After a Utah Car Accident: The Value of a Police Report

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Let’s say that you’re driving to an appointment down a busy surface street and for a reason unknown to you, traffic comes to a stop.  While you’re waiting for the cars to begin moving again, the driver of the vehicle behind yours notices the slowdown a little too late and screeches to a halt.  Unfortunately, despite the fact that he slammed on his brakes, he still ends up rear-ending your car although the damage is, in your estimation, not too bad.  Owing to the backup in traffic, the fact that you’re in a hurry, and that the damage appears to be minimal, should you call the police?

The answer is yes, you should call the police despite thinking you shouldn’t.  The “minimal damage” scenario is the most common reason we hear when we learn that the police weren’t called to the scene of an accident.  Basically, people don’t call the police because they think that their accident is not worth the officers’ time.  We respectfully disagree.  Calling the police to the scene of the accident will help you later because the report that is generated lists all of the parties involved, verifies insurance coverage, describes the accident conditions, and often designates the at-fault driver(s).

Who was involved?  A police report is a document where all of the information about an accident is recorded.  The investigating officer(s) will gather the names, ages, and contact information of each person—including passengers—involved in the crash.  If witnesses are around, they may be interviewed and often are asked to fill out a separate witness statement wherein they write what they observed.

Obtaining verification of driver license and insurance coverage is another reason to call the police.  As the officer gets the names and contact information of each of the involved parties, he or she also verifies that each driver has a valid driver license and the required automobile insurance.  If the investigation reveals that someone’s license is not valid or a vehicle is not properly insured, appropriate action and penalties are initiated by the officer.  The license plate and Vehicle Identification Number (VIN) of each involved car are also recorded in the report.

A description of accident conditions is yet another valuable result of having a police report.  Not only does the report give a description of the vehicles, but it also is the repository of specific facts about the accident.  For example, the police report includes documentation of weather and road conditions, road hazards, the date and time of day that the accident took place, the speed limit, and the estimated speed of the vehicles involved at the time of impact.  The report further has a place for a diagram of the accident scene.  The officer can manually draw out the scene and include a caption of the description of the accident below the diagram.  This description essentially becomes a synopsis of the events leading up to the crash; it also shows a diagram of where the vehicles involved came to rest after impact.  Sometimes photographs are taken by the officer at the scene and those, too, are included in the police report.

Who was the at-fault party?  Most of the time the police report description assigns fault to a specific party or parties.  If specific traffic laws were violated, they are listed and a description is given as to who was cited or given a ticket for causing an accident.  These valuable details are considered by insurance adjusters when determining liability.

 We recommend that you get a copy of the police report after an accident and keep it for your records.  It is usually available from the police or highway patrol department five to seven days after an accident.  You will be charged a small fee for the copy.

If you or someone you know was involved in a vehicle accident and needs help obtaining a copy of the police report, contact our office at (435) 673-9990 for a free consultation.  We are familiar with the importance of this document and can order one for our clients.

At McMullin Injury Law we are… In Your Community and On Your Side.

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Picture This: The Value of an Accident Scene Photograph

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You’ve probably played the memory game where you look at a group of objects on a tray for a minute. When the tray is taken away, you are supposed to write down every object that you can remember.   If there are a substantial number of objects, it’s unusual if someone can remember and name all of them.

In a similar way, the details of a car accident can quickly be forgotten.  At our office, much of our work involves documenting the facts of accidents, and that is why we recommend taking pictures at the scene of an accident whenever possible. Photographs show elements that may have been overlooked, but could strengthen a client’s case.

Who uses the pictures from an accident?   Accident scene photos are used by insurance adjusters, investigating officers, attorneys, and accident reconstructionists.  For starters, property damage adjusters use photographs to keep a record of vehicle damage.  Liability adjusters often use photos to compare the amount of vehicular damage to the severity of injuries made by a claimant.

Sometimes investigating officers will take pictures at the scene of an accident.  When pictures are available, our office will order copies of those pictures from the police or highway patrol departments.  In addition, attorneys for all involved parties rely on photographs to help piece together the facts of an accident.

If the situation warrants, we use accident reconstructionists—trained professionals hired to answer questions usually about the mechanics or physics of an accident.  They also use photographs in their investigations and we supply them with any and all photographs to aid in the reconstruction process.

What are the uses of the photographs?  Pictures from an accident scene also reveal other factors that may have contributed to an accident. For example, they can show road conditions at the time of the accident.  Were the roads icy?  Wet? Dry? Pictures reveal weather conditions, too.  Was it raining or snowing?  Sunny or foggy?  Finally, pictures document the time of day.  Did the accident happen in the morning or night?  Was it broad daylight or dusk?

It’s important to take pictures at the scene especially if there are conditions that could change after the accident.  For example, road hazards such as potholes or debris may be remedied shortly after an accident so it is best to take pictures at the time, if possible. If you go back later, the scene may look different because the condition that may have contributed to the accident may have been fixed.

Keep a camera with you.  Although the law does not require that you take pictures of the scene of an accident, we recommend that you keep a camera with you when you travel.  We recognize that most people carry cell phones with built in cameras, but in the rare event that a person does not have a camera available, please come to our office to pick up your free Accident Survival Kit.  This compact vinyl case contains a disposable camera.  The kit is designed to fit in a glove box and will also hold your insurance documents so you can easily retrieve them when necessary.  It also includes a checklist of what to do after a crash.

If you’re involved in a car accident, take photographs of the scene, the vehicles, the roads, and any other factors that you think may be important.  It is so much easier to have a picture instead of having to remember details about an accident that can be easily forgotten.

Bring your photographs to our office.  If you or someone you know has been involved in a car accident, contact our office at (435) 673-9990 for a free consultation.  Bring your pictures, too.  Our expertise in personal injury law can help you get your questions answered and show you what options are available to you.

At McMullin Injury Law we are… In Your Community and On Your Side.

Texting While Driving in Utah is Against the Law

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A terrible northern Utah accident in 2006 occurred when 19-year-old Reggie Shaw was sending and receiving texts while driving to work.  Because he was distracted, his car veered over the yellow line, clipped an oncoming car and sent it spinning into the path of another vehicle. The resulting impact immediately killed two men who were commuting to work.   It was because of this accident and the investigation that followed, that the Utah State Legislature ultimately wrote one of the strictest laws in the country against electronic communications being sent or received by people who are driving.  To his credit, after completing his court-ordered sentence, Mr. Shaw began actively educating as many as people as possible about the dangers of texting and driving.
More recently, just this month Aaron Deveau of Haverhill, Massachusetts was the first person in that state to be convicted of causing a traffic death while texting.  Deveau was sentenced to a year in jail and his driver’s license has been revoked for 15 years. To read about this, go to:  Massachusetts teenager guilty in texting while-driving fatal crash gets year in jail.
At McMullin Injury Law we inform all drivers that under Utah law, the penalties for texting and driving are severe and punishable by fines, suspension of license and possible incarceration of varying lengths of time depending on the details of the accident. The specific Utah code prohibits using a handheld wireless communication device for text messaging communication while operating a moving motor vehicle.
At our law firm, we represent people who have been hurt in accidents caused because of the negligence of another person or party.  We remind you to refrain from texting while you’re driving and that you share this message with your friends and family members—especially your children who drive.  Texting while driving in Utah is against the law.
If you or someone you know has been injured in an accident that was caused because someone else was texting while driving, contact our office.  We will meet with you free of charge to tell you if you have a case.

What to Do if You’re in a Traffic Accident

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The majority of our work at McMullin Injury Law involves helping people who have been injured in car accidents. Our goal is to simplify the personal injury claim process thereby taking pressure off of our clients so they can concentrate on healing.
Occasionally we learn that people choose not to call the police after a car accident because they don’t think that there’s really any damage, or the other driver tells them not to.  Not calling the police usually ends up causing problems because insurance companies rely on the police report for verification of facts about the accident.  After any accident, it’s important to call the police if for no other reason than to make sure that there is an official police report that documents the accident.
Regardless of the severity of the accident, there are five things to do when you’ve been involved in a traffic accident.  Just remember CRASH:   Call, Record, Ask,State, Hazards
Call 911—request that police come to the scene even if the accident was minor.  If there are
     known injuries, also request an ambulance.
Record in writing the name, address, phone number, and automobile insurance company of
     each driver involved.
Ask for witnesses and get their contact information.
State only the facts when discussing the accident with the police.  Do not sign any documents
    unless requested by the police.
Hazard lights—turn them on (if possible) to alert other drivers.
We urge you to share these five steps to handling a traffic accident with your family and friends so that you and they will know what to do in the event of a traffic accident.
If you or someone you care about has been in an accident, call our office at (435) 673-9990 as soon as possible.  We have handled hundreds of personal injury cases across Utah and Nevada including St. George, Cedar City, and Mesquite, Nevada.  We will meet with you personally to discuss your case and answer your questions.  There is no charge for this consultation.  In fact, because we work on a contingency basis, we do not get paid unless we resolve your claim.
At McMullin Injury Law, we are…In Your Community and On Your Side.