• A spill on the floor that is not cleaned up;
• Throw rugs or carpet that have been flipped up or rolled;
• A surface that does not have proper drainage causing water or ice to build up;
• Sidewalks, entryways, or stairs that have not been shoveled;
• Improper railings on stairs;
• A hole or defect in the floor that causes someone to trip; and
• An item is placed on the floor that should not be there.

Who can be Held Responsible?

Do not assume that just because you experience a slip and fall the land or property owner is at fault.  There are factual scenarios and circumstances that need to be considered.  Was the land or property owner aware of the hazard and failed to remedy the situation?  Perhaps a repair was needed but not addressed.  How long had the issue existed?  If the issue should have been discovered and wasn’t, what would a reasonable person have done?  Did the land or property owner cause a dangerous condition to exist?  In most instances involving the above-mentioned circumstances, a land or property owner may be held liable.

That said, if you contribute to the negligence which causes you to slip and fall, then perhaps a land or property owner may not be held liable, or will only be held partially liable.  For instance: if you spill something on the floor and slip in it; you are wearing improper footwear for a certain activity, you fail to see something that others have seen and avoided, or you did not use proper caution, you could have some contributory negligence or even full negligence for the fall.   Liability and negligence will need to be established in order to have a successful resolution of your case.

Once liability and negligence have been established, you can being to explore the issue of damages.  Damages include medical bills, pain and suffering, past and future costs of care, lost wages, and permanent damage.  Slip and falls are not always minor. Rather, slip and fall accidents can cause significant injury, broken bones, or even a traumatic brain injury.

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Workplace Injuries 

Accidents in the workplace affect thousands of Americans each year. Some cases cause severe damage and have lasting repercussions. These accidents can come from various scenarios, including exposure to heavy machinery, power tools, toxic or dangerous substances, cave-ins, and so on. Another danger is the exposure to these or other related issues over an extended period. Construction workers are some of the most at risk due to their high exposure rate to large machinery and power tools. Regardless of the field in which you work, an injury at work leaves you in a unique situation, you need to make money, but you can’t go back to work while recovering. To help combat this situation, Utah has a workers comp program. 

Workers comp is designed to help you pay the medical expenses related to your accident and replace part of your wages. You have the right to claim these benefits regardless of who was at fault for the accident. The worker’s comp system is created to aid the injured worker to get the help they need without the cost of a drawn-out trial or legal process. The system’s potential problem lies in the fact that these payments are made by insurance companies that also need to make money. They make more money if they don’t have to pay claims, and the employer will keep their lower rate. For this reason, it is essential to hire a personal injury attorney to ensure that you aren’t denied the benefits you deserve. 

Should I Seek Compensation 

Usually, claiming workers comp means that you won’t be able to sue your employer for the injury. There are a few scenarios in which you can sue if you so desire. While most lawsuits take much longer to resolve than workers comp, they almost always result in more money to compensate you. You may be able to sue if your employer doesn’t have workers’ comp insurance. Another scenario could be if your employer takes some adverse action against you for claiming workers comp. Finally, you may be able to sue and get workers comp if there is more than one employer involved, like in the case at many construction companies between the contractors and subcontractors working together. Regardless of your situation, it is always in your best interest to refer to an experienced personal injury attorney to ensure you receive all the compensation you deserve. 

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Just like the old saying goes, “he who represents himself has a fool for a client.” This saying is supported by The insurance Research Council who found that those who hire an attorney will, on average, get 3 to 3.5 times more money than those who attempt to settle on their own. In most cases, if you try to fight the insurance company alone, they will offer you the minimal settlement amounts available to make you go away. They are not working with your best interest at heart, and they are focused on something completely different, their bottom line. They are a business, after all, and they must ensure they are not losing money!

The common misconception is that the insurance companies are there for you. The sad truth is, they only have one objective: make money for their shareholders. This is why it is so vital to “lawyer up,” as they say, as soon as possible after you are injured in a wreck. Doing so will help ensure you get the compensation you deserve.

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Keeping Sidewalks Clear of Snow and Ice

To help prevent injuries, cities throughout the State of Utah have codes regarding removing snow and ice from sidewalks. For example, under Salt Lake City Code 14.20.070, Salt Lake City requires the removal of snow and ice from the whole sidewalk adjacent to your property within 24 hours of a storm. This applies to both business sidewalks and residential sidewalks. If you do not know what your city code requires, I highly suggest you do your research, contact your city and inquire about their code needs.

Slip and Fall Accidents in Winter

Despite precautions, slip and falls due to snow and ice are inevitable. If you are unfortunate and suffer a fall, you should seek medical treatment, especially if you suffer an injury to your neck, back, spine, or head. Slip, and falls can be particularly dangerous for elderly or disabled individuals, and many injuries are not immediately evident.

There are city ordinances that address parking on city streets during winter months in addition to snow and ice removal. Some city ordinances prohibit parking on the road within 24 hours of a storm. Other cities, such as Sandy City, prohibit parking on a public street from November 1 through April 30. Parking on city streets during a storm increases accidents restricts or slows snow removal, and causes increased safety issues.

Ordinances with Removing Ice

In large part, these ordinances, and compliance with them, rely on concerned citizens, neighbors, and patrons. Compliance officers respond to complaints, and citations can be given for failure to comply with either ordinance, whether it is snow removal or parking on city streets during a storm. Suppose all of us embrace better safety practices, increase neighborly gestures, and adhere to city ordinances. In that case, everyone will experience a bit safer winter and perhaps avoid a severe injury due to a slip and fall.

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Given the scary statistics that come with traversing mountain passes and traveling canyon roads such as Parley’s Canyon, please be safe, cautious, and unimpaired. Sadly, Parley Canyon and our other canyons, such as Spanish Fork, Brighton, Sardine, Immigration, and Provo, carry deadly accident statistics. I have often heard of Parley’s Canyon is referred to as the most lethal of all of Utah’s canyon roads.

The Dangers of Parley’s Canyon 

Parley’s Canyon begins at I-215, where it merges with I-80 and ends at Parley’s Summit (at an elevation of 7,120 feet, it is the highest point of I-80 in the state). The lower part of the road tends to have quite a few twists and turns and can narrow in places. It is also on an incline/decline and is known for turbulent wind, weather, rain, and snow. This passage of road regularly experiences a high rate of semi-trucks and recreational vehicles. Drivers tend to become impatient when traveling behind semi-trucks and pass over double yellow lines or when it is not safe to do so. Semi-trucks can overheat or lose their breaks when descending mountainous passages. Too, canyons and mountains have lots of wildlife. To combat this, in December of 2018, a wildlife overpass was put in place in Parley’s Canyon that is over 50 feet wide and 320 feet long, allowing wildlife to pass over I-80 safely.

To complicate matters, many visitors travel through Utah’s canyons to enjoy their beauty or enjoy some of the “Greatest Snow on Earth.” We certainly appreciate our tourist community. Unfortunately, as visitors, these individuals can be unaccustomed to navigating inclines/declines, twist, turns, and weather conditions of mountain passages or canyon roads.

Travel Safely on Utah’s Roads

If out on an Autumn drive, or any time you are behind the wheel, buckle-up, adhere to posted speed limits, don’t drive distracted or impaired, and be cautious. However, relax, cherish the time spent in nature and create some lasting memories.  

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Accidents on Utah’s Roads

Unfortunately, in reviewing the news from this weekend, it appears as though tragedy is still very prevalent. For instance, I saw:

A motorcyclist lost his life on SR-35 following a crash. The motorcycle driver was unable to navigate a left-hand curve, and the motorcycle veered off the road.

A truck crashed into Burgess Owen’s headquarters on Friday night. The pictures on-line are pretty shocking as there is severe damage to the structure. The damage was so substantial that Burgess Owen’s campaign is going to have to relocate. Fortunately, given the time of this incident, no one was injured.

A woman was hit multiple times on the freeway. In this story, a 31-year-old woman was walking on the freeway on the west side belt of 1-215 at 3800 South. When officers arrived at the scene, they found the victim deceased. Upon reading the story, it was unclear as to why the woman was walking on the freeway; and

There was a single-vehicle rollover early Sunday morning on SR-196 about 14 miles south of 1-80 in Tooele County in which neither people in the vehicle were wearing seatbelts. They were both ejected from the car and killed. 

A Goal we can all Live with 

The website zerofatalities.com has many helpful and resourceful tips, tools, and webinars you may sign for up, including parent night webinars, educational webinars, and truck smart safety advice. It also highlights the “100 Deadliest Days of Summer” campaign. I hope everyone will look into some helpful resources, wear their seatbelts, and refrain from impaired driving. Remember, the best auto accident case is one that never occurs.  

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Stop

Utah Statutes Section Section 41-6a-401.7 requires all drivers involved in accidents that have led to either vehicle damage, injury, or death, to stop at the accident scene. Mostly, a rear-end collision only cause property damage. However, if it results in any injuries, the drivers involved have an obligation to obtain medical assistance. If the accident has only caused property damage, the vehicle drivers should pull their cars on to the side of the road to avoid obstructing traffic flow.

Report

Utah Statutes Section 41-6a-401.4 requires any drivers involved in a vehicle accident that results in damages exceeding $2,500 to notify the authorities about the accident. 

Exchange

According to Utah Statute Section 41-6a-401.3a, drivers involved in an accident that results in property damage have to give their name and address to all parties involved in the accident. You also need to provide your driver’s license, registration, and insurance, if available. 

All the information provided is used to help facilitate the process for drivers, depending on who’s at fault, to seek compensation for property damage and injuries sustained therein. Due to this, every driver should provide and request all necessary information about the other driver(s) involved before leaving the accident site.

Gather 

Generally, people think that the driver who rear-ends the car in front is automatically deemed at fault for the accident; however, this is not always the case. When collecting compensation for damages and injuries suffered, the insurance company only places value on what each party can prove. 

Because of this, any driver involved in a rear-end vehicle collision should gather as much evidence of how the accident took place. Among things you could use to gather evidence are: 

• • Taking Pictures of the Vehicle(s)
  • Obtaining Video Recordings if Possible (Traffic Cameras)
  • Talk to Witnesses and Receive Testimonies  

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Utah residents are currently being encouraged to stay home in light of preventing the spread of COVID-19 (Corona Virus). Engaging in solo activities like bicycling can provide some relief and avoid cabin fever. It can also provide a good source of transportation for those who require essentials like groceries. However, it is essential to take precautions. Bicycle accidents are still very common even though fewer people are out on the road; the last thing you want is to have to call already overloaded first responders. Requiring medical care for your injuries will also increase your risk of being infected with COVID-19. We will provide some safety tips to help you prevent this and protect yourself during these trying times.

Utah has an active cycling community and hosts numerous events for biking enthusiasts. As a result of the coronavirus, these have all been canceled or rescheduled. Bicycling on your own remains an option, but you need to take the following precautions:

Recreational

Avoid crowded areas and make sure you are at least six feet away from others at all times.

Be cautious on trails and places with gravel roads; it would be unfortunate if you end up skidding and getting injured.

Pay attention and be alert to obstacles and traffic. 

Properly maintain your bike, which can help prevent accidents.

Even if you pick a suitably remote spot to ride, bicycle accidents are a risk. Avoid distractions such as earbuds while riding, wear light, bright colors to ensure visibility, carry identification and let someone know when and where you’re going to be.

Transportation

Be alert for emergency responders if riding near hospitals, police, or fire stations.

Be alert for reckless and distracted drivers.

Go slowly through grocery store parking lots, watching for people pulling in and out of spaces.

Stick to the bike lane and avoid highways or other heavily traveled areas.

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What can an attorney do for you?

No amount of money can replace the loss of a loved one. Wrongful death cases are not about getting a settlement to help friends and family members feel better. It is about holding at-fault parties accountable for their negligence and poor judgment. Family members need to work with an attorney if the deceased person was the primary breadwinner for the family. Many people find themselves in difficult situations dealing with medical bills, destroyed property, funeral expenses, and of course, the lost wages that person would have collected had the accident never happened.

As we said above, no amount of money can compensate for the death of a loved one. However, that does not mean that grief should prevent loved ones from taking action. This is especially true in situations where a parent has children dependent on them to provide for them. The typical rule of thumb is that people have two years after death has occurred to file a claim. Of course, you will need to address your emotional state, and there are priorities to consider after an accident has taken a life. With that being said, it is in your long-term best interest to speak with a wrongful death attorney in Salt Lake City as soon as possible. If you are dealing with a loved one’s death and believe someone should be held accountable, consider calling The Law Offices of Roberto Hernandez today.

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As responsible adults, caregivers, and supervisors, we all want to keep our children safe. The reality is that children are more likely than adults to be the victims of accidents, even if proper precautions have been taken. This could be due to the fact that children may not have the same well-formed judgment that adults do. They are more likely to take risks and less likely to think about the consequences of their actions. But what can be done in situations where a child is injured due to negligence or poor decisions? There are rules in personal injury litigation designed to address accidents where children are involved specifically. Below is more information about the types of accidents children are likely to be involved in and what can legally be done to seek compensation.

Understanding how kids are injured

Most parents understand that accidents can and will happen with small children. From running too fast and tripping to bumping their heads on furniture. We are not talking about minor “ouchies” and “boo-boos” that come with growing up. This article is designed to address situations where a child’s safety was compromised when they were supposed to care for a responsible adult or trusted entity. For example, if a child was injured while at school, they were not watched because their teacher or recess guard was not paying attention. Many parents find themselves in situations where they need to work to support their families. This means that they trust others to babysit, tend, watch, and help educate their children day or night. This includes but is not limited to:

• Injuries that happen during school or daycare
• Accidents that happen during summer camp
• Car accidents
• Injuries that occur on a playground or at an amusement park
• Swimming pool accidents
• School bus accidents

Most injury cases involving minors allow the parents or guardians to seek legal compensation for items such as medical bills, a long-term care plan, pain and suffering, emotional distress, and disabilities. Children need medical attention to treat broken bones, back and neck injury, or severe cuts and bruising in many cases. Every injury case involving a child is a sensitive subject and should be handled with the utmost care and respect. If you would like to learn more about what a child injury attorney can do for you, contact our office today to speak with a legal professional.

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