What is a Negligent Pedestrian?
When it comes to pedestrian accidents, you may assume the driver is at fault; however, this assertion isn’t always correct. Many people believe the adage, “pedestrians always have the right of way” without realizing pedestrians can be as negligent as a driver. Learn more about negligence in today’s blog. Understanding Negligence Negligence is a legal theory that a plaintiff must prove before they can hold a defendant legally responsible for the harm they suffered. Every person must exercise a duty of care under a given set of circumstances. For instance, both drivers and pedestrians must follow traffic laws and the rules of the road when using streets, crosswalks, or highways. If person A doesn’t act with reasonable care and causes harm to person B, then person A will be found negligent in court, regardless of who was driving and walking. Continue reading to learn more about determining fault in a pedestrian accident case. How Can a Pedestrian Cause an Accident? Typically, car accidents involving pedestrians end with a disparity of damage, meaning the pedestrian may suffer significant injuries, whereas the driver may go unscathed. It’s easy to see why most people believe drivers are always responsible for collisions. However, a pedestrian may cause an accident in several ways, which include the following: Jaywalking: Pedestrians must cross as directed in designated crossing zones; otherwise, they can only cross if they won’t obstruct traffic. Wearing dark clothes while walking Negligently or intentionally throwing objects onto the road or near the traveling lane Failing to look both ways when crossing the street Entering into a crosswalk when traffic signals indicate to wait Darting into the road to pick up an item Attempting to distract a driver Crossing the street while intoxicated For example, a Colorado man was struck by a car when he tried crossing the street in dark attire. The driver couldn’t see the man, and law enforcement determined the accident was the pedestrian’s fault. Determining Fault in Pedestrian Accidents Of course, there are some accidents in which a driver is clearly at fault for striking a pedestrian. Failing to stop at a designated crosswalk, running a stoplight, and making a right turn on a red light as a pedestrian is crossing are some examples. At the same time, pedestrians may have a better chance of avoiding accidents compared to drivers. It’s rare for a car accident involving a pedestrian to occur outside the roadway. Furthermore, a pedestrian can determine whether they should exit a sidewalk or road shoulder to enter a roadway. Still, determining fault is complex, so every state uses a contributory or comparative negligence system. Shared Fault in Pedestrian Accidents Sometimes, both a driver and pedestrian are to blame for an accident. The result of a personal injury lawsuit where both the pedestrian and driver are culpable varies from state to state. Let’s explore these laws: Contributory Negligence: If the defendant can demonstrate the plaintiff’s negligence contributed to the accident in any capacity, even if it’s just one percent, the plaintiff becomes ineligible to receive compensation from the defendant. Only a handful of states, such as Maryland, Alabama, Virginia, Washington, and North Carolina, practice this rule. Comparative Negligence: This rule allocates fault between both parties. For instance, if the plaintiff is partly at fault for an accident, then the defendant’s liability may be reduced but not eliminated. Here are the two variations of the comparative negligence system: Pure Comparative Negligence: Liability is split based on the percentage of fault. Let’s say the pedestrian is found 30 percent responsible, and the driver is 70 percent at fault. If the pedestrian’s damages equal $10,000, then the driver must pay them $7,000. Modified Comparative Negligence: Liability is split according to the percentage of fault, but only to a degree. If a plaintiff meets or exceeds this threshold, they may not be able to receive recovery. Generally, this limit is 50 percent, so if a plaintiff is more than 50 percent at fault, they don’t qualify for compensation. Utah uses the Modified Comparative Negligence rule to establish fault. Flickinger Sutterfield & Boulton is Here for You If you were recently involved in an accident caused by a pedestrian, it might be difficult to prove it’s their fault. An experienced personal injury attorney from Flickinger Sutterfield & Boulton can help you collect proof to hold the negligent pedestrian accountable. There are no upfront fees for hiring an attorney from our firm. We have offices throughout Utah County, as well as West Jordan. Schedule your free case evaluation today.
What Are Some Things I Should Know About Medical Malpractice
Medical malpractice occurs when a doctor or other medical practitioner inadvertently harms their patients. Although state rules regarding medical malpractice claims vary, some principles and broad categories of rules apply to most cases. Below are some statistics on medical malpractice. Medical Malpractice Statistics Medical malpractice is a safety hazard in the U.S. that results in thousands of injuries and deaths every year. Here are a few facts to keep in mind, provided by the Medical Malpractice Center: Medical negligence is the third leading cause of death in the U.S. There are approximately 100,000 deaths every year in the U.S. as a result of misdiagnosis. Preventable mistakes during surgery result in approximately 200,000 deaths each year. Almost every medical doctor will face a lawsuit sometime during their medical career. Malpractice results in stress for doctors, often leading to early-career burn-out and depression. Medical negligence can occur during diagnosis, treatment, or when your surgeon gives you postoperative advice. One out of every three patients will be a victim of medical error during their hospital stay. Continue reading to learn about the most common types of medical malpractice. Common Medical Errors A variety of situations can lead to a medical malpractice error, from a surgeon leaving a sponge inside a patient during an operation to failing to inform a patient about a medication’s side effects. Most medical malpractice claims fall into one of the following categories: Improper treatment: If a doctor treats a patient in a way that no other licensed professional would, they may be able to file a medical malpractice claim. Similarly, it may also be malpractice if a doctor uses adequate treatment, but administers it negligently. Failure to diagnose: If a different doctor discovered the patient’s ailment and made a different diagnosis, then the patient may have a viable medical malpractice case—particularly if the other doctor’s diagnosis would have resulted in a better outcome. Failure to warn a patient of risks: A doctor has the duty of care to inform patients of the associated risks of a procedure or treatment, known as the duty of informed consent. If a patient would have elected not to go through with the procedure once they were informed of the risks, the doctor may be held liable for medical negligence if the patient experiences injuries. The Statute of Limitations Every state has a set of rules and procedures for medical malpractice claims. For instance, you must file a claim quickly, usually between six months and two years, depending on the state. This period is called the statute of limitations; if you don’t file the lawsuit within the specified time frame, the court will dismiss your case, regardless of the facts. The statute of limitations for medical malpractice cases is two years in Utah. Flickinger Sutterfield & Boulton Can Help Surviving a medical malpractice experience can be traumatizing, and you deserve compensation at a minimum. The experienced personal injury attorneys at Flickinger Sutterfield & Boulton can help you pursue a personal injury case to ensure you receive damages. Schedule your free case evaluation today.
Do Car Accidents Show up on Background Checks?
Car accidents, speeding tickets, and illegal parking can impact your finances and career prospects. An estimated 70 percent of employers conduct background checks on potential hires, according to Forbes. If you work as a cab or truck driver, you could face difficulties if you’re involved in an accident. Find out more about background checks as they pertain to car accidents. What Does a Background Check Consist Of? Background checks, which can include criminal, credit, bankruptcy, educational, and driving history checks, cover different lengths of time in a candidate’s personal history. Generally, these checks include seven years of criminal and court records, but they can sometimes go back further depending on compliance laws. Car accidents and other traffic violations show up as a criminal citation or when your employer checks your driving record. In today’s blog, we will discuss how a traffic violation can impact your future. Can a Traffic Violation Narrow My Job Prospects? Car accidents and other traffic violations can impact your job search, but only to a certain extent. Whether an accident or citation will affect your chances depends on the type of job and violation. If the position doesn’t involve driving, then you may have a better chance of landing the job. However, if your traffic violation is a criminal offense, it might prevent you from getting it. Bear in mind that unpaid fines for civil violations can also show up as a criminal citation. Keep these factors in mind when you’re doing a job search: How severe was the violation? Receiving a speeding ticket for driving five miles over the speed limit isn’t as damaging as receiving one for driving ten miles over. How long ago was the violation? Since most violations disappear off your record after seven years, the longer ago it was, the better your chances are at attaining the job. Have you gotten multiple violations in a short time frame? Being a perpetual offender can be a red flag for most employers. Have you paid your violation fines? Ignoring civil penalties can lead to a violation, leading to a criminal offense. By failing to pay, you might also lose your driver’s license. What are the traffic violation policies of the company you’re applying to? Every company has different policies on traffic violations. Understanding them ahead of time will help you determine if your prior offenses may be a problem. What Can I Do to Land a Job? You may be worried about past car accidents and other road infractions impacting your job opportunities. Here are some ways you can improve your chances of getting a job: Drive safely: Being a careful driver can prevent you from getting into another accident and from committing other violations. Pay your fines: Unless you’re going to contest the ticket, be sure to pay it as soon as possible. Be prepared to explain the violation: Tell your potential employer that you’ve learned your lesson, and you’re now a safer driver. Flickinger Sutterfield & Boulton Can Help If you were involved in a car accident that wasn’t your fault, then it shouldn’t show up on your record. The experienced personal injury attorneys at Flickinger Sutterfield & Boulton can hold the negligent driver accountable so that your driving record doesn’t suffer. You may also be eligible for compensation. We have offices in both Salt Lake and Utah County. Schedule your free case evaluation.
What are the Most Common Physical Symptoms after a Car Accident?
An estimated 8,000 people are injured each day due to reckless driving, according to the National Highway Traffic Safety Administration. Car collisions can vary from minor to severe, and most victims don’t feel their injuries until days or weeks after the accident. Below are the most common causes of car accidents in the U.S. Leading Causes of Car Accidents The primary causes of car collisions in the U.S. are: Distracted driving Drunk driving Ignoring speed limits Reckless driving Driving in poor weather Driving past red lights Driving at night Driving carefully is crucial because the second you take the wheel, you’re responsible for your passengers’ lives. Still, many individuals and families suffer a significant amount of loss due to these accidents. Continue reading to learn about the most common physical symptoms after a car collision. Headaches Most people experience headaches after an accident, and some don’t feel them until weeks after. For instance, you might be feeling well for a few days, only to wake up to a migraine one morning. The following can trigger severe headaches after a car accident: Whiplash Neck or shoulder tension Traumatic brain injury Concussion Anxiety or PTSD A headache can range from a small annoyance to an underlying symptom of a more serious condition. Shoulder, Neck, and Back Pain You might experience shoulder, neck, and back pain after an accident. Unfortunately, these pains may suddenly impact you, even after you thought you fully recovered. Moreover, these pains may trickle down to your arms and legs. Some of the causes of these pains include: Stress Muscle tension Injured joints, tendons, or muscles Tissue or nerve damage Bruising Most bruises appear after experiencing damage to your capillaries, which are the microscopic blood vessels under your skin. You won’t be able to see the full damage immediately because it takes a few days for these vessels to reach your skin’s surface. Fortunately, most bruising heals on its own; however, severe car collisions can damage internal organs so that you may need medical attention. Consult with your doctor if you’re experiencing bruising, tenderness, and discoloration that won’t go away. Abdominal Pain If you wore a seatbelt at the time of your crash, there’s a chance it harmed your stomach. A tight seatbelt coupled with the impact of a collision can bruise or cause other physical trauma to your stomach. If you’re experiencing nausea, you may have internal bleeding. Visit your doctor immediately. Swelling Swelling is common after experiencing bodily trauma, and you might be experiencing it due to tissue damage, pulled muscles, sprains, whiplash, and more. Swollen body parts can result in stiffness, making it a challenge to get out of bed. Fortunately, you can remedy your swelling by elevating the area (if possible) and icing it. However, if this symptom persists, you may need to visit a physical therapist. Trouble Concentrating The stress, shock, or head injuries from a car accident can leave you feeling hazy, making it difficult to remember things. If you’re experiencing confusion or are unable to stay focused, you should see your doctor to find out if you have any mental health issues they must address. Why Do Some Symptoms Show up Late? A person must process shock after a car accident, but unfortunately, they might not give themselves time to think about their feelings. Many of them immediately think about how to handle the situation, typically resulting in stress about finances. Furthermore, most people’s “fight or flight” hormones activate after a crash. These hormones can help you stay alert, but they might also suppress your pain. You might not feel your physical pain until your stress hormones balance back out. It’s crucial to monitor yourself for worsening pain weeks after the accident. How Long Does Recovery Take? Recovery time depends on the severity of the accident and your injuries. It can take someone days, weeks, months, or even years to heal fully. You can improve your recovery time by doing the following: Seeking treatment right after your crash Sticking to your doctor’s advice Looking into physical therapy Getting eight hours of sleep per night Eating a healthy diet packed with nutrients Reducing stress Flicking Satterfield & Bolton is Here for You If you were recently involved in a car accident that left you with injuries, you might be eligible for compensation. Dealing with an insurance claim while you’re trying to recover will be a lot to take on. You can work with an experienced personal injury attorney from Flicking Satterfield & Bolton, who can help ensure you receive damages. Schedule your free case evaluation today.
Are Motorcycles Worth The Risk?
For most motorcyclists, nothing compares to the thrill of riding out on the open road. Some riders appreciate the aesthetic of a high-quality bike, and others are passionate about the sense of freedom they experience. Many people don’t understand why anyone would want to ride a motorcycle because of the associated risks. Discover the potential dangers of motorcycle riding. Motorcycle Riding Can Be Dangerous Riding any vehicle, whether it’s a car or motorcycle, is inherently dangerous. However, motorcyclists have a heightened risk of sustaining severe injuries when they’re involved in collisions. Truck and car drivers are at least protected by a roof and doors, whereas motorcyclists lack structural support; this can result in head injury. Still, seasoned riders maintain that riding their motorcycle is one of the best feelings in the world. Learn more about motorcycle riding to see if it’s right for you. Characteristics of a Good Motorcyclist If you possess these three traits, then motorcycling may be right for you: You have self-discipline: At the heart of motorcycling is technique and control. Novice riders understand they must start small before taking on the road. It’s best to begin your journey by doing U-turns around a cone in a parking lot since it teaches body and head positioning as well as clutch and throttle control. Although this activity is mundane, you must master the basics so that you can become a confident rider. You’re always willing to learn: Passing your motorcyclist safety course and obtaining your motorcycle license is a promising start. However, there’s no statistical evidence that proves safety courses can make you a safe rider. The only way to be a safer rider is by following this equation: Extensive Personal Practice + Advanced Riding Courses = Enhanced Safety. You must be able to acknowledge there’s always room to grow as a rider. You can manage your expectations: The most common misconception about motorcycling is that it’s all about power and speed; however, expert riders know it’s all about confidence and control. Develop these two skills first, and your speed will naturally increase. Additionally, you should learn how to ride a slow bike first, and then you can graduate to a faster one. Mitigating Risks Sadly, there will always be risk factors outside of a rider’s control, such as bad weather, bumpy gravel, potholes, and reckless motorcyclists. However, there are a few ones you can control: Avoid riding when it’s too hot. Chances are, the sun will obstruct your view of the road. Never assume other drivers can see you. Avoid riding in groups until you’re confident in your skills. Many motorcyclists who ride in packs tend to imitate the rider in front of them, and sometimes, they push themselves beyond their limit. Flickinger Sutterfield & Boulton is Here for You Motorcycles are as safe as the people riding them. If you were recently involved in a motorcycle accident that left you injured, you might be eligible for compensation. An experienced personal injury attorney from Flickinger Sutterfield & Boulton can help you win your case. Schedule your free case evaluation today.
Statistics on Texting While Driving
Most people try to manage the complexity of their lives by multitasking. Whether eating while driving or sending a text at a stoplight, drivers are trying to complete multiple tasks during a time where their sole focus should be on the road. Continue reading to learn more about the dangers of distracted driving. General Information on Distracted Driving Distracted driving is any activity that diverts attention from driving, which includes texting, talking on the phone, eating, drinking, fiddling with your navigation system, among other tasks. Texting is the most hazardous distraction. Even if you’re only texting for five seconds, it’s the equivalent of driving through a football field with your eyes closed. In 2018, approximately 3,000 people were killed in car accidents involving distracted drivers, according to the National Highway Traffic Safety Administration. Discover more distracted driving statistics below. Why is Texting While Driving Dangerous? You may think texting while driving isn’t a big deal because of how quick it is, but this activity incorporates the three types of distracted driving: Visual: Taking your eyes off the road Manual: Taking your hands off the wheel Cognitive: Taking your mind off of driving Your eyes are on your phone, so they can’t be on the road. Your hands are on your phone, so they can’t be on your wheel. Your mind is on the text you’re replying to, so you’re not paying attention to your surroundings. Distracted Driving Statistics Here’s a list of distracted driving statistics as it pertains to cell phone usage provided by the National Safety Council (NSC): Cell Phone use while driving results in over 1.7 million crashes every year. Approximately 400,000 injuries occur each year from accidents caused by texting and driving. One out of every four accidents in the U.S. is caused by texting behind the wheel. Texting while driving is six times more likely to result in an accident than drunk driving. Responding to a text takes approximately ten seconds. It only takes one second to end up in a collision. Of all cell phone related tasks, texting is the most dangerous one. Ninety-four percent of Americans support banning this practice at the federal level. Seventy-four percent of drivers support a nationwide ban on hand-held cell phone usage. Teen Distracted Driving Statistics Here are distracted driving statistics provided by the NSC as it relates to teenagers: Twenty-one percent of teen drivers involved in deadly collisions were distracted by their cell phones. Ninety-four percent of teen drivers acknowledge the dangers of texting while driving, but 35 percent admitted to doing it anyway. Teenagers are four times more likely than adults to get into a car crash when talking or texting. A teenager with one passenger doubles their risk of getting into a fatal car accident. The risk becomes five times more likely if they have multiple passengers. Flickinger Sutterfield & Boulton is Here for You Unfortunately, even if you refuse to text and drive, other drivers aren’t as considerate. If you were recently involved in a car accident that left you injured, you might be eligible for compensation. The experienced personal injury attorneys at Flickinger Sutterfield & Boulton can hold the negligent driver accountable in court. Schedule your free case evaluation today.
How Often Do Construction Workers Die?
If you’re a construction worker, you probably assume your employer has taken care of all safety precautions. You may also believe all your coworkers are adequately trained and are using equipment correctly, so you’re not in danger. However, thousands of workers are injured on the job each year, and many of these injuries result in fatalities. Discover construction worker injury and death statistics below. Construction Worker Injury and Death Statistics Here’s a breakdown of construction industry statistics, according to IMEC Technologies: There are over 10 million workers in the U.S. construction industry Eight-teen workers out of every 100,000 will be injured Over 1,000 workers die each year Forty-three percent of construction workers plan to work past age 65 Sixty percent of OSHA (Occupational Safety and Health Administration) inspections are in the construction industry The number of deaths in the construction industry is projected to rise Keep reading to learn about the top four most dangerous jobs within the industry. The Fatal Four OSHA identifies the leading causes of death in the construction industry as “the fatal four.” Unfortunately, the fatal four always claim spots in OSHA’s annual top ten list of workplace violations. OSHA states that eliminating these four hazards in the industry can save over 630 lives every year: One: Falls, which result in around 400 deaths every year Two: Being struck by an object, which claims about 100 lives every year Three: Electrocution, which claims approximately 100 lives each year Four: Being caught in between heavy machinery, which results in around 100 deaths every year 1. Falls The leading cause of construction workplace deaths is falls. Each year, more than 100,000 injuries are due to work-related falls. The different heights at which employees must enforce fall protection are: Six feet, which requires general fall protection Ten feet, which requires scaffolds Thirty feet, which requires a steel erection If a worker is performing a job at one of the heights listed above, their employers must enforce the following systems: Covers Guardrail systems Personal Fall Arrest (PFA) systems It’s your employer’s responsibility to identify fall hazards, such as holes in platforms and unsecured edges, before allowing you to work. 2. Struck-by-Object A struck-by hazard is any object at a workplace that can result in fatal injuries by forcible contact between a worker and a piece of equipment. Sadly, many construction companies find it challenging to protect their workers from flying objects because they may not be participating in the work that causes the objects to fly. It’s the employer’s responsibility to ensure their workers are wearing personal protective equipment (PPE) at the worksite. There are four struck-by hazard categories: Falling object Flying object Rolling object Swinging object According to OSHA, construction companies must: Comply with all heavy equipment, motor vehicle, and general requirements detailed in OSHA’s standards Provide adequate PPE for all employees, which includes high-visibility clothes Provide required training for vehicles and equipment Review the qualifications of operators and signal persons 3. Electrocution OSHA recommends electricians do the following to stay safe: Locate and identify utilities before starting work Look for overhead power lines when operating machinery Maintain a safe distance from power lines Use ground-fault surge protectors Watch out for electrical hazards when working from ladders, scaffolds, and other platforms 4. Being Caught in Between Objects Excavation and trench cave-ins and other accidents where workers are caught-between machinery can happen without warning. Do the following to avoid being caught in between objects: Never position yourself between fixed objects Avoid entering unprotected trenches that are deeper than five feet without an adequate protective system in place Make sure the trench is protected by sloping, shoring, benching, or trench shield systems Frequently Asked Questions Q: I was recently injured at my workplace. What should I do? A: Look into your legal options. You may be able to file a personal injury lawsuit and a workers’ compensation claim. Q: What’s the difference between a personal injury lawsuit and a workers’ compensation claim? A: The primary difference between the two is the fault requirements and types of compensation available. Q: Is my employer legally responsible? A: Liability for the injury depends on the details of the accident, but if your employer is found negligent, they owe you compensation. Flickinger Sutterfield & Boulton Is Here for You If you or a loved one were injured in a construction accident, it’s worth pursuing compensation. The experienced construction accident attorneys at Flickinger Sutterfield & Boulton can help you hold your negligent employer accountable so that you can receive damages. Our law firm is still operating during the COVID-19 pandemic, so feel free to schedule a free case evaluation.