Laws Protecting Bicyclists
Utah’s Cyclist Laws Can Protect You Utah has taken a leading role in the United States for passing laws protecting the rights of bicyclists on our streets. Some unique cyclist laws include: In a typical year in Utah, more than 20 bikers and pedestrians are killed, and dozens more seriously injured by negligent drivers who fail to recognize the legal rights of bikers on Utah streets. Unfortunately, many drivers fail to properly yield the right of way to bikers. Frequent accidents occur because drivers fail to provide the critical three-foot buffer between themselves and the bike. If you are a bike rider injured in an accident with a car in Provo, Salt Lake City or anywhere in Utah, talk to an attorney at Flickinger Boulton Robson Weeks, in Provo. We are bikers. We understand the laws and the need to protect the rights of people who seek an alternative to car transportation. Hit-and-Run Bicycle Accidents Many car-bike accidents turn into hit-and-run cases when the motorist leaves the scene without providing insurance or contact information. Often, the biker may not think the injury is serious and does not press the driver for contact information. In other cases, the car driver blames the cyclist for the accident and leaves the scene. However, you may be able to make a claim against your own auto insurance company. Under Utah law, your premiums cannot increase for claims that are not your fault. We thoroughly investigate bike accident cases and can often find ways to help you recover insurance money in hit-and-run accidents. Free Consultation and No Attorneys’ Fees Unless You Recover Money Damages We advise and represent clients in personal injury and wrongful death insurance claims cases in Orem, Provo, and communities throughout Utah. Wherever you are in the state, call us toll-free at (800) 898-4878 or contact us by e-mail to arrange a free consultation with an experienced Utah cyclist safety attorney. There are no attorneys’ fees unless you recover compensation in a settlement or jury award. Call for a Free Consultation Call the Utah auto accident compensation attorneys at Flickinger Boulton Robson Weeks locally at (801) 500-4000 or contact us below for a free, no-obligation consultation. Related To This
Do I Have a Case
After an accident or injury, you are likely wondering if you have options to receive compensation. Figuring out whether you have the ability to file a personal injury lawsuit is a complicated process. We can help you determine if you have a case… EVERY SITUATION IS DIFFERENT Even if you were badly injured, you may not have a valid case for a personal injury suit in Utah. The best way to figure out if you have a case is to schedule a consultation with a personal injury attorney. At Flickinger Boulton Robson Weeks, we offer free case evaluations to help determine whether you can collect compensation after an injury or accident. In general, there are a few basic questions you can ask to assess the validity of your claim, including: What Counts as a Personal Injury? As a legal term, personal injury refers to any injury to your body, mind, or emotions. While your case may involve compensation for property damage, there must be a significant physical or psychological injury for you to have a legally recognized personal injury case. For example, if you slipped and fell in a store and sustained a concussion or brain injury, you have suffered a personal injury and may have grounds for a lawsuit. In contrast, if you were rear-ended and the accident only caused minor damage to the vehicle and no injuries to your person, this incident likely does not qualify. However, you can still pursue compensation from an insurance company or in small claims court. Once you have established that you suffered a personal injury, the next step is identifying who is responsible for it. PROFESSIONAL, HONEST, AND EFFICIENT “Flickinger Boulton Robson Weeks are an excellent group of lawyers. They worked together to help me with my case. All their staff is professional, honest, and efficient. I was impressed with their service. Because of them, I was able to receive all the medical care and money that I deserve for the injured that I suffered.” Liz N. Understanding Negligence AND HOW IT RELATES TO YOUR CASE In order to pursue a lawsuit for a personal injury, there must have been negligence on the part of another person or entity, such as a business or organization. Negligence essentially means “failing to take proper care.” If a person or entity acts in a careless manner and an injury results, they may be legally responsible, or liable, for any resulting harm. There are three main components to a negligence claim, each of which needs to be proven in order to establish that a certain person or entity is liable for your injury: Duty You will need to prove that the defendant had a legal duty to act in a certain way towards you. For example, doctors and other medical professionals are required to treat their patients with a certain level of care. Breach The next step is showing that by acting or failing to act in a certain way, the defendant breached that duty. If a driver gets behind the wheel while under the influence, they are not fulfilling their duty towards other drivers. Causation In order to have a claim, you must also be able to directly link the actions, or failure to act, of the defendant to your injuries. This is why evidence is so important, whether that be photos, testimonies, or other forms. Recoverable Damages The final step in figuring out whether you have a case for a personal injury lawsuit is to determine if your injuries can be remedied by monetary damages. Damages refer to a sum of money awarded as compensation for your injuries or other losses. The best way to assess whether you have recoverable damages in your case is to speak with a personal injury attorney. If you can establish negligence, the court may award you a sum of money to address: WONDERFUL PEOPLE “The attorneys and staff are professional and friendly, and work hard to create the best results for their clients. I have recommended FSB to friends and family in the past and will continue to do so if the need arises. Wonderful people!” Skye S. Other Questions to Consider BEFORE FILING A LAWSUIT In addition to these main concerns, there is a range of other aspects our attorneys consider before moving forward with a lawsuit. Find Out If You Have a Case While you can make a basic assessment of your case based on this information, the best way to find out if you have grounds for a lawsuit is to schedule a free case evaluation with our team. At Flickinger Boulton Robson Weeks, we work hard to tailor our legal services to the needs of our clients. Whether you simply need help negotiating with the insurance company or want to pursue a lawsuit in court, our team can help you collect what you deserve. Our firm has been representing clients throughout Utah since 1993. There are no upfront fees for hiring our attorneys and we do not collect unless you do. Contact our office online or call our Provo location at (801) 500-4000 to learn more about your legal options today.
Everything You Need to Know About Medical Malpractice
You may have heard of malpractice on a popular TV show or as a buzzword in news stories, but few unaffected Americans truly understand exactly what medical malpractice means, and everything it can entail. Unfortunately, medical malpractice can happen to just about anyone and it’s always tragic. We trust our medical professionals to do their very best to keep us safe and healthy. What happens when they violate that trust? Our lawyers have built a reputation of taking care of individuals who have been injured or harmed due to the actions or negligence of others. From car accidents to medical malpractice, we’ve built a strong portfolio of defending innocent victims so they get what they deserve. Today we’ll share everything you need to know about medical malpractice. What is Medical Malpractice? Medical malpractice is when a doctor or medical professional causes harm to you when they fail to perform their duties with competence or basic reason. This can mean many things and show up in many different ways. Basically, if your doctor made a mistake in a way that caused you harm and another doctor in the same position wouldn’t have made the same choices it is medical malpractice. Elements of Medical Malpractice If you think you have been a victim of medical malpractice or simply want to protect yourself from medical malpractice in the future, it’s important to know these elements in place for any medical malpractice claim. Doctor-Patient Relationship: The first element is that you seek medical help and the doctor agreed to treat you. This can be as simple as scheduling appointments at their clinics or offices, entering a hospital, or any formal request for care. The doctor has to know they’re caring for you and have you as a formal patient. Negligence: Negligence on the part of a physician can happen many different ways, but essentially is defined as behavior that fails to be “reasonably skillful and careful.” If your doctor does (or doesn’t do) something that a normally skilled doctor wouldn’t (or would) do then it is negligence. Harm: When your doctor fails to perform in a “reasonably skillful and careful” manner and it causes you some type of harm, you should look into a medical malpractice claim. Harm can be physical, emotional, financial, mental, social, and situational. However, the harm must be directly related to the doctor’s negligence without confusing factors. Specific damages must be proven to be a result of the doctor’s negligence for a successful medical malpractice claim. Medical Malpractice By State Each state has varied requirements for medical malpractice claims. Some states have limits on how late you can file medical malpractice claims. Some states have limits on the damages that can be awarded to the victim. Some states require that the doctor being accused be notified in advance. It all depends on where you live. This is why obtaining a knowledgeable and experienced injury attorney can make all the difference in your injury or medical malpractice claim. If you’re facing a possible medical malpractice situation, call us at Flickinger, Sutterfield and Boulton without delay.
How To Have A Safe Road Trip
As those last school bells ring, families around the country are gearing up for their summer road trips. From cross-country drives to camping trips to family reunions to the big move, people travel more in the summer than any other time and unfortunately, this means there are more accidents on the roads. How can you keep your friends and family safe as you head out for your big road trip? How can you bring home lifelong memories instead of medical bills and car repairs? Our lawyers have seen their fair share of accidents and we’ve learned a lot about how to be safer out there on the roads. Here are a few tips that can help you keep your road trip fun, safe, and memorable for all the right reasons. Tune Up. Before you hit the road it’s important that you take your car in for a quick check. You don’t want to find yourself stranded with a cracked radiator or causing an accident due to unreliable brakes. Don’t forget to check your tire tread and inflation, too! Rotate Drivers. Whenever possible, take turns driving even when you aren’t tired. Often long hours of driving can make you more casual and less alert, which can increase your risk of an accident. Decide on an appropriate stretch of driving and regularly switch to stay fresh and safe. Swear to Be Hands-Free. Distracted driving is so dangerous and so common, especially on long road trips where directions are needed frequently, entertainment is critical, and there are so many individuals in the same car. Have everyone agree to help the driver be hands-free with their phone and to keep distractions to a minimum for everyone’s safety. Belt Up. It’s common for passengers on long road trips to unbuckle or modify their seatbelts for comfort as they snooze or recline in the car. In the event of an accident, wearing a seatbelt properly will literally save your life. Demand that everyone in your vehicle wears their seatbelt appropriately, even if it’s not the most comfortable. Use Cruise Control. Cruise control can help you safely cap your speed instead of the accidental speed creep which can be deadly. Set your cruise control at or below the speed limit, but don’t let it make you casual in your driving. Pay careful attention to the drivers around you and be ready to manually brake and control your speed as needed. Avoid Risk Times. Whenever possible, plan your meals, rest, and bathroom breaks to coincide with the riskiest times to be driving so you can avoid being on the roads. Sunrise and sunset hours can be visually challenging and lead to many accidents. Late at night is the most dangerous time to be on the road, so use caution if you must drive through the night. Finally, rush hour might mean slow speeds but it also means lots of drivers and frustration which can lead to accidents. We wish you the best of luck for your summer adventures and give us a call if you’re in need of auto accident help on your road trip.
How To Choose The Best Car Accident Lawyer
When you’re injured in a car accident there are a lot of calls you need to make. The first one may need to be to an ambulance if injuries are serious. Or it might be to the police to begin paperwork and assessment on the accident and damages. You may need to call a tow truck or body shop to help with your damaged vehicle. You’ll need to call your doctor to set up a check-up, even if you think you’re ok just to be sure you don’t have any lingering injuries. And then you’re done, right? Wrong! Even if you’re unsure about hiring an injury attorney for your car accident, your last call should be to a top injury lawyer. A call doesn’t cost you anything and can make all the difference in your future health and finances. But how do you choose the right one? There are so many car accident attorneys out there, so it’s important for you to weigh your options and choose an injury lawyer that is top-rated, honest, and a good fit for you. How to Choose the Best Car Accident Lawyer Referrals. The very first place to turn is real life people you know. Actual referrals are the most important for finding an injury lawyer that will perform well for your needs. Finding an injury attorney that has served a real person well can keep you from falling into the advertising trap. It’s easy for injury attorneys to put “#1 Injury Attorney” on their website, but a real-life positive referral is the best guarantee. Careful Web Searching. Plenty of car accident victims find themselves turning to the internet to find an injury attorney, and that’s ok. It’s just important that you search appropriately and carefully dissect your searches. Don’t trust Yelp or other paid review sites, as they can be inaccurate. Instead, head to Google and check Google reviews. You can even search for a firm you’ve considered to find positive and negative reviews. Talk to More Than One. One of the biggest mistakes you can make is to go with the very first attorney you find on the internet. Talking to more than one can help you identify differences in their specialties and personalities, as well as comparing rates and availability. Honesty. Sharing the entire situation can improve the quality of your conversations with potential injury attorneys. You may not find a good fit if you only give pieces of the story. Sharing the whole car accident, insurance information, and medical history can help you find an injury attorney that can meet your unique needs. Trust Your Gut. If something feels off about a particular injury attorney, there’s probably a reason. Trust the vibes and feelings you get when interviewing different car accident attorneys, especially during free consultations. If you notice something off as you proceed or at any point in the process with your accident attorney you can step away and find a better fit. Our lawyers at Flickinger, Sutterfield and Boulton are ready to help you find the justice and restitution you deserve after your car accident.
Understanding Utah’s PIP Car Insurance
Utah Personal Injury Protection Benefits A brief summary by Flickinger Boulton Robson Weeks (Not a thorough review of Utah PIP law; please contact your attorney with questions regarding your case.) Whether you were a driver, passenger, bicyclist, or pedestrian and were injured in a motor vehicle collision, you are entitled to personal injury protection benefits, or PIP. In Provo, UT, the personal injury attorneys of Flickinger Boulton Robson Weeks have the experience and skills necessary to help you collect the maximum amount of benefits. Utah is a “no-fault” state, meaning that payments for medical expenses, wage loss, and household services (as explained below) will be made under the applicable auto insurance policy regardless of who was at fault for the collision. To begin receiving PIP benefits, you must complete the PIP application and submit it to the appropriate insurance company. No payments can be made until the insurance claim is opened and your PIP application is on file. Highlights of the benefits to which you are entitled are as follows: Medical Expenses The minimum statutory benefit level for medical expenses is $3,000.00, although the policy under which you are covered may provide for a higher amount. This benefit includes coverage of all reasonable and necessary medical expenses arising from your injury. To obtain this benefit, your bills must be sent to the PIP adjuster. Be sure to provide your doctors with (1) your claim number and (2) the name and address of the PIP adjuster, so they may bill the adjuster directly. If the adjuster feels that your treatment is no longer reasonable or necessary, he or she may request you attend an “independent” medical exam by a physician of his choice. You should immediately contact our office if the adjuster makes such a request. Wage Loss You are also entitled to payment for lost wages if a physician declares you are disabled from work because of the auto collision. The statutory benefit level is calculated at 85% of your gross income, up to a maximum of $250.00 per week. This benefit is available during the period you cannot work, up to a maximum of 52 weeks from the date of the first day of disability from work. A special rule applies to your wage loss claim: lost wages for the first three days of your disability will only be paid if your disability continues for more than two consecutive weeks at some point following the collision. To obtain any wage loss benefits, a statement from your employer is also necessary which verifies your employment, rate of pay, average number of hours worked (per day or per week), and number of hours (or days) you have missed. Both documents must be sent to the insurance adjuster to receive this benefit. Household Services You are entitled to payment for essential/household services if a physician declares you are disabled form performing your customary household duties because of the auto collision. The statutory benefit level is up to an average of $20.00 per day during the period of your disability, for a maximum of household 365 days from the date of the first day of disability. A special rule applies to your household services claim: household services for the first three days of your disability will only be paid if your disability continues for more than two consecutive weeks at some point after the collision. To obtain this benefit, a statement from your doctor is necessary which indicates the period of time you cannot perform household services. A signed statement from the person who performed the services in your place is also necessary (or receipts, if commercial services are used) which includes his or her social security number, dates worked, and description of the services performed. Both documents must be sent to the insurance adjuster in order to receive this benefit. Please keep in mind the person who performs the services receives payment, and not you. By law, the insurance adjuster has 30 days from the date he or she receives all appropriate documents to make payment. Payment may also be made on a monthly basis, as expenses are incurred. Related To This
No Fault PIP Benefits
Utah No Fault Personal Injury Protection (PIP) Benefits A brief summary by Flickinger Boulton Robson Weeks (Not a thorough review of Utah PIP law; please contact your attorney with questions regarding your case.) Whether you were a driver, passenger, bicyclist, or pedestrian and were injured in a motor vehicle collision, you are entitled to personal injury protection benefits, or PIP. In Provo, UT, the personal injury attorneys of Flickinger Boulton Robson Weeks have the experience and skills necessary to help you collect the maximum amount of benefits. Utah is a “no-fault” state, meaning that payments for medical expenses, wage loss, and household services (as explained below) will be made under the applicable auto insurance policy regardless of who was at fault for the collision. To begin receiving PIP benefits, you must complete the PIP application and submit it to the appropriate insurance company. No payments can be made until the insurance claim is opened and your PIP application is on file. Highlights of the benefits to which you are entitled are as follows: Medical Expenses The minimum statutory benefit level for medical expenses is $3,000.00, although the policy under which you are covered may provide for a higher amount. This benefit includes coverage of all reasonable and necessary medical expenses arising from your injury. To obtain this benefit, your bills must be sent to the PIP adjuster. Be sure to provide your doctors with (1) your claim number and (2) the name and address of the PIP adjuster, so they may bill the adjuster directly. If the adjuster feels that your treatment is no longer reasonable or necessary, he or she may request you attend an “independent” medical exam by a physician of his choice. You should immediately contact our office if the adjuster makes such a request. Wage Loss You are also entitled to payment for lost wages if a physician declares you are disabled from work because of the auto collision. The statutory benefit level is calculated at 85% of your gross income, up to a maximum of $250.00 per week. This benefit is available during the period you cannot work, up to a maximum of 52 weeks from the date of the first day of disability from work. A special rule applies to your wage loss claim: lost wages for the first three days of your disability will only be paid if your disability continues for more than two consecutive weeks at some point following the collision. To obtain any wage loss benefits, a statement from your employer is also necessary which verifies your employment, rate of pay, average number of hours worked (per day or per week), and number of hours (or days) you have missed. Both documents must be sent to the insurance adjuster to receive this benefit. Household Services You are entitled to payment for essential/household services if a physician declares you are disabled from performing your customary household duties because of the auto collision. The statutory benefit level is up to an average of $20.00 per day during the period of your disability, for a maximum of household 365 days from the date of the first day of disability. A special rule applies to your household services claim: household services for the first three days of your disability will only be paid if your disability continues for more than two consecutive weeks at some point after the collision. To obtain this benefit, a statement from your doctor is necessary which indicates the period of time you cannot perform household services. A signed statement from the person who performed the services in your place is also necessary (or receipts, if commercial services are used) which includes his or her social security number, dates worked, and description of the services performed. Both documents must be sent to the insurance adjuster in order to receive this benefit. Please keep in mind the person who performs the services receives payment, and not you. By law, the insurance adjuster has 30 days from the date he or she receives all appropriate documents to make payment. Payment may also be made on a monthly basis, as expenses are incurred. Related To This
Car Accident Compensation
CAR ACCIDENT COMPENSATION ATTORNEYS UTAH Don’t Trust Your Car Accident Compensation to an Insurance Adjuster At Flickinger Boulton Robson Weeks in Provo, Utah, our car accident claims lawyers know that one of the most pressing concerns for car accident victims is getting full and fair compensation. You want to know exactly how much compensation you are entitled to, which is a surprisingly complex question. With decades of experience on our side, we are prepared to answer this question. Our Utah auto accident attorneys are prepared to pursue maximum compensation, starting immediately. First Things First: Use Your PIP Benefits The starting point in every motor vehicle accident case: Utah no-fault (PIP) benefits. Your insurance company may not tell you all of the compensation you are entitled to. That is why it is important to contact us as soon as possible. Our Orem car accident lawyers are here to act quickly, and at no additional cost, to get you all of the compensation that PIP provides, which includes not only medical expenses and wage loss, but may also include household services. Household services compensation is frequently overlooked. You may be able to get compensation to pay for someone to assist with laundry, cooking, yard work, child care and other chores that you may not be able to do while recovering from your injuries. What Other Compensation Are You Entitled To? Motor vehicle accidents can be devastating. Yes, your injuries may have led to extensive medical expenses and wage loss, but the damage most likely runs deeper than that. Have your injuries prevented you from doing the things that matter most to you in life? Have your injuries hurt your marital relations? You can be compensated for the loss of quality of life and loss of enjoyment of life. Our goal in every case is to thoroughly examine your injuries and all of the repercussions your injuries have had on your life, and then pursue maximum compensation for you. Call for a Free Consultation Call the Utah Car Accident Compensation Attorneys at Flickinger Boulton Robson Weeks locally at (801) 500-4000 or contact us below for a free, no-obligation consultation. Related To This
10 Emergency Items To Keep in Your Car
You never know what situation you’ll be in. Having a few emergency essentials in your car can be a big help. Prevent a tough situation from becoming tougher when you aren’t prepared. Stocking your trunk with a few of these can be a big help in the long run. 1. Water Water is an extremely important thing to have in an emergency. It is a life-sustaining substance. Keeping a gallon of water in your trunk will give you a little peace of mind during an emergency. 2. First Aid Kit If there is an emergency, there may also be an injury of some sort. Whether it’s a scraped knee, a burn, a sliver, or something else—you can easily benefit from a first aid kit. Maybe you’ve been in a car accident or maybe your kid got hurt on the playground—whatever it may be, you’ll surely find a use for it. 3. Portable Charger When you’re in an accident or an emergency, your cell phone is invaluable. But what is it dies? Having a portable charger can be a real lifesaver. Whether you’re lost, you’re stuck, or you just need help—your phone can really help the situation. 4. Insurance Information Legally, you should be keeping your insurance information in your car. If you are in a car accident, you’ll need to exchange insurance information with anyone else involved. 5. Toilet Paper Hopefully, it never comes to this, but if you are broken down somewhere for an extended period of time—you’ll be grateful you have toilet paper. 6. Jumper Cables At some point, you’ll find yourself in need of jumper cables. It may be for your own car or for some else’s car, but either way—jumper cables are a must have for any car. You should also learn how to use them. It’s very simple! Just a quick Google search can help you with this one. 7. Garbage Bags Tucking away a few garbage bags in your glove box or somewhere else in your car can be very helpful. Accessible garbage bags will help to keep your car clean and they can certainly come in handy in the case of an emergency. 8. Food Keeping some non-perishable food in stock in your car will help avoid some potentially dangerous situations. You could break down somewhere and not receive help for hours or longer. It’ll certainly be helpful to keep protein bars, granola bars, and other nonperishables in your car. 9. Blankets If you are in a car accident or break down on a cold winter night, you’ll be grateful to have blankets. An extra jacket may also be a good idea. 10. Fans It may also be helpful to have sunscreen or a fan in case your breakdown in the heat of the summer. Being stuck in a car with no AC in the hot summer months can be tough. Avoid that situation by being prepared.
Why is Tailgating Dangerous?
We’ve all been guilty of it—following the car in front of you too closely, also known as tailgating. It can be frustrating to follow behind a slow car, but it’s much more frustrating to deal with a car accident. Tailgating leads to rear-ending. It’s a common but reckless driving behavior that leads to many car wrecks. To be a safe driver, you should do what you can do to avoid tailgating. The Dangers of Tailgating Driving too closely behind the car in front of your leaves you very little reaction time to break in the case of an accident. You never know when you may need to brake quickly. Something may jump in front of a car, you may hit a patch of ice, another car may swerve—there are endless reasons why you may have little time to stop your car quickly. The National Highway Traffic Safety Administration estimates that about 23% of accidents annually are caused by tailgating. About 2,000 deaths are reported each year in the US due to accidents caused by tailgating. Tailgating Timing With driving, you should follow the two-second rule. This rule means that you leave at least two seconds of passing time between you and the car in front of you. When the car in front of you passes and object, you should pass that same object in no fewer than two seconds. If weather conditions are less than ideal, you should increase that time. There should be at least four seconds between you and the car in front of you. If you are driving behind a motorcyclist instead of a car, you should leave about three seconds of passing time. What to Do When You’re Being Tailgated No one wants to be tailgated. There is nothing worse than being followed closely by an aggressive driver. If you are experiencing some unpleasant tailgating, you should move over and allow the car to pass. Though it can be frustrating, it’s easy to let them pass than to deal with unsafe driving. You may also consider raising your speed if you are comfortable and not going over the posted speed limit. You should not pump your brakes or stop suddenly—this will almost definitely cause an accident or at least encourage more aggressive and unsafe driving. Stunt driving can leave you liable in the case of a car accident. To be a safe driver and avoid tailgating at all costs. Accidents Caused by Tailgating Accidents caused by tailgating are almost always avoidable. They are also very common. If you have been rear-ended or been a victim to a tailgating accident, contact us at Flickinger Sutterfield and Boulton for a free quote! Our experienced team of lawyers will help you work through the case and get the compensation you deserve. We’ll go through things with you and make it as stress-free as possible for you. Reach out to us today for more information!