Car Accident Lawyer

Being involved in a car accident can be a disorienting and traumatic experience. Learning to understand your rights from a top Utah car accident lawyer is crucial to ensure you are properly compensated for any injuries or damages you incur.

In Utah, these rights are determined by a combination of state laws and local regulations, which provide the framework for what you are entitled to and the legal actions you can pursue.

What do I do at the scene of the car accident?

1. Prioritize Safety

Secure the area: If the vehicles involved can be driven, move them to the side of the road to avoid obstructing traffic. If not, turn on hazard lights to warn other drivers.

Check for injuries: Determine if you or any passengers require immediate medical attention. If anyone is hurt, avoid moving them unless there is a hazard requiring evacuation.

2. Call Emergency Services

Dial 911: Even if the accident seems minor, reporting it to the police is necessary for legal and insurance purposes. They will document the accident and file a report, which can be crucial for your claim.

Request medical assistance: If there are any injuries, even seemingly minor ones, request an ambulance.

3. Gather Information

Exchange details: Collect names, addresses, phone numbers, and insurance information from all drivers involved. Avoid discussing fault or making statements that could be construed as an admission of liability.

Document the scene: Take photographs of the vehicles, damage, road conditions, traffic signs, and any injuries. These will serve as evidence if there is a dispute over what happened.

4. Identify Witnesses

Collect witness statements: If there are bystanders who saw the accident, ask for their contact information. Their accounts can support your version of events.

Make a note: Write down everything you remember about the accident as soon as possible, including the time, weather conditions, and any actions taken by the involved parties.

What do I do after leaving the accident scene?

1. Seek Medical Attention

Visit a doctor: Even if you feel fine, some injuries, like whiplash or concussions, can take time to manifest. A medical professional will provide a thorough examination and create a record of any injuries.

Preserve medical records: Keep all documentation of medical visits, treatments, diagnoses, and prognoses. These records will be essential for substantiating your claim.

2. Notify Your Insurance Company

Report the accident: Contact your insurer as soon as possible to inform them about the incident. Timeliness is key, as delays can affect the validity of your claim.

Review your policy: Understand your coverage and any deductibles. Ask your insurer about the process and what they will require from you.

3. Keep a Record of Expenses

Document all costs: Keep receipts for any accident-related expenses, including medical bills, car rentals, and repair costs. These will be relevant for reimbursement from your insurance or from the at-fault driver’s insurance.

How do I Obtain Assistance From A Utah Car Accident Lawyer?

1. Consult with a Utah Car Accident Lawyer

Seek legal advice: A consultation with a Utah Car Accident Lawyer can provide clarity on your legal rights and the best course of action, especially if the accident was severe or complex. Eaton Injury Law’s primary office is located at 1526 W, Ute blvd Suite 110 in Park City, UT but we actively represent clients throughout the entire state of Utah.  In our free consultation, we will offer expert legal guidance for car accident victims. 

2. Tell Eaton Injury Law Your Story

Think ahead: Consider how the accident may impact your future, including ongoing medical care, the ability to work, and the emotional toll your accident has taken on you. These factors are important in evaluating your case and calculating its value.

3. Reminder

It’s important to remain calm and organized following an accident. By adhering to this checklist, you will be better prepared to navigate the aftermath effectively and protect your interests. Whether your case is resolved through an insurance claim or if legal action becomes necessary, having a detailed record and a clear understanding of the process will serve your best interests. For accidents occurring in Utah, utilizing local resources such as emergency services, legal expertise, and healthcare facilities can facilitate your path to recovery.

How Is Fault Determined in Utah Car Accidents?

1. Utah Is A No-Fault State

No Fault: Utah operates under a “no-fault” insurance system for car accidents. This means that your own auto insurance coverage, also referred to as Personal Injury Protection (PIP), will pay for your medical expenses and lost income up to the limits of your PIP policy, regardless of who caused the accident.

2. Recovery past PIP 

Damages over $3,000: If your injuries reach a certain threshold, you can step outside of the no-fault system and pursue a claim against the at-fault driver. This threshold is typically $3,000 in medical bills or suffering from severe injuries such as dismemberment, permanent disability, or permanent impairment. This must be used first before you can pursue the at-fault driver for additional compensation.

3. Comparative Fault

Whose fault was greater? In situations where you exceed the PIP threshold and pursue a claim against the other driver, fault becomes a critical factor. Utah follows the rule of modified comparative negligence. Under this system, if you are found to be partially at fault for the accident, your compensation can be reduced by your percentage of fault. For instance, if you are awarded $100,000 but are found to be 40% at fault, you would receive $60,000. However, if you are found to be 50% or more at fault, you are barred from recovering any damages from the other party. A Utah Car Accident Lawyer is invaluable when it comes to addressing comparative fault.

Settlement Negotiations: A Utah Car Accident Lawyer’s Perspective

01. Car Accident Settlement Negotiations

Settlement negotiations are typically the first step in resolving a car accident claim. These negotiations involve discussions between the victim (the plaintiff) and the at-fault party’s insurance company (or directly with the at-fault party if they are uninsured) with the aim of reaching a financial agreement that compensates the victim for their losses without going to trial. The Utah car accident lawyers at Eaton Injury Law are experts at negotiation.

02. The Process

The settlement process begins with the victim or their Utah car accident lawyer sending a formal demand letter to the insurance company. This letter outlines the details of the accident, the injuries sustained, and the damages being claimed. It also includes a financial amount the victim is willing to accept to settle the case.

Once the demand letter is received, the insurance company will review the claim and usually make a counteroffer. This initiates a negotiation phase, where both sides make offers and counteroffers. The goal is to reach a satisfactory settlement for both parties.

Your Utah car accident lawyer’s role during these negotiations is vital. Eaton Injury Law’s Utah car accident lawyer uses their knowledge of Utah law, their understanding of insurance company tactics, and their negotiating skills to advocate for the victim’s best interests. They are adept at calculating the true value of a claim, taking into account not only immediate medical expenses and lost wages but also future financial needs and non-economic damages, such as pain and suffering.

03. When to Consider Settling a Utah Car Accident Claim

Settling a car accident claim is generally considered when:

• (a) The liability of the at-fault party is clear, and they are likely to be found at fault in a court of law.
• (b) The victim needs financial compensation sooner rather than later, and a settlement offers a quicker resolution.
• (c) The victim prefers a guaranteed outcome instead of the uncertainty of a trial.
• (d) The emotional and financial costs of litigation are deemed too high.

A Utah Car Accident Lawyer is adept at analyzing these factors and providing advice as to your best options.

04. Pros and Cons of Settling Your Case

Pros:

• Quicker resolution, allowing the victim to receive compensation sooner.
• Less costly, as prolonged legal battles can accrue significant legal fees and court costs.
• Privacy is maintained, as settlements are generally not part of the public record.
• Certainty of outcome, avoiding the unpredictability of a jury decision.

Cons:

• Potentially lower compensation, as initial settlement offers may be less than what might be awarded by a jury.
• No public vindication or official finding of fault against the defendant.
• The details of the settlement are often subject to confidentiality agreements, preventing the plaintiff from discussing the case publicly.

The Utah Car Accident Lawyers at Eaton Injury Law guide our clients through either route, be it settlement or the trial process. Your Utah Car Accident Lawyer will weigh the benefits and risks of each approach, providing sound legal advice tailored to each client’s unique circumstances. With Eaton Injury Law, car accident victims can be confident that they have a fierce advocate working towards achieving the best possible outcome for their case.

Litigation and Going to Court in Utah Car Accident Cases

01. So a settlement was not reached?

If settlement negotiations fail to yield a satisfactory outcome, or if the at-fault party’s insurance company refuses to make a fair offer, the plaintiff may opt to take the matter to court. Your Utah Car Accident Lawyer can provide more detail about what this will look like, but here is some general information to help guide you along your path.

02. The Car Accident Litigation Process

Litigation in Utah car accident cases begins with the filing of a complaint in the appropriate court. The defendant (the person whom the claim is being brought against) will have the opportunity to respond to the allegations made against them. Discovery follows, where both sides exchange information relevant to the case, including documents, depositions, and interrogatories.​

Prior to trial, there may be pre-trial motions and hearings, typically handled by your Utah car accident lawyer. If the case proceeds to trial, both sides will present their evidence and arguments, and a judge or jury will render a verdict.

Throughout this process, Eaton Injury Law plays a pivotal role. The firm prepares the case meticulously, gathering evidence, and crafting legal strategies. Our Utah Car Accident Lawyer is a skilled litigator who knows how to present a compelling argument before a judge or jury.

03. When to Consider Going to Court 

Going to court is considered when:

• (a) The settlement offered is unreasonably low and does not cover the victim’s damages.
• (b) The at-fault party denies liability or disputes the extent of the victim’s injuries and damages.
• (c) The victim’s case is strong, with substantial evidence and a high likelihood of a favorable jury verdict.
• (d) The victim seeks a public acknowledgment of the at-fault party’s wrongdoing.

04. Pros and Cons of Going to Court

Pros:

• Potential for a higher compensation award than what was offered in a settlement.
• Public record of the defendant’s fault, which may serve as a deterrent to others and provide a sense of justice for the victim.
• Through a court’s ruling, an opportunity to create legal precedent that could benefit others in similar situations.

Cons:

• Time-consuming, as cases can take years to go to trial.
• More expensive due to extended legal representation, court fees, and other associated costs.
• Greater emotional stress for the victim, who must relive the accident and its aftermath during the trial.
• Risk of receiving less compensation than expected, or none at all, if the court rules in favor of the defendant.

How much is my car accident claim worth?

Now that we have covered some of the basics of personal injury cases and car accident cases, let’s discuss how to calculate the value of your personal injury case. While this information will be a good start in determining an estimate, it is important to speak to a Utah car accident lawyer for better advice on the specifics of your claim. Eaton Injury Law’s, 100% free consultations with an experienced Utah car accident lawyer can help you move forward with a potential claim. Some of the factors that go into this calculation include: 

1. The Severity of your injuries.

One of the most significant determinants of compensation is the severity of the injuries sustained in the accident. More serious injuries typically result in higher medical bills, longer recovery periods, and greater overall disruption to an individual’s life. Therefore, someone with life-altering injuries will likely receive a more substantial compensation package than someone who has suffered minor injuries that require less medical intervention and shorter recovery times.

2. Long-Term Impact

The long-term impact of the accident on a victim’s quality of life is also a critical factor. Eaton Injury Law takes into account how the injuries affect the victim’s ability to work, engage in daily activities, and enjoy life. If an accident results in permanent disability, disfigurement, or chronic pain, the compensation will reflect the need for long-term care and the emotional and psychological distress that accompanies such conditions.

3. Fault and Liability

In Utah, the concept of comparative negligence can affect the amount of compensation a victim receives. If a victim is found to be partially at fault for the accident, their recovery amount may be reduced in proportion to their degree of fault. Eaton Injury Law meticulously investigates the circumstances of each accident to establish clear liability, thereby seeking to minimize the client’s contributory fault and maximize the compensation received.

4. Insurance Coverage

One important factor when evaluating the value of a car accident case is the amount of insurance coverage available to collect from. Typically the most relevant insurance policies are (1) the amount of liability insurance the adverse driver has, and (2) the amount of UM/UIM (uninsured, underinsured motorist) coverage that you have. A Utah car accident attorney at Eaton Injury Law can evaluate all potential policies to collect from so that no money is left on the table. 

5. Economic and Non-Economic Damages

Economic damages, such as medical bills, rehabilitation costs, and lost wages, are easier to quantify. Non-economic damages, such as pain and suffering, emotional distress, and loss of consortium, do not have a fixed monetary value and require skilled legal representation to quantify. The Car Accident attorney at Eaton Injury Law is proficient in arguing for these more subjective damages, ensuring they are given appropriate weight during settlement negotiations or at trial.

6. Punitive Damages

While not common in car accident cases, punitive damages may be pursued if the at-fault party’s actions were particularly egregious or reckless. These damages are not tied to the victim’s actual losses but are instead meant to punish the wrongdoer and deter similar conduct. Eaton Injury Law assesses the actions of the defendant to determine if pursuing punitive damages is a viable option

FAQ On Car Accidents