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Car Accident
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(877) 880-4090Maybe you’re on your way home after a long day at work, or you’re traveling to visit a relative in a nearby city when it happens: The crunch of metal and a sudden, jarring stop. Whatever the circumstances, when you’ve been in a car accident, you must take some vital steps right away to protect your health, safety and long-term economic security.
If you’re reading this article in the immediate aftermath of an accident, your priority must be your physical safety. Check yourself and your passengers for visible injuries. If you can safely exit the vehicle, do so, but do not move any injured persons unless there’s an obvious fire risk inside the car. After contacting 911, your next steps depend on the setting and circumstances of the accident.
Immediately contact emergency services to ensure that you and your passengers receive the necessary medical care. No matter who is at fault for the accident, first responders must evaluate, care for and document any injuries. The police will document the situation and property damage and obtain statements from witnesses. This step also provides documentation for potential personal injury claims. Utah requires you to contact the police immediately after an accident so they can investigate and file a complete report.
It can’t be stated strongly enough that your safety in the event of an accident is paramount. Do not move your car if you or someone in your vehicle is seriously injured. Moving your vehicle may exacerbate injuries and compromise crucial physical evidence. On the other hand, if there are no injuries, follow these procedures:
While you wait for authorities, you can collect details about the incident. As long as you’re in a safe place and physically able to do so, start gathering documentation for the insurance company by taking photographs of the following:
Additionally, make a note of and note information about the time and circumstances of the collision. What were you doing in the moments before the accident? What was your direction of travel and driving behavior? Get the contact information of any potential witnesses still on the scene. Finally, exchange contact and insurance information with the other driver or drivers.
Call your insurance company while you’re still on the scene. The situation will still be fresh in your mind at the time, and getting in touch quickly means you can get the claims process moving more quickly. Additionally, if you have tow coverage, they can send help right away and get your car to a collision center.
Automobile accidents, regardless of the level of severity, can be deeply upsetting. Unless you need emergency medical care and have been transported away in an an ambulance, contact a trusted friend or family member to retrieve you from the scene. If your car is drivable, assess your mental state and determine if driving yourself away from the scene is advisable. If emergency personnel feel it’s unwise for you to get behind the wheel, take their advice and call someone else for a ride.
According to state insurance law, drivers in Utah must purchase a minimum level of insurance. This minimum, often abbreviated to 25/65/15, means you must carry liability coverage for the following:
These basic coverages protect third parties and their property when you’re involved in an accident, while the required $3,000 personal injury protection covers your medical expenses.
In a no-fault state like Utah, your PIP pays for your medical expenses, regardless of who is at fault for the accident. If you have excess medical expenses or extensive non-economic damages such as pain and suffering or loss of earning capacity, you may be eligible to pursue a claim against the other party’s insurance company for damages.
Deciding to file a lawsuit after an accident involves a number of important considerations, particularly if the circumstances of the accident are unclear or if serious injuries or fatalities occurred. An experienced attorney can evaluate your situation to determine your legal options and help you determine your best path forward.
The legal definition of negligence is when one party fails to maintain a “duty of care” for another party. Common instances of negligence in car accidents include distracted driving, excessive speed, reckless driving and fatigued driving. Passengers may also be considered negligent if they engage in behaviors that interfere with a driver’s responsibility to attend to the road. For example:
In Utah, when you bring a lawsuit against another party, the courts abide by the modified comparative negligence rule. Modified comparative negligence means that, if you bear 49% or less of the responsibility for the accident, you may make a claim for compensation of medical and property damages not covered by your insurance.
However, your award will be reduced by the percentage of your responsibility. For instance, if you’re claiming $40,000 in damages, but the jury finds that your actions, or those of your passenger, contributed 25% to the accident, your award will be reduced by $10,000. The state doesn’t mandate any empirical methods for determining fault in an accident, but your attorney negotiates with all involved parties to achieve a fair resolution to your claim.
While a lawsuit is not appropriate in all cases, sometimes a legal case is the only way to obtain just compensation for the victim of an accident. You and your attorney will discuss the reasonability and viability of your legal situation, especially in terms of the value of your case balanced against the expense and potential results. Your legal team may consider pursuing a lawsuit if they believe:
At Fielding Law, we help you navigate the complexities of insurance claims and settlements so that you can focus on getting better. We can determine whether bringing a lawsuit is in your best interest, and we offer free case evaluations before you make a decision. Contact us today to get started.