serious crash. The choice to eliminate inspections was terrible because it virtually guaranteed an increase in serious injuries and death. I was there at the committee meeting to provide feedback from the vantage point of a personal injury lawyer who has seen how unsafe equipment has contributed to or caused a crash to happen. I sat next to Lt. Col. Zesiger as he stood up to vigorously oppose the measure. It quickly became clear that the committee was there to back their colleague and that their minds were made up; they did not appear to be interested in the safety concerns of those who had packed the room to provide input. That’s a shame — I thought their job involved supporting the safety and well-being of the constituents they profess to serve. In the meantime, this means more lawsuits for us because our office will continue to screen cases where equipment violations, such as bald tires, contributed to the crash. Given our influx of lawsuits, you might be inclined to think that I’d support the idea of eliminating inspections; after all, it only promises to increase the number of cases we’ll sign because of faulty and unsafe equipment. However, I would much rather our roads be safer as a result of regular and proper vehicle inspections.

safety equipment laws. “Having additional enforcement and having the additional troopers on the road really is making a difference for our roads,” McCay recently said. If only this were true. According to Lt. Col. Mark Zesiger of the UHP, this additional money has not helped lower the incidence of unsafe cars on the road. In fact, tickets for unsafe cars still rose by 43 percent. The pot of extra money has been spent in part to provide additional equipment to

–Ron Kramer

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According to surveys conducted by Statistica, the number of social media users throughout the world jumped from 1 billion in 2010 to just under 3 billion in 2019. While entities like Facebook, Instagram, Twitter, and Snapchat can serve as great outlets for users to share their latest life events and keep up with friends and loved ones, these platforms can potentially have a negative impact on a personal injury claim if those involved share too much. If you are an avid “poster,” you need to be cautious about what you share and how you convey information if you have been injured in an accident. No matter how private your profiles are, certain agencies will still scour the web to find material that can affect your claim. This material might not seem incriminating, but in many cases, insurance companies who are out to pay as little as possible for your claim will try to find evidence to prove that your injuries aren’t as severe as they seem. For example, let’s say you suffered a severe hip injury following an accident, and part of your claim is that you can no longer pick up heavy objects. If you harmlessly share a photo of you holding your child on social media to keep your family and friends updated on recent events, an insurance company might use the photo in an attempt to prove that you are aggrandizing the severity of your injury. HOW CAN FACEBOOK AFFECT YOUR CLAIM? “WHAT’S ON YOUR MIND?”

IN A PLANT’S DEFENSE

Many trees and plants are beginning to bloom, which means that they will soon have to ward off various predators. Most animals have a fight-or-flight response when faced with a dangerous situation, but plants can’t run or physically fight the dangers they face on a daily basis. However, what they lack in claws and teeth, they make up for in chemical and mechanical defenses. Many of us are familiar with thorns, prickles, and spines, which are all examples of a plant’s physical defense. But many other plants’ physical defenses are not as obvious. Trees protect themselves with thick, hard-to-eat bark, which is comprised of a natural polymer called lignin. Leaves are often coated in a natural wax, which deters most insects and pathogens. Some leaves have trichomes, which are sharp, hair-like features that stab or prick insects’ legs as they try to land or walk on its surface. Trichomes often also release toxins that can cause irritation and inflammation. Some plants contain microscopic, sharp crystals that puncture and inject chemicals into an animal’s mouth once they’ve bitten it. When a plant’s external defense fails, its internal protection takes charge. A plant lacks an immune system; instead, each cell is programmed to defend against any foreign object that comes in contact with it. If an insect or disease attacks the plant, the plant will thicken its cell walls with waxy plating, close its leaf pores, and kill off sections of itself to preserve the whole plant. Plants also have unique chemicals that are deadly to insects and microbes, some of which we use today as seasonings, medicine, or drugs. In addition to toxic compounds, plants can release hormones into the air that warn neighboring plants or even attract other insects to kill would-be attackers. THE INTERESTING METHODS THEY USE TO FIGHT PREDATORS EXTERNAL DEFENSES INTERNAL DEFENSES

To ensure that you aren’t negatively affecting your claim, you should take the time to consider how a post could potentially be used as evidence against you before sharing it online. Avoid posting specific information regarding the facts of the accident, any issues you’re having finding treatment for your injuries, or conversations you’ve had with your attorney. If all else fails, you might also consider deactivating your accounts until your case is settled. If you have any further questions or know someone who might need advice about their own potential case, don’t hesitate to give our office a call today! We care, and we want to do all we can to make a tough situation better.

If you’ve decided to plant a garden this year, take some time to find out which natural defenses your plants wield.

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WE BELIEVE THERE IS A MAJOR DIFFERENCE! BIKE CRASHES OR BIKE ACCIDENTS?

N ow that temperatures are on the rise, so is the number of cyclists hitting the roads. While choosing your bike over your car for your daily commute is beneficial for both the planet’s well-being and your own health, it can also increase the frequency of bike crashes. Here at Kramer Law Group, we refer to these incidents as “crashes” rather than “accidents” because they usually involve a motorist who is not following the rules of the road, which ultimately puts cyclists’ safety in jeopardy. To us, these are not accidents. Because attorney Ron Kramer bikes over 1,000 miles a year, he knows the struggles cyclists face when sharing the roadway with motorists. For example, motorists may disregard the 3-foot rule and drive too close to you while you’re on your bike, forget to look before making a left-hand turn and hit a cyclist on the sidewalk, or fail to make sure the coast is clear before opening their car door and “dooring” you or someone in your group. The sad truth is that many motorists are antagonistic toward cyclists and think its fun to honk or yell as they go by, intentionally cut in too close, or even “roll coal” with their diesel truck to smoke riders out.

not following the laws of the road. Unfortunately, there have been several cases where cyclists who have suffered a crash through no fault

of their own faced an uphill battle to even get their claim acknowledged by the legal system. Armed with this information, we work with cyclists to prove to the jury that they were following the rules of the road when the crash happened and that the motorist — the person who posed the greatest danger — is actually the one at fault.

Our team understands that these types of cases become complicated quickly, so if

you’re looking for a bicycle crash lawyer, make sure the one you hire understands the unique circumstances that go along with these types of personal injury cases. If you aren’t sure whether or not you have a case, give us a call to start your free case review.

That’s why we view all of these acts as negligent rather than purely accidental — many motorists are intentionally

TAKE A BREAK

OPENING DAY HAMBURGERS

INGREDIENTS

• 1 pound ground chuck, 80 percent lean • 4 soft, white hamburger buns, split • 4 1/4-inch-thick tomato slices • 12–16 pickle rounds • 4 small leaves iceberg lettuce

• 4 1/4-inch-thick yellow onion slices • 1 teaspoon vegetable oil • Salt and pepper, to taste • Condiments of your choice

DIRECTIONS

1. Lightly grease a small nonstick skillet with oil. Heat over medium-high. 2. While heating, gently shape meat into four patties 3 1/2 inches in diameter. Be careful to handle the meat as little as possible to prevent tough burgers. Season liberally with salt and pepper. 3. Sear patties on each side, about 1 minute per side. Reduce heat to medium-low and continue cooking until desired doneness, about 1 more minute per side for medium-rare, 2 more per side for medium-well. 4. Let meat rest for a minimum of 3 minutes. 5. To assemble, place patty on bottom bun and top with tomato, pickles, lettuce, and onion (in that order). Spread condiments on top half of bun and place on top of onion. Serve.

Inspired by Saveur Magazine

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KRAMER LAWGROUP UTAH PERSONAL INJURY LAWYERS

WWW.KRAMERLAWGROUP.ORG | 801.601.1229

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INSIDE THIS ISSUE

1 2 2 3 3 4

More Tickets, More Bald Tires

An Unmoving Defense

How Can Facebook Affect Your Claim?

Bike Crashes or Bike Accidents?

Opening Day Hamburgers

Never Judge a Dog by Her Size

SMOKY THE WORLD WAR II CANINE HERO

YORKIE DOODLE DANDY

C onsidering the stress of combat, it’s no wonder various bully breeds are well-acquainted with the battlefield. But in World War II, the most famous military dog weighed only 4 pounds and stood a mere 7 inches tall. Smoky the Yorkshire Terrier wasn’t exactly what most people associated with Shakespeare’s “let slip the dogs of war,” but her small size is part of what made her such a hero. military dogs tend to be tough breeds known for their size and strength. German shepherds, boxers, and

Smoky’s most famous act of heroism occurred when she went where no man could go at an air base at Lingayen Gulf, Luzon. The engineers needed help, so Wynne tied a strand of telephone wire to her collar and Smoky ran through a 70-foot-long pipe in a matter of minutes. Without Smoky, it would have taken three days to lay the wire. Her work kept over 250 ground crewmen and 40 fighter and reconnaissance planes out of danger from enemy bombings. In addition to saving lives on the battlefield, Smoky is also considered to be the first recorded therapy dog. She learned a number of tricks to cheer up troops and would visit injured soldiers at the hospital in New Guinea. After World War II, Smoky and Wynne visited veteran hospitals across the United States. “Corporal” Smoky lived for another 10 years after the war before dying on Feb. 21, 1957, at approximately 14 years old. Wynne would go on to write a memoir about his time with Smoky titled “Yorkie Doodle Dandy.” Almost 50 years after her death, a life-sized bronze statue of Smoky was erected at her final resting place in Lakewood, Ohio. Her statue is dedicated to the bravery of all war dogs, and it is a reminder that heroes come in all shapes and sizes.

In 1944, after being discovered beside a foxhole in the jungles of New Guinea,

Smoky met Corporal William A. Wynne, an American soldier from Cleveland,

Ohio. The two quickly became inseparable, and she stayed by

Wynne’s side the entire time he was stationed in the South Pacific. Smoky is credited with going on 12 combat missions, surviving 150 air raids, parachuting 30 feet, and earning eight battle stars. Smoky’s sensitive hearing allowed her to alert Wynne and other soldiers of incoming air raids.

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