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Utah Auto Accidents- Common Questions

Posted by Samantha Wilcox | Jan 18, 2024 | 0 Comments

At Wilcox & Mastrorocco, we get questions all the time about auto accidents, liability, and lawsuits. Below is a list of answers to some of the most common questions asked by our clients.  We are always happy to speak with you about your specific case and laws that may impact your recovery.  To get more detailed information regarding your auto accident injuries and entitlement to recovery, you can contact us at 801-960-4046 to schedule a free consultation and strategy session.

What Types of Auto Accidents Are There?

The types of auto accidents are the same pretty much anywhere, and they include single car accidents or collisions between other vehicles, people, property, or animals.

  • Single auto accident
  • Multi-car accident
  • Truck accidents
  • Motorcycle accidents
  • Pedestrian accidents
  • Bicycle accidents
  • Hit and run accidents
  • Rideshare accidents
  • Public transit accidents
  • Wildlife-vehicle collisions
  • Car accidents involving pets
  • Car accidents involving children

How Do I Get Compensation for an Auto Accident in Utah?

One of the main things that accident victims have to worry about is being fairly compensated for their injuries. There are two main ways that this can happen, and each has its respective pros and cons. 

Settlement

In an auto accident, resolving a case in a settlement means accepting the amount of money that an insurance company offers without going having to go through a trial in court. One of the main benefits of handling a case this way is that it will typically end a case much quicker than going through the court system. In addition, a client and their attorney have a good deal of power during this process–they can negotiate until they get the amount they want, or reject any settlement that isn't acceptable.

Going to Court

If a victim doesn't receive a fair settlement offer during settlement negotiations, they may need to file a lawsuit to get their compensation. Lawsuits may result in a higher payout, but they typically take much longer, and there is no guarantee that a court will side with you.  The benefits and risks of filing a lawsuit and going to trial must be carefully weighed before deciding to file a lawsuit. 

After a Car Collision in Utah, Who Do I Sue?

There are many parties who might be liable for your injuries, and ultimately it will depend on the facts of your specific case. For example, if the other driver was driving under the influence or failing to obey all traffic laws and the rules of the road, the other driver could potentially be held liable. A car manufacturer could be held liable if their car malfunctioned and caused an accident.  In some cases, a government entity could be held liable if the conditions on the road in some way causes a crash.  As a final example, if a parent unlawfully or inappropriately allows their minor child to drive the parent's vehicle and the minor causes an accident, that parent could share liability.  

Determining the correct party to sue or bring a claim against is very specific to the facts of each case. After speaking with you and gathering all necessary records, Wilcox & Mastrorocco will help determine who the best person or people are to seek compensation from. 

Should I Release Medical Records to Another Driver's Insurance Adjuster?

Generally, it is important to remember that the other insurance adjuster involved in the case wants to pay you as little as possible. While they may ultimately need to see your records, they only need to see specific records pertaining to your accident. If records are not necessary, but the insurance company receives them, they could use any health information against you. An attorney can help edit this request to ensure that only records needed are released. 

Further, it is always important to have an attorney with you when you speak to your own insurance company. You want to give only the facts. Your own insurer has its own company as its priority, too, and so it also wants to prevent a payout. This is especially true when you need to file a first-party claim with your own insurance.

It is always the best practice to get an attorney on board to help you with your injury claim prior to speaking with any insurance adjuster. 

How Much Money Can I Get from an Auto Accident Claim?

This is a very popular question -- everyone wants to know how much they could get from their auto accident claim in Utah. Unfortunately, one answer to this question does not exist. Any settlement or jury award will be based on the unique facts and circumstances of your case. Settlements can range anywhere from hundreds of dollars to millions of dollars or more. It also depends on the attorney you hire. Some are more inclined to settle as quickly as possible, while others are willing to fight at all costs to ensure you receive maximum compensation.

Clients who retain Wilcox & Mastrorocco are always in the driver's seat.  We will speak to you about the benefits and risks of a quick settlement verses taking your case to trial, but ultimately you will decide whether to take a quick settlement or have us continue to litigate your claim on your behalf. 

If I Don't Feel Hurt after an Auto Accident, Do I Have to See a Doctor?

Certain injuries might not present symptoms immediately after an accident, and getting to a medical professional can catch those injuries. In addition, an opposing attorney or insurance adjuster might try to argue that a delay in seeking medical treatment means that a victim's injuries were not actually from the accident. Going to the doctor after an accident can cut against these kinds of arguments.

Even if your pain level immediately after the accident is low, you should still seek medical attention right away.  

 

What Should I Do after an Auto Accident in Utah?

First and foremost, you should contact emergency services and seek medical attention. If you are physically able to do so, you should also:

  1. Call the police and report the accident to law enforcement.  While you are not legally required to call the police after an accident, it is always best practice to do so.
  2. Exchange information with the other parties to the accident.  Be sure that you have each person's full name, insurance information, driver's license information, phone numbers.  Taking a photograph of the other drivers' insurance card and driver's license is best. 
  3. Gather evidence, like pictures and video of the scene of the scene where the accident occurred, the surrounding location, the vehicles, property damage, injuries (if any).  Ideally, you should take these photos and video prior to moving the vehicles from where they came to rest after the accident.  However, if the accident occurred on a busy roadway such as the interstate, it is always best to remain in your vehicle and drive your vehicle to the side of the road (if possible) where you will be safe and most protected from other approaching drivers.
  4. Get the names and contact information of any eyewitnesses as well as a brief recorded statement, if you are able to do so because their recollection will be best on the scene and preservation of each witness's statement will be best if recorded either in writing or by video.
  5. Consult with an attorney so that you can obtain a good understanding of whether you have a compensable case and how to go about pursuing what you are legally owed.  Consulting with an attorney immediately will help you maximize your recovery.

What Should I Not Do After an Auto Accident in Utah?

In juxtaposition to what you should do if in a car collision, here is what you should not do.

  1. You should never leave the scene of an accident. If you leave a scene, especially when someone is injured, it is a hit and run that could result in criminal charges against you.  Always stay with your vehicle and contact law enforcement and emergency personnel.
  2. You should not leave your vehicle where it can pose a risk to others. If you can, move the vehicle to a safe location. If you cannot move it on your own, contact someone who can.
  3. Do not lose your temper with the other driver. A person's demeanor and conduct immediately following an accident is typically a point of discussion when pursuing an injury claim--especially in circumstances where one of the drivers is highly agitated and acting verbally or physically aggressive toward the other driver.  Always do your best to maintain your composure and professionalism with the other driver.
  4. Do not forget to exchange information. Try not to let fear or anxiety get the best of you. You really need to obtain contact and insurance information from the other party involved in the collision. Insurance will be critical to recovery of compensation.
  5. Do not underestimate your injuries. Some injuries are delayed (like whiplash) while other injuries may not seem serious (like bruising as there may be internal bleeding). You should always get checked out by a doctor after being involved in an auto accident--even if your injuries seem minor. 
  6. Do not admit fault. Even if you think or know you are at fault, do not admit it. The other party may have contributed in some way, too. In Utah, you can still possibly recover compensation if both parties contributed to the accident.
  7. Do not contact or give a statement or documents to the other party's insurance company. You must speak to your own insurance company and fully cooperate with their investigation, but you are not obligated to do the same with any other insurance company. To do so could jeopardize your case. Either your attorney or your own insurance company can communicate with the other party's auto insurer.
  8. Do not let the other party convince you not to call the police. After an accident, it is not uncommon for a driver who caused the collision to try to convince you that you do not need to contact law enforcement.  They may do this by minimizing the severity of the accident or by telling you that they want to pay for the damage personally rather than going through insurance.  Do not agree to this! Often times, these drivers will change their story and deny causing the accident once your claim is filed.  Without the accident being properly documented by police, it can sometimes be challenging prove who caused the accident if the other driver wrongfully denies fault.

How Much Does an Auto Accident Attorney in Utah Cost?

This is one of the most common questions asked by clients who contact Wilcox & Mastrorocco for help with their injury claim.  Many clients feel reluctant to hire counsel because they are already financially stretched.  At Wilcox & Mastrorocco, you will not have to pay a single penny to us for our services upfront.  Our fees are paid only when you get paid, and our fee comes entirely out of your injury settlement or award.  This type of fee arrangement is sometimes referred to as a contingency fee agreement.  By helping you in this manner, hiring Wilcox & Mastrorocco to represent you on your injury claim will not increase your financial stresses in any way. 

Do not wait--Contact Wilcox & Mastrorocco today!

If you've been in an auto accident and are considering filing a lawsuit, contact one of the personal injury attorneys at Wilcox & Mastrorocco today for a free consultation and strategy session. We can answer your questions, put together a strong case, and fight for the compensation you deserve.  The sooner you call and we get started, the stronger your case.  Call 801-960-4046 today or fill out our online form immediately to get started.

About the Author

Samantha Wilcox

Since being admitted to the Utah State Bar, Samantha's practice has been focused on the resolution of all types of personal injury and wrongful death cases, including automobile and motorcycle negligence, truc...

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