Andrew Spainhower

Top 5 Most Common Causes of Car Accidents

Top 5 Most Common Causes of Car Accidents

People cause accidents in many different ways, but typically the cause can be categorized into a few basic careless mistakes that even good drivers make from time to time. Being aware of the increased probability of a collision that these actions create can help drivers prevent dangerous and expensive consequences. These top five mistakes are common among the best of us, but are easy to avoid. A little extra time and focus can save a lot of money, stress, and likely even save a life.

  1. Distracted Driving

    One of the most common causes of serious accidents is distracted driving. Distracted driving may also be the most common cause of all accidents in general. Distracted driving accidents are serious because when a driver is not focused, he or she is not able to slow before a collision, while a focused driver might be able to slow enough to decrease the impact of the crash. Some of the more common forms of distracted driving are texting while driving, making a phone call, or using a cell phone in any way. In Utah, the new cell phone law says that use of your cell phone that requires the use of your hands while driving is illegal. To clarify, scrolling social media, surfing the web, or sending a text are clear violations of Utah law and prime examples of dangerous distracted driving behavior. However, use of a Bluetooth device, brief or hands-free use of GPS, or voice-activated features are allowed while driving in the state. There are numerous other ways a driver could be distracted while driving: eating while driving, getting distracted by something on the roadside, attempting to multitask during a commute, or a passenger causing a commotion in the vehicle.  If a driver is distracted by anything inside or outside the vehicle, their reaction time is severely compromised, potentially leading to serious accidents, injury, and expense. A phone call or text might seem urgent at the moment but is never worth the risk. Being a focused driver can be difficult, but it makes a big difference in your safety and the safety of those around you. It is wise to practice observing objects at a distance as you drive, or try talking out loud about what you see and how you are reacting as a safe driver. Such mindfulness practices can make focused driving a little easier.

  2. Shooting gaps

    The roads can often get quite crowded and busy in St. George and other Utah cities such as Cedar City, and people often grow impatient and try what is referred to as “shooting a gap,” or darting their car out into traffic while changing lanes, merging, or turning, although there is not actually sufficient time or distance. This is a very common misstep and an unsafe alternative to waiting for a larger clear break in traffic before making a safe maneuver. Shooting gaps can be especially dangerous when a driver is making a left-hand turn, whether at an intersection or from private property out into a main road or highway. Left-hand turns are generally the most dangerous turns to make because they often require a driver to cross a higher number of lanes of moving traffic to make the turn than a right-hand turn does. Left-hand turns that are rushed and poorly judged cause accidents that can happen at stop signs, traffic lights, or simply while a driver attempts exiting a parking lot. Often drivers may misjudge speeds and distances of oncoming vehicles. If a driver pulls out in front of an oncoming vehicle close enough, according to the Utah law, “so as to constitute an immediate hazard,” then that driver will be at fault for the accident, not the driver that could not stop in time to avoid the collision. The driver “shooting the gap” will be cited for a collision in such a case. A driver passing on the main roadway or highway has the right of way and must be allowed time and space to safely make their way through. Additionally, the driver traveling straight has the legal right in the state of Utah to assume that other drivers will not pull out or cause a hazard in the roadway front of them. Hence, pulling out in front of another driver or “cutting them off,” without giving them time to slow down and avoid a collision puts you at fault for an accident. Whether the driver traveling straight has time to slow, or hits the other vehicle at full speed, the vehicle “shooting the gap” will still be at fault for the accident, by way of causing an immediate hazard in the roadway. It is best practice as a safe driver to wait patiently for large, generous gaps in traffic before pulling out to turn or merge. Patience can help drivers to steer clear many dangerous and avoidable accidents and injuries.

  3. Speeding

    Speeding creates circumstances in which the severity of accidents that occur is heightened considerably, and perhaps more importantly, speeding delays the time that people have in order to respond to one another’s actions in traffic. Speed limits are put in place on roadways for a reason; the specified speed is determined to be safe for the conditions that are typically present on that particular road. Utah law actually dictates that drivers must drive at a reasonable speed for the current road conditions, with the marked speed limit set as an absolute maximum. For example, in construction zones, heavy business traffic, limited visibility, inclement weather, or other dangerous conditions, a driver may not legally assume that he or she can always drive at the speed limit as posted automatically. Drivers are legally required to slow down and observe hazards in the roadway before proceeding at a cautious speed. If a driver is traveling at a speed faster than reasonable for the conditions of the road, he or she creates danger for everyone around, including passengers, pedestrians, and other drivers. If one driver stops suddenly in front of another driver, the second driver will need time to react quickly. In addition, drivers in the proximity of one another might reasonably expect each other to be driving more slowly according to the speed limit, and then one driver could cut another driver off inadvertently, causing injury or accident to one or both parties. Speeding can often cause, and ultimately worsen, many different types of dangerous scenarios and collisions.

  4. Cutting it too close at stop lights.

    Accidents at traffic lights can be very severe and traumatic, causing brutal damage to vehicles and patients. Vehicles are often t-boned in intersections on major roads, causing serious injury, or perhaps even fatality. This occurs when the front end of one vehicle collides with the driver- or passenger-side door of another car, directly where a person is positioned in the vehicle. These particular types of accidents can cause major damage and injury, even if the impact is not necessarily great, simply because of the proximity of the impact to the position of the driver or passenger sitting in the car. Accidents at intersections are sometimes caused by distracted driving, leading a driver to run a red light. But oftentimes, the driver is not distracted at all, but instead, trying to speed through a yellow light and avoid stopping at the intersection altogether. When this happens, things typically play out the same way each time: a light turns yellow, and an approaching vehicle speeds up instead of slowing down as they come to and travel through the intersection. In the seconds that follow this vehicle’s acceleration, the traffic light may turn red, and the crossing traffic may begin to proceed into the intersection, and that is exactly prime time for a dangerous accident to easily occur. One helpful tip here for defensive driving is to treat a green light as you would a stop sign and take a quick glance in either direction to make sure the roadway is clear and that traffic is stopped completely on both sides before you proceed to cross the intersection. This tip applies especially if the light has only just turned green. Checking the intersection in this manner before proceeding at a green light can prevent a great number of accidents, as can slowing and stopping each time you approach a yellow light. As long as you can safely stop in the remaining distance before you reach the intersection, you should always stop when a traffic light turns yellow.

  5. Following too Closely

    The number one most common type of accident on our roadways is a rear-end collision. Rear-end collisions can be caused by a combination of other common causes of accidents: sometimes a driver is distracted while driving; sometimes a driver is speeding; and sometimes a driver is following too closely for the conditions of the road. In short, this means the driver does not leave enough space between their vehicle and the vehicle in front of them, in order to safely see the conditions ahead of their car with enough time to react in case of a hazard. Each driver needs enough space in front of their vehicle to respond to emergency conditions by slowing in time to avoid a collision. It is wise to remember that you always want to follow the vehicle driving ahead at a safe distance, specifically by leaving at least three seconds between your vehicle and the one ahead of you, in cases of perfect driving conditions, according to Utah driving law. However, it is equally important to keep in mind that for added interfering driving conditions, such as rain, snow, fog, construction, heavy traffic, or even stress, Utah law actually requires drivers to create an additional one second of distance for each hazardous or distracting condition. These laws are in place to allow drivers the likelihood of having enough time to slow and stop in the case of a hazard in the road that may cause an accident, particularly a rear-end collision. If you do have the misfortune of causing a rear-end collision, it is very likely that you will be cited for following too closely, and perhaps even other traffic violations as well. Although there may be other external reasons that the rear-end collision occurred, the citation for following too closely is somewhat of a default. However, you may have been able to stop had there been more distance when those other outside complications or hazards arose in the roadway or traffic. In almost every case of a rear-end collision, a driver is cited for following too closely, and these accidents are all too common even for the most experienced drivers.

These are the five most common causes of car accidents. By being aware and avoiding these common pitfalls and mistakes, you can be a safer driver.  Hopefully, you will be able to take comfort in knowing that a few simple tweaks to your driving habits can keep your loved ones safe, your driving record clean, and your hard-earned money in your pocket.

car fixed after crash

5 Tricks to Get Your Car Fixed After A Crash

5 Tricks You Should Know About Getting Your Car Fixed After A Crash

After a crash, where do you start? How do you make sure to get your property damage claim handled properly and make sure you are not taken advantage of by the insurance company? You do have options when making a claim and getting your car fixed that you may not even be aware of. The purpose of this article is to educate you about at least 5 tips that you could benefit from when you need to use your auto insurance. As an insurance consumer, there are things that you should know about how to get optimum benefits from your auto insurance after a crash. Car Insurance coverage is a service that you pay for each month but you rarely ever use, so most of us are not experts.

As a personal injury attorney, I handle hundreds of car accident claims per year. Here are 5 tips I’ve picked up over the years: (all 5 of these tips are described in full detail below).

          1. You can choose which insurance company to use.

          2. You can pick the auto body shop of your choice.

          3. You can choose whether to fix the car, or keep the money. 

          4. You can choose to keep the car after a total loss or not. 

          5. You do not have to accept their offer. 

#1 You Can Choose Which Insurance to Use After a Crash

You can choose which insurance company to use if you are not at fault for the accident. So if somebody else is at fault, you are going to have a choice about which insurance company you are going to go through to get your car fixed. There are pros and cons to each one. You could go through your own insurance company. You are paying for that insurance and they have a contract to provide you with coverage. If you have comprehensive and collision coverage on your vehicle, you have been paying for that every month. However if you only have liability coverage on your vehicle, you will not have the choice. You will have to go through the at-fault driver’s insurance.

If you go through your own, they owe you through what is outlined in your insurance policy. This means that your deductible will apply. Most people have a $500 deductible on their policy which means that your insurance will pay the total cost of repair to your vehicle minus the deductible amount.   The deductible amount of $500 would be your responsibility. So the proof going through your own insurance is that it is a little quicker and little easier because there is no question about liability before the claim is paid. The con is that you have to pay the deductible.

When you go through the other parties insurance, they will need to make a liability determination first. If their insured admits that they were at fault, it make things a little quicker, but if they don’t then you have to wait for a police report and a recorded statement. This process may take a week or two for the other insurance company to admit that they are at fault for the accident. Once they do though the advantage is that now you don’t have to come up with the deductible. They owe you money to fix your car through tort. A tort is a civil wrong that means when we don’t have a contractual relationship but one person owes a legal duty to another, that is a tort. So when you go through the at-fault insurance, it takes longer but there is no deductible.

However if you do go through your own insurance, when it is determined that you are not at-fault, your insurance company will reimburse you the amount of your deductible. This happens because the at-fault insurance company has paid your insurance company back the amount that they paid for your expenses. Some people might ask, “Why would I go through my own insurance company? This will cause my premiums to go up.” Premiums go up based on fault. The insurance company is trying to assess future risk. They don’t go up based on claims. If you make a claim and you are not at fault for the accident, your insurance will likely not to go up. That’s because your insurance company is going to get back all of the money they paid out for you from the other company. If you have a good insurance company often times you can ask them to front the deductible, in other words, you would not be “loaning” the amount of the deductible for the repairs because they will get that money back anyway. Car accident attorneys can explain this idea for fully if you call 435-673-9990.

Car Fixed

#2 You Can Choose Which Shop to Use

Often times, the insurance company that you go through has a preferred auto repair shop that they use. They may have two or three options and they will give you the name and address of those shops and recommend that you use them. You can choose to use their suggestion but you don’t have too. It may be the quick and easy thing to do because the shop is used to working with your insurance and they are familiar with their way of doing business. For this reason, this shop is motivated to keep costs down to please the insurance company. Often these shops are reputable companies and they do good enough work because the insurance company doesn’t want shoddy work but they are definitely motivated to give the lowest bids possible to keep getting future work coming from that insurance company. You do have the right to take your car to the shop of your choice however, the insurance company may require that the repairs are fixed for the same amount that their shop bid or that their adjuster bid.

Some insurance companies may require that you obtain bids from three different shops for the repairs and then they will approve the median amount. If this is the case, once you have the bids, you can take the car to the shop you choose but they will need to complete the repairs for the approved amount. St. George Utah lawyers can provide more information if you call McMullin Injury Law. The insurance company owes you more than just the cost of repair. They also owe you cash for the amount that your car has depreciated due to the accident. In Utah, this is called diminution in value damages. For more on that, click here.

#3 You Can Choose to Fix It or Not

You can actually choose to fix your car or not. If your car is not totaled but it is damaged, but you prefer the cash rather than the repair, you have that option. Let’s say your car has $2,000 worth of damage but it is still drivable and the cosmetic issue isn’t something that bothers you. You can opt to take the money and not have the repair done. They owe you that money whether you get the car repaired or not. You could also have a bid from a shop that is high and then take the car to a friend or someone that will do the work for much less and then pocket the difference. That is your choice. If you do decide to take the money and not get the repairs done, the insurance company may exclude that portion of your car from any future repair in case another accident were to occur and damage the same area of the car. Another fact to be aware of if that if you have a lienholder, or lender, on your auto then you will probably need to get the repairs done. If you do not, you may encounter a problem when you try to sell the car. Body damage causes the value to go down and may actually cause you to be “upside down” on your auto loan. Meaning you owe more than the car is worth.

If you own the car free and clear you certainly do not have to make the repairs as long as the car is safe and can pass inspection. If the car is older and the damage incurred is minimal, you may consider not even turning a claim in. If the amount of damage is below your deductible amount anyway and the accident is your fault, there is no need to contact your insurance company to get your own car fixed. However if you caused damage to another car, you will definitely need to make a report to your own insurance.

#4 You Can Choose To Keep the Car or Not

If your car is totaled in an accident, you can choose to keep the car or not. What this means is that if your car is damaged and the repair estimate comes back higher than the value of your vehicle, then the insurance company, whether it’s the at-fault company or your own, has the option to pay you value of your vehicle. They can do that, it is their option. If they do choose to do that, they will run an evaluation, or a fair market analysis, and come back with a value and make you an offer. They may or may not be low on that offer and you may have to negotiate with them as well and prove that the car is worth more. For instance they may not have considered that your car has very low miles or you had made special upgrades to it that made its value go up. But that’s not the point, the point is whether or not you want to keep the car. Let’s say your car is worth five grand. They are going to pay you five grand but maybe that car can still run.   Even though it is totaled and even though it has major damage it can still get around. Or maybe you want to take the tires off of it or salvage the parts. Whatever that reason might be, you have the right to keep it. You can have the insurance company deduct their salvage value from their offer. So if their offer is $5,000 and their salvage value is $500, they would give you a check for $4,500 and instead of them picking the car up, you would keep the car. Keep in mind that if you plan on driving the car, it will need to be able to pass inspection and be insurable. Your own insurance company would probable exclude the existing damage from future comprehensive or collision coverage unless the repairs are made at some point. Personal Injury lawyers in Cedar City can provide more information.

#5 You Don’t Have to Accept Their Offer

This goes back to a total loss of your vehicle. Just because they say they figured out your car is worth $4,000 and they will send you a check in the mail, doesn’t mean that you have to accept that amount. That is not the end of the discussion. You have to agree. You are making a deal where both sides need to agree on what your car is worth. If they are offering you $4,000 and you think your car is worth more then you will have to go through the effort of proving how much your car is worth. Facts that could affect the value of your car would be details like extremely low mileage, upgrades by the manufacturer of yourself, custom paint jobs or limited edition automobiles. Any of these factors could increase the value of your car and the insurance company needs to be aware of them. If you have brought these details to the adjusters attention and the final bid is still too low, then you could contact a local attorney and they could help you figure out how to provide proof of the value of your car.

This article has discussed some facts that will enable you as the insured to negotiate wisely on your behalf. Being involved in a car accident is inconvenient and troublesome but knowing these facts can hopefully relieve some of the stress that accompanies the whole process. You can choose to use your own insurance company or the at-fault drivers. You can choose an auto repair shop that you feel comfortable with. You have the option to fix the damage to your car or keep the money and not fix it as long as it is safe to do so. If you car is totaled, you can keep the car if you want to. And finally if the offer for the repairs or total price of the auto replacement comes back too low, you don’t have to accept it. If you can prove that the settlement amounts are too low, they can be adjusted. If you need counsel in any of these areas, a qualified personal injury attorney can answer your questions. And the good news about that is that most PI attorneys offer an initial consultation for free. This makes it easy for you to get your questions answered.

To see our full list of free advice topics relating to car accidents, click here.

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5 common mistakes made after an accident

Top 5 Mistakes Made After a Car Accident

Top 5 Mistakes made at the scene of an accident

Andrew Spainhower, attorney at McMullin Injury Law, offers 5 helpful tips on how to avoid making crucial mistakes at the scene of a car accident.

This article is  going to focus on possible mistakes that you could  make that can potentially mess up your ability to be compensated after an accident.  The purpose of this article is to help you avoid that as well as increasing your knowledge about basic steps to take after an auto accident.

Obviously, the very first things you do after an accident pertain primarily to safety.  Check on yourself, check on the other passengers in your vehicle, attend to anyone that needs medical attention, attend to the people in the other vehicle and any injuries they may have suffered, call 911 and get ambulances on the way if needed and get people out of harm’s way and into a safe situation.  Remember not to move someone who is unconscious or seems to have head or neck injuries unless there is imminent danger of further hazard to them.  They will need to be moved by a health care professional as soon as they arrive at the accident scene.   It is wise to leave the autos involved in the accident in the position they came to rest at impact until the police arrive.  If the automobiles involved are blocking traffic and are causing serious hazard and you can take pictures before moving them at the scene, you could move the cars to a safer place. However, it is best to leave them as they are if all possible.   Also, never leave the scene of an accident until everyone is attended to and information has been exchanged by the driver’s involved.  Leaving the scene of an accident where someone has been hurt or even worse killed, could result in serious criminal charges.

Those are obviously the emergency response actions that you are going to want to take immediately after an accident and they will take precedence over anything else.  Fortunately, in most auto accidents, the injuries are not very serious. People are often involved in car accidents that result in some pain and or injury, and property damage but fortunately, they are not life and death situations.  In these cases, after the emergency response actions have taken place, some of these secondary actions can become part of the process of handling the accident.  These actions are important because the failure to do them can certainly affect you and the outcome of your personal injury claim.

  1. Failing to Call the Police

So once you have verified the safety of the occupants in the vehicles and gotten your vehicles to a safe place if necessary, the first thing you are going to want to do is notify the police.  You always want a police report created after a car accident especially where there is significant property damage or any type of physical injury. Ask for a police report to be filled out.  An official report tends to lock people in to their story of what happened and people generally tell the truth during those initial statements.  It is advantageous for both parties to have a record of the incident.  The police report also contains pertinent information that you will need from all involved parties as you deal with the paperwork and claim process from the accident in the future.  Other information included in this report will be the responding officer’s name and badge number as well as the address of the location of the accident.  If an officer is not able to respond at the scene of the crash then make sure that you collect personal information such as names, addresses  and phone numbers from all driver’s as well as passengers involved. Remember to remain calm and polite when dealing with everyone at the scene for this will be helpful to everyone.  As you are exchanging driving and insurance information, be careful not to apologize as this could potentially be construed as admitting legal liability and it may not be clear as to who is at fault immediately after the accident.  It would be best to not admit fault unintentionally at this time when emotions are running high. There will be time to tell your full, true account of the accident to your insurance adjuster as well as your attorney.

  1. Speaking with the At-fault Insurance Company

If the first phone call that the other person made was to their own carrier and they want to put you on the phone with their insurance immediately, it’s probably not a good idea. They will have two important questions that they will ask you.  What happened? And is anyone in your car injured?  You need to be wary because you may be in pain, shock or still processing what even happened because it all happened so fast.  Also, they will likely mention that your conversation will be recorded. Insurance claims adjusters are trained in ways of advancing the interests of their company and getting you to say something that will help them and may come back to hurt your case  later. Their main job is to keep costs down and settle the case quickly.  They will be trying to find facts about how the accident occurred, your present injuries, as well as past injuries that can be used to reduce or deny your claim.  They will also be considering a percentage of liability.  It would be possible for  the adjuster to determine that an accident was not 100% their clients responsibility. For example,  a 70/30 liability settlement could be offered.  This would mean that one party is responsible for 70% of the expenses and the other party for 30%.

You are not required to make a statement to them without either speaking with an attorney or your own insurance company.   You can politely state that you will need to speak with your attorney or your own insurance carrier first and then give the other driver your insurance information.   Take the time to seek counsel before you make a recorded statement to the at-fault insurance company.  Many cases have been lost because of that initial statement recorded at the time of the accident.

  1. Failing to Take Photos

Fortunately, with the cell phones that we have today, it is very easy to effectively document a car accident. A photograph can provide crucial evidence for your personal injury case.  If you can safely take photos of the cars in their resting positions after the crash before anything has even moved, that would be ideal.  This will be helpful as far as proving exactly how the accident occurred and the contributing conditions and circumstances surrounding it. These pictures will be your proof as to who the at-fault driver was.  As you take them, consider what images will be necessary to provide a visual of what took place.  What will the adjusters need to see in order to determine which driver was at-fault?  Remember, you cannot take too many photos.

Besides taking pictures of the accident scene, you can use your camera or phone to take photographs of the insurance card of the other driver, as well as his license plate and his driver’s license.  You should definitely take pictures of damage to all cars or property involved in the crash as well as any injuries that are visible on you and the passengers involved in the auto accident.  Remember to take pictures of anything that might help to document the details of your accident such as skid marks, debris, weather conditions, traffic signs, etc. It may even be a possible to record a video of  you speaking with the other driver at the scene of the accident. This would be extremely valuable,  especially If they are admitting that they were at fault for the accident or they are acting incoherent or irrational by saying things that don’t make sense.  It would also be really helpful to record the testimony of any eye witnesses to your accident as well.

It should prove very helpful for your case to have those recordings later should you need them to prove your case.   If it becomes necessary to move your cars before you can take pictures of the impact, it is still important to take pictures of all the factors that you can.  These pictures may still be helpful for the adjusters to determine fault and help your attorney proceed on your case.

  1. Failing to Get Contact Information for Witnesses

With or without a police report, eye witness testimony is what matters most as far as the finder of fact eventually deciding what happened in your accident and who was at fault.  Even if the police decide to site you, if both of the eye-witnesses say something contrary and that the other driver was at fault, you are still likely to win the case.  The police are secondary opinions because they don’t actually watch the accident occur.  They draw some reasonable description based on events that were described to them by eye-witnesses that were there including yourself and the other driver. However, the testimony of yourself and the other driver is often called bias because both of you are describing the events and circumstances of the accident in a way that sounds good and helps yourself.  So a testimony from an eye witness, someone who is neutral and doesn’t know either one of you is the most powerful piece of evidence that you can have in an auto accident case.  So you want to reach out to people before they leave the scene even if they can’t wait to talk to the police.  Get their name and phone number so that you can contact them later and get them to just write down a short description of what occurred.   It may also be helpful to ask locals such as residents or store owners if they have witnessed other accidents in the same place.

  1. Failing to Call a Lawyer for some Free Advice

It’s shocking how many people will get into a car accident and even suffer injuries and then attempt to deal with their insurance problems themselves, only to get fleeced again and again.  If you are in an auto accident, you can seek legal advice about your case from a professional that will help you understand how to move forward in handling your claim in a proactive manner free of charge in most cases.  At our office, we will answer your call and put you on the phone with a licensed attorney in Utah that knows the answers to your questions and has worked on hundreds of auto accident cases and will talk to you for free.  Even if you are unable to come in and sit down in the office and you just need short, quick answers right away, we are willing to do that.

Minor auto accidents with relatively little property damage and no serious injuries can often be handled by the individuals involved and their adjusters in a fair manner.  However, There are several specific instances where hiring legal advice would be highly recommended.  One of those instances would be if you or a passenger in your vehicle was seriously injured.  You want to be sure that the insurance companies give you adequate compensation for your injuries, rehabilitation, missed work and emotional distress.  Another instance would be if there is more that one auto involved in the accident. Also, in multiple car collisions, it can sometimes be difficult to establish liability and an attorney can help you with this.  Speaking with a personal injury attorney would also be recommended is the at-fault insurance company has offered you a settlement amount that is not adequate or they have denied your claim.

The purpose of this article was to help you avoid five common mistakes that are made with auto accident claims.  Keeping these important steps in mind should help you manage your claim process with the best outcome possible.

McMullin Injury Law is in Southern Utah and we are here to help. Give us a call at 435-673-9990. Our primary focus is helping car accident victims in St. George and Cedar City, Utah.

This article and others on this site do not constitute a legal opinion or advice. Interactions on this website do not create an attorney-client relationship and do not serve as a replacement for consulting with an attorney. McMullin Injury Law expressly disclaims all liability relating to actions taken based on contents of this site. This article is for general education purposes, if you are seeking legal advice, contact an attorney. 

Duties After Car Crash

Duties After Car Crash

Property Damage Only

A driver involved in an accident that results in damage to property or to another vehicle must stop immediately at the scene of the accident. Once the driver has stopped, he is responsible to provide his name, address, insurance information, and vehicle registration number. If the damage to property is estimated by the drivers to be greater than $1000, local law enforcement must be notified with both drivers present.

Accidents with Unattended Property

If a driver is involved in an accident with an unattended vehicle or object, it is the drivers responsibility to find and communicate with the owner about the accident. If this isn’t possible, it is permissible to leave a written notice on the vehicle or site, listing the drivers name, address, insurance information, and vehicle registration number.

Accidents Involving Injuries or Death

A driver involved in an accident that results in injuries or death must stop his vehicle immediately at the scene. The driver must provide his name, address, insurance information, and vehicle registration number to the injured party or to the attending police officer.

All accidents resulting in injury or death, or totaling property damage greater than $1000 must be reported to the Department of Transportation within ten days of the accident.

Emergency Vehicles

The following are emergency vehicles as described in the statute: ambulances, police vehicles, fire trucks, and other vehicles as designated by the Department of Public Safety.

Privileges

A driver of an emergency vehicle has the following privileges when responding to an emergency:

  • Park the vehicle where necessary regardless of the traffic code
  • Travel past a red stop light or stop sign after slowing down for safety through the intersection
  • Travel at speeds greater than the speed limit posted
  • Disregard rules regarding traffic moving or turning in a specified direction

Proper use of Visual Warning

The purpose of visual warning signals on emergency vehicles is to warn other drivers and the public in general, not to give the emergency vehicles legal immunity.  Therefore, adequate visible warning must be given and taken into account in the case of any accident with an emergency vehicle.

Duties of Emergency Vehicle Operators to Other Vehicles

Even while responding to an emergency situation, the driver of an emergency vehicle must use reasonable care for safety in the existing circumstances. The requirement for the regard for safety of the public is not satisfied by simply using visual and audible warning signals. In addition, a drivers right to drive at exceeding speed depends on the condition of the patient in the emergency.

Duties of Other Drivers to Emergency Vehicles

If an emergency vehicle is approaching while using audible or visible warning signals, other vehicles on the road must yield the right-of-way to the emergency vehicle immediately.  Drivers should move to the right-hand edge of the road until the emergency vehicle has passed.

Duty of Drivers with Respect to Tow Trucks

If a tow truck is approaching or stationary while using flashing amber lights, a driver must slow down and allow as much space as possible and practical to the tow truck.

St. George Attorneys: What Should I do After a Car Accident?

St. George Attorneys: What Should I do After a Car Accident?

Question: What is the most important thing for me to do after my St. George, Utah car crash injury?

St. George Attorney Answer: The most important thing for you to do is simply to get better from your injuries caused by the car crash. There are many qualified healthcare providers throughout St. George, Cedar City, and Mesquite—schedule an appointment. Injured people are required by law to minimize their damages. What this means is the law requires you to do what is necessary in order for you to feel better physically and recover from your injuries. You should seek treatment to heal you injuries in a way that a reasonable person would. Reasonable people go to doctors when they are hurt or sick. If you need advice on finding the right St. George Chiropractor, Medical Doctor, Physical Therapist, Pain Management Clinic, Surgeon, or Licensed Massage Therapist, consult with your Attorney, we can get you to the right place.

You may have to follow all or several of the next steps:

  1. Do not miss any appointments with your care provider. Keep in touch with your physician and be certain you will be able to maintain your appointments. Use common courtesy, if you need to miss an appointment for any reason, call ahead. Having a “no show” on a doctor’s record can be used against you at the time of settlement or trial.
  2. Attend physical therapy sessions as prescribed by your doctor. Your doctor or hospital may recommend therapy to help you recover from your injuries. Such procedure is beneficial in many types of injuries including strains, sprains and other soft tissue injuries. Do not miss your appointments, not only will you slow your healing, but you will look unreliable to an insurance company and they will be less afraid of you. Once again, if you cannot make your appointment, make sure to call your doctor, but try to avoid cancellation as much as possible.
  3. Do what your physician tells you to do. If your doctor prescribes medications, therapy exercises, or gives you limitations on certain activities, be sure to follow your physician’s orders. When your doctor says one thing, but you say another, it looks bad. Insurance companies place a great deal of weight on the things your doctors say about your injuries. Going directly against your doctor’s orders makes you appear unreasonable.
  4. Follow your physician’s advice in respect to work and leisure activities. If your physician recommends you to rest, stay home from work, or avoid specific actives, it is crucial that you follow such recommendation. If you resist your physician’s advice and participate in activities that have been limited, it will only slow down the process of your recovery, and can also affect legal aspects of your case. As long as you can afford to miss out on some income in the short-term, it is crucial that you follow advice from your doctor so that your recovery will be enhanced. Your personal injury attorney will attempt to recover lost wages.

With regard to lost wages, if you do not feel well enough to work, or if you feel like your employment is aggravating your injuries, you need to inform your doctor. You will have much more success in finding recovery for lost wages if you have a doctor’s note detailing exactly why you cannot work, and for what time period. Once your doctor says that your injuries should no longer limit your work, you should return to work as soon as possible. Oftentimes an employer will be much more willing to grant you time off if your doctor has provided you with written documentation stating that some time off is necessary.