HPC BLOG
What Is The Age Of Consent In Utah?
With recent numbers going up when it comes to unlawful sexual conduct prosecutions, people have questions concerning the Utah age of consent laws. The age of consent refers to the minimum age for which an individual is legally old enough to consent or agree to sexual activities. These kinds of sexual conduct crimes are seldom committed by strangers. Most of these allegations are against a neighbor, trusted family friend, teacher, co-worker, babysitter, or merely an acquaintance. These criminal charges can carry serious consequences in Utah so it’s important to understand the laws and penalties associated.
What is the age of consent in Utah?
In the state of Utah, the age of consent is 18 years old. The crime occurs when an adult has unlawful sexual conduct with a minor who is either 16 or 17 years of age. The sexual conduct wouldn’t be considered a crime except for the statute states that the child is too young to consent.
Romeo and Juliet Law Utah
In Utah, there is a Romeo and Juliet exemption named after the young lovers in Shakespeare’s “Romeo and Juliet” play. This exemption is intended to prevent serious charges against teenagers who engage in consensual sex with others close to their own age. The Romeo and Juliet exemption are for minors who are close in age but one party is a minor. However, the defendant is fewer than 7 or 10 years older than the minor.
This means that if there was actual consent and both are within three years of age, then one could plead that as an affirmative defense. The defendant would then have to prove that the sexual conduct was completely consensual. With that said, teens who engage in consensual sexual acts can still face criminal charges for unlawful adolescent sexual activity. This is the case even if both parties involved are minors.
Mistake of Age and Statutory Rape
In the state of Utah, it’s against the law for someone over 18 years old to have sex with a minor, even if the sex is consensual. This is considered statutory rape. Even though statutory rape doesn’t require proof of assault, it’s still rape. Defendants accused of statutory rape often claim that they didn’t know their sexual partner was underage. They may even argue that the victim misrepresented his or her age as older than they were. But under most circumstances, a mistake of age is not a defense to a statutory rape charge.
If the victim was above the age of 16, (17) then a defendant can use the defense that he or she reasonably believed the minor was 18 years of age at the time the incident happened.
What is unlawful sexual conduct with a minor in Utah?
Unlawful sexual activity with a minor includes intercourse, penetration, or oral sex between a minor who is 14-15 years old and a defendant who is 18 or older. If the defendant was less than 4 years older than the minor, the offense is considered a class B misdemeanor and is punishable by up to 6 months in jail, a fine of up to $1000, or both. However, if the defendant is more than 4 years older than the minor, the offense is a third-degree felony which can be up to 5 years in prison, a hefty fine of $5000, or both.
Possible charges under Utah rape law
Statutory rape laws and penalties are determined by the ages of both the defendant and victim as well as the circumstances of the crime. Third-degree rape is a class C felony with a maximum prison sentence of up to 5 years in prison. If the minor is under 14, the charges are considered a Class B felony, or second-degree felony.
If however, the minor is 12 years old, the defendant can be charged with rape in the first degree which is the same as a Class A felony. A first-degree rape charge can also take place even if the person is 18 years or older but is incapable of consent. This could be because of physical helplessness, mental defense, or mental incapacitation.
Penalties for each law
- Rape of a child who is 13 or younger and the defendant is 18 or older is a first-degree felony and is punishable by at least 6 years (and up to life) in prison, a fine of up to $10,000, or both.
- Unlawful sexual conduct involving only touching is a class A misdemeanor, punishable by up to one year in prison, a fine of as much as $2500, or both. Otherwise, the offense is a third-degree felony, punishable by up to five years in prison, a fine of $5000, or both.
- Unlawful sexual activity with a minor includes intercourse, penetration, or oral sex between a 14-15 year old minor and a
defendant who is 18 or older. If the defendant was fewer than 4 years older than the victim, it’s a class B misdemeanor. Otherwise, the offense is a third-degree felony, punishable by up to five years in prison, a fine of $5000, or both.
Possible defenses for a Utah rape charge
- If the mental ability to consent isn’t due to the minor’s age, meaning the person is older than 18 and has a mental defect, that person may raise a defense that they did not know of the mental condition or that the victim was mentally unable to consent.
- In a case of statutory rape or rape in the third degree, it doesn’t work as a defense for the defendant to say he didn’t know the age of the child if the victim was under 16 years of age. This can however be a defense if the victim was 17 and the defendant reasonably believed he or she was 18 or older.
- The mental capacity of the person charged with the rape can also be a defense if his or her ability to know whether or not the other party had consented to the sexual activity or not.
Criminal procedure when charged with a rape crime
The criminal process can be complex and difficult for most individuals to navigate. The average person just doesn’t understand how criminal procedure works. For this reason, it’s best to speak to an experienced criminal defense attorney who can assist in your defense or mitigating circumstances.
The initial criminal process in a rape case involves proceedings where individuals are read their charges as well as their rights. The court may also determine whether or not they feel the defendant should be detained due to the danger he or she may pose to the community. This may include imposing a bond amount.
There will then be a proceeding to determine if there is enough evidence in the case to hold a trial. The State and the Defendant go through a process where all evidence gathered by the State is disclosed. This may include police reports, interviews, rape kits, witness statements, DNA kits, recordings, text messages, social media communication, and video evidence. The Defendant also discloses any evidence they may have acquired for their defense at this time.
Experts may be brought in to testify of the validity of the rape kit used during the investigation and to help determine if there was indeed consent.
Conclusion: Utah Age of Consent Laws
At Harris, Preston, and Chambers, we understand the severity of sexual consent cases and how traumatic they can be for everyone involved. Reach out to our firm today for a consultation on what our criminal defense team can do to help. Our
An experienced law firm can often negotiate with the prosecutor resulting in a reduction of penalties or a lesser charge. If you or a loved one are facing a statutory rape charge, you’ll need excellent representation to walk the path with you.
What to Do After a Pedestrian Car Accident in Utah
With all the distractions facing drivers these days, the chances of a person being hit by a car in Utah are definitely on the rise. If you’re involved in a pedestrian accident, it’s important to know what to do next according to Utah laws. Being aware of how injuries and damages are compensated as well as the basic rules of fault is extremely important.
However, avoiding this kind of highly dangerous accident in the first place should be your number one priority. Obviously, an accident involving two vehicles is scary but it’s no surprise that injuries and even fatalities can result at a higher rate when a vehicle collides with an actual person.
If you live in Utah and have been involved in a pedestrian car accident, we can help. Click the button below to get your free legal consultation.
What should you do right after a pedestrian accident?
No matter what kind of accident you’re involved in, it’s natural to be flustered and upset. In this state of mind, it can be difficult to remain calm and handle the situation in the safest manner. However, there are some basic steps to follow that can be useful and even save lives.
1. Get Everyone to Safety
Before you do anything else, make certain anyone injured is taken to a place of safety. Don’t attempt to administer medical treatment beyond the basic requirements of CPR. Call for medical help and stay with the pedestrian until help arrives. Do not move them if they are seriously injured or unconscious.
2. Call the Police
If you’ve hit a pedestrian, call the police. This step is required by law in most states. It’s also imperative that you never leave the scene of the accident until after they have arrived. Doing so could be considered a hit-and-run and could lead to serious legal consequences involving criminal charges.
3. Document the Accident
Documenting the details of the accident while they are fresh in your mind is very important. This information will be extremely useful when it comes to filing an insurance claim. Here are a few of the most vital pieces of information to take note of:
- Name and badge number of the police officers at the scene
- Time, date, location, road, and weather conditions at the time of the accident
- Your version of how the accident happened
- Contact information of the pedestrian as well as any witnesses to the accident
- Take several photos of the accident scene such as vehicle damages, injuries, and road marks left by vehicles
4. Don’t Discuss Fault
No doubt you may be in a state of shock after hitting a pedestrian. However, remaining calm and in control is very important. You may not have a full understanding of all the facts and may end up assuming liability for an accident that wasn’t your fault. Be careful what you say and don’t apologize or admit it was your fault. Avoid talking extensively with the pedestrian or their friends and family members. There is the possibility that the police and insurance company will find the pedestrian at fault for reasons such as jaywalking.
Be honest when relaying your version of the story. If you were on your phone or breaking traffic laws, it will do you no good to lie about it or cover them up in the long run.
5. Contact Your Insurance Company
Contact your insurance company as soon as possible following an accident. They can help you understand your coverage as well as communicate with the pedestrian’s attorney on your behalf.
6. Seek Legal Assistance
Before taking legal action or negotiating a settlement on your own, talk to a trusted attorney about your case. Having representation by your side can protect your rights in a situation that can prove extremely complicated.
Who is at fault?
It isn’t always easy to figure out who is at fault when a driver hits a pedestrian. Fault is quite often determined by the law of negligence. Simply stated, this means a person who fails to show responsible care given the circumstances, may be considered “negligent.”
In the state of Utah, negligence and traffic laws require that drivers pay attention to their surroundings and heed hazards on the roadway. Even in the case of hitting the pedestrian not using a designated crosswalk, the driver wasn’t paying attention to their surroundings or heeding the hazards on the roadway. In this instance, the hazard was the pedestrian. Motorists have a legal responsibility to notice and avoid hazards on the road to provide safety.
If a pedestrian is struck by a vehicle in Utah using a legal crosswalk, the crash will almost always be the fault of the driver. Unless the pedestrian simply ran out recklessly onto the roadway, the driver will claim responsibility.
Jaywalking is illegal in the state of Utah. The pedestrian is required to use common sense and marked crosswalks. If they are not paying attention and cross the street without using a crosswalk, the pedestrian is likely to lose their case against the driver.
What happens if you hit a homeless person in Utah?
What happens when a homeless person is involved in a pedestrian accident? The first step is to make sure they receive the medical care they need. Then, find out their identity and file a police report if you believe them to be at fault.
In some instances, a homeless person may try to sue the driver for damages if they feel the driver is at fault. As the driver, thoroughly document the accident as well as get witness statements. If you don’t report the accident you were responsible for, there may be serious legal repercussions in the future. Contact an automobile accident attorney in Utah for legal advice and insight.
What if I hit a pedestrian with my car but he receives no injuries?
In most cases when a pedestrian is hit by a moving vehicle, there are serious injuries or even death. But there are cases where a pedestrian was struck by a motor vehicle and no injuries or damage was inflicted. In these instances, no criminal or civil penalties are extended for either party. However, some injuries may not manifest themselves right away. Adrenaline kicks in and the pedestrian may not fully understand or comprehend damages such as internal bleeding or soft tissue bruising. This is why police reports at the scene of the accident are so crucial. Both parties leave the scene with contact information should they wish to proceed with filing a claim against the other party.
If the vehicle in a pedestrian accident is damaged but the pedestrian sustains no obvious injuries, a report showing evidence of the pedestrian appearing suddenly in front of the driver may help the driver file a claim with their insurance.
How to handle insurance and police reports
The police at the scene will take statements from the pedestrian, driver, and any witnesses involved to determine who was at fault. The police report could indicate which party the officer believes to be at fault on the spot or request a detailed investigation of the accident. Auto insurance companies may dispute the initial findings and send an insurance adjuster to the scene of the accident. He may also examine injuries and property damage shortly after the accident. This would be a good time to reach out to an attorney who can fight for your rights while walking this uncharted path.
What To Do After A Pedestrian Car Accident in Utah Conclusion
Both car drivers and pedestrians have a responsibility to look out for each other on the road. If you’ve been involved in a pedestrian accident, it’s in your best interest to contact a local attorney to advise you of your legal rights and help you gather evidence to prove you were not at fault. Harris, Preston, and Chambers have the experience and knowledge to assist you while navigating the complicated legal system and will fight tirelessly for your rights.
Click here to get your free consultation and speak to one of our personal injury lawyers in Utah.
Top 10 Most Dangerous Roads in Utah
From the majestic Wasatch Mountains to the sheer red rock of Zion National Park, Utah is known for its diverse scenic beauty. In fact, tourists come from around the world to see the wonders our state has to offer. But with that beauty comes danger. Many of our state roads are constantly cluttered with construction. Some roads go through winding canyons with steep slopes. And some roads are congested with traffic that can make driving conditions difficult.
Whether you’re a resident Utahn or a tourist to our great state, make sure you drive with extra caution on the following most dangerous roads in Utah. If you’ve been in an accident and need an injury lawyer, click the button below or call us to get a free consultation.
Top 10 Most Dangerous Roads in Utah
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I-15
Running from Sweetgrass, Montana to San Diego, California, this 1400-mile-long highway is a major route for traveling north-south within the state of Utah. Chances are if you’re hearing about a major accident in Utah, it happened on I-15. Here are some of the dangerous conditions you’ll want to watch out for.
Hazards:
- Major traffic
- Construction
- High speeds
First of all, during rush hour traffic, I-15 comes to a standstill in many areas from the top of Ogden to the bottom of Provo. If you’re not paying attention, you could find yourself in a multi-car pileup. Construction to keep up with the demands of a growing state means new traffic patterns, slowdowns, and narrow lanes. Finally, if you’re caught on I-15 during one of Utah’s many winter storms, you’ll need to drive slowly and carefully so you don’t slip off the road.
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US Route 6
US Route 6 is one of the main roads for traveling east-west in the state of Utah. The route, which runs through several states, has a rich history. But the highway is inarguably one of the most dangerous roads in Utah. Here are some of the hazards you’ll encounter.
Hazards:
- Head-on collisions
- High speeds
- Narrow lanes
- Busy truck route
- Winding curves
This rural highway goes through canyons and deserts, with no divider between sides. Truckers use this route to go back and forth from Denver to SLC, and passing one can be very risky. Fatal accidents occur here too frequently. If you’re driving Route 6, make sure to be careful, especially around the mouth of Spanish Fork Canyon.
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I-80
Ranked number 3 in Utah for traffic fatalities, I-80 is an east-west road that spans the entire United States. Near Salt Lake, I-80 passes through the “spaghetti bowl,” a convoluted intersection between I-15, I-80, and SR-201. This portion of I-80 is one of the most crash-prone areas. Keep these hazards in mind when traveling on I-80.
Hazards:
- High speed
- Dangerous winter conditions
- Traffic congestion
- Crash-prone highway
- Animal migration areas
If you’re using I-80, make sure to watch out for sudden slow-downs. Drive with extra caution in inclement weather, and watch out for animals migrating across the roadway.
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Parley’s Canyon
Next on our list of most dangerous roads is Parley’s Canyon. If you’re traveling between Salt Lake and Park City, Parley’s Canyon is the best route to reach your destination. However, the road can be quite dangerous. Here are some of the hazards you’ll encounter when driving through Parley’s Canyon.
Hazards:
- Steep grade
- Dangerous winter conditions
- Semi trucks traveling at slow speeds
- Fast speeds
- Curving roads
This section of I-80 has steep, curving roads. In the summer, the grade in and of itself can be scary. Winter road conditions, however, can make this road treacherous to drive. Be cautious when passing semi-trucks, which likely will be going slowly as they climb the canyon roads.
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I-70
Another east-west interstate, I-70 is next on our list of Utah’s most dangerous roads. Unlike many of the other roads on our list, I-70 goes through no major cities in Utah. The views are beautiful, with mountains and cliffsides, but this road is dangerous for several reasons. Watch out for these hazards while driving I-70.
Hazards:
- Winding turns
- Slow-moving semi-trucks
- No services from Green River to Salinas
If you’re planning to drive on I-70, make sure you gas up before entering the hundred-mile stretch with no services from Green River to Salinas. Follow the speed limit while going up and down steep grades. And if you’re traveling at sunset or sunrise, be especially cautious as you take turns as the angle of the sun can be almost blinding around curves.
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Moki Dugway
Number six on our list of dangerous Utah roads is Moki Dugway, a winding stretch of road on US Highway 261. From Moki Dugway, you’ll see beautiful views of the Valley of the Gods and the San Juan River Canyon. But, for many reasons, the Moki Dugway is as dangerous as it is beautiful.
Hazards:
- Dirt road
- Winding turns
- 11% grade
- Cliffside road with no guard-rails
Driving the Moki Dugway is an experience in itself. But you’ll want to take extra caution as you traverse one of Utah’s most dangerous roads. Make sure to drive slowly up or down this road while you enjoy the view.
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US Highway 89
US Highway 89 is next on our list of dangerous Utah roads. This north-south road goes from Flagstaff, Arizona up to the Canadian border. In Utah, it passes through remote-but-scenic areas, including Zion National Park, Cedar Breaks National Monument, and Bryce Canyon National Park. One of the most dangerous sections of the road runs through Logan Canyon. Cars have crashed into the Logan River, causing fatal injuries.
Hazards:
- Logan River
- Remote locations
- Winding roads
- Winter weather conditions
If you’re planning to visit some of Utah’s most famous national parks, chances are you’ll have to take this beautiful but dangerous US Highway. Make sure you take caution as you travel to your destination.
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I-215
Called the Belt Route by locals, I-215 is eighth on our list of dangerous Utah roads. This highway parallels I-15 before curving east-west to take drivers in a loop around Salt Lake. Considered a connecting route, this road is as useful as it is dangerous. Consider these risky conditions when driving I-215.
Hazards:
- Traffic congestion
- Winter road conditions
- High speeds
I-215 is a busy route that becomes congested with traffic at rush hour. Sudden slowdowns can cause collisions, and winter weather can make the road slippery to drive. Be especially careful when driving during these conditions on I-215.
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Bangerter Highway (SR-154)
With increased development on the west side of the Salt Lake Valley, Bangerter Highway has come to fill the need for better roads. The road runs from the Salt Lake International Airport in the north to Bluffdale in the south, where it connects to I-15. The road was originally built as a high-speed highway with stoplights at intersections but is currently being transformed to function more like a freeway. Bridges and on-ramps have been built at many of the busiest intersections, with more planned. Here are some of the dangers of driving on Bangerter Highway.
Hazards:
- Frequent construction
- Varying traffic patterns
- Stop-and-go traffic
- High speeds
- Traffic congestion
One of the most dangerous aspects of Bangerter Highway might just be the varying traffic patterns at every intersection. Some stoplights are designed in a traditional way, while others have left turns crossing to the extreme far left. Pay careful attention to signs to make sure you don’t make a potentially-fatal move.
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I-84
Last on our list of dangerous roads is I-84. Compared to other states it runs through, I-84 only has a short segment in Utah, totaling about 120 miles from Echo, Utah to the Idaho state border. I-84 runs concurrently with I-15 for about 30 miles, from Brigham City to Tremonton. If you’re traveling on I-84, you’ll want to watch for these hazards.
Hazards:
- Major usage by semi-trucks
- Winter weather conditions
- Remote sections of road
Long stretches of I-84 go through remote areas with limited access to services. Winter weather can also be severe, especially near Snowville. You’ll also want to watch out for semi-trucks, which make up to 50% of the traffic on this roadway.
Most Dangerous Roads in Utah Conclusion
Even the best of drivers can find themselves in dangerous situations on these roads. If you or a loved one have been injured in a car accident, we’re here to help. We take on the work of getting you fairly compensated so you can focus on resting and rehabilitating.
We work with you throughout the entire process, whether you’re the victim or the accused. Call us today at (435) 752-3551 for a consultation. Brett Chambers is one of the best car accident lawyers in Utah. Let us help you get the compensation you deserve!
How Long Does a Car Accident Settlement Take?
A friend was recently rear-ended in a multi-car collision in Wasatch Front. They are visibly shaken up, have no idea how they will get to and from work and are starting to experience neck and back pain from the crash. They considered calling a lawyer, but how long does a Utah car accident settlement take? If you’ve been in a car accident and need a lawyer, click the button below to get a free consultation with us.
Should You Report a Fender Bender to Insurance?
You should most definitely speak to a licensed attorney after a Utah car accident. Even if the other driver says they are okay and even if only a slight amount of damage occurred, you must report the accident to your car insurance company. Failing to report a collision can result in loss of your insurance coverage. In addition, let’s say that you and the other driver agree not to report the accident, and simply to exchange cash for damages. The other driver pays you cash (with no way to prove it) and then later that day calls their insurance company to report the accident, claiming you were at fault. Now the accident investigation could be drawn out due to a dispute of liability.
When Should You Get an Attorney for a Cache Valley Car Accident?
After you have reported the accident to police, and obtained emergency medical attention if necessary, you should call a Cache Valley personal injury attorney. Even if you believe your potential case is not worth the effort, calling an attorney can help you identify if you do have a claim for damages. An attorney can help walk you through the process of a typical personal injury claim and explain what types of damages to which you may be entitled.
Why the Insurance Company is Not Working in Your Best Interest
Most importantly, even if you are not at fault in the accident, the other driver’s insurance company wants to settle the claim for the least amount possible. It has nothing to do with what you may truly be entitled to, and what they offer may barely cover the cost of repairing or replacing your car. If it is totaled, you might only be approved for a car rental for a couple days, and in the meantime, you are left without a way to get to work or school.
The insurance company might claim that you have to see their collision expert for damages, only for the estimator to under-value the cost of replacement parts or repairs. What the insurance company will not tell you is that you can get an independent collision estimate from another car mechanic or collision expert. If you were injured in a Utah car accident through no fault of your own, you should be made whole. This means you should receive the full value of the car that was totaled or complete repairs.
How Long After a Car Accident Should You Seek Medical Treatment?
Often right after a car accident, the parties may be feeding off adrenaline because of the trauma. Many times a plaintiff does not realize how hurt they are until the next day or several days later. Inflammation from a soft tissue or joint injury can take several days to manifest. In addition, internal bruising and other more serious medical issues like a concussion may not be readily apparent at the accident scene. The best way to protect yourself is to seek emergency medical attention after the scene of an accident.
If you refuse transport via EMS at the scene, it is not too late to visit your primary care doctor or an urgent care physician to determine if you are showing signs of an injury. You may need to be referred to an orthopedist or physical therapist for evaluation and treatment. If showing signs of an internal injury, your doctor might order an ultrasound or MRI to rule out internal bleeding or trauma to internal organs.
How Long After a Logan Car Accident Can You Claim Injuries?
Even if your injuries were not readily apparent after a car accident, it is not too late to add a personal injury claim to your case. Plaintiffs in a Utah auto accident case have up to four years after the date of the accident to bring a claim against the defendant and/or the defendant’s insurance company, according to Utah Code § 78B-2-307. This is referred to as a statute of limitations. After the statute of limitations expires, the plaintiff is barred from recovery. If you were injured in a Logan car accident, you should not delay filing a claim so that you may be compensated for your injuries sooner. It is also best to seek a lawyer’s advice while the facts of the accident and what occurred are fresh in your mind.
How Long Does a Utah Car Accident Take to Settle?
The length of a personal injury claim is dependent on several factors. First, both sides need to report the claim to their insurance company. If one party is dragging its feet, this could elongate the process for several months. Perhaps there was a witness to the scene who provided their contact information, but now you cannot reach them. If an accident was exceptionally severe and it is unclear who is at fault, an accident reconstruction expert might need to be consulted. If multiple parties were involved in a multi-vehicle collision, it could take months just to get everyone’s version of events.
If you or a passenger suffered physical injuries, a claim may not move forward in litigation until you have finished obtaining treatment. For many people with soft tissue or joint injuries, they could be attending physical therapy for months or even years to regain mobility and range of motion. If a plaintiff suffered a disability or dismemberment, they may never be finished with treatment. In that case, their attorney would add a claim for future medical expenses in addition to incurred medical expenses.
Other Reasons a Claim Could be Delayed
Lack of Attention to Your Case
If your current attorney is unresponsive or if your case is constantly passed around between junior-level associates at a large firm, your case may not be receiving the attention it deserves. With each passing month, the parties get further away from reaching a potential settlement. Our attorneys at Harris, Preston, and Chambers are a small, local law firm dedicated to opening the lines of communication with our clients. When we take on a case, we make it our mission to keep in constant contact with you, and answer any questions you may have.
The Defendant (or Their Lawyers) is Stalling
Often once a case reaches the negotiation phase of litigation (before or after discovery is complete), the defense may employ stalling tactics. Whether they dodge phone calls, play phone tag or claim they cannot get in contact with their client, our attorneys at Harris, Preston and Chambers have seen it all before. We understand how frustrating it can be to wait for compensation after you have suffered through a car accident and are continuing to delay with debilitating pain. We do everything in our power to expedite a claim for you.
Discovery is More Complicated Than Assumed
If you were involved in a Utah multi-vehicle collision or you saw multiple healthcare providers for treatment, discovery can often be the longest phase of litigation. Discovery is the exchange of evidence, documents, photos, statements and medical records between the parties. Attorneys and their team working on a personal injury case must obtain all of your records, police reports, photos of the accident, photos of the injury, witness statements, and any other pieces of evidence related to your case.
Too often a medical office delays in providing a plaintiff’s records to their attorney despite prior HIPAA authorization. Our lawyers do everything we can to stay on top of your claim, including following up with your providers to obtain records. Sometimes the other side will engage in stalling tactics to delay discovery, but if this is the case, our attorneys at Harris, Preston and Chambers can use litigation strategies (such as a motion to compel discovery) to ensure the exchange of information occurs.
What Happens if You Lose a Car Accident Lawsuit?
Many car accident cases never make it to court, meaning the case settles, but each case is different. If retained, our lawyers at Harris, Preston and Chambers will counsel you on case strategy, and whether or not the defense’s counteroffer is fair or appropriate, but ultimately the decision to settle or go to trial is up to you.
If you choose not to take the defense’s offer and proceed with the trial, it could take months to get a court date assigned, which could be subject to postponement. The fate of your case also lies in the hands of a jury. While juries usually sympathize with the plaintiff in a personal injury claim, there is no guarantee that they would suggest an award that is greater than what the defendant offered in settlement negotiations. In addition, if a plaintiff loses a car accident lawsuit, and their attorney took the case on a contingency basis, the plaintiff does not owe the attorney anything. However, if the plaintiff is successful, their attorney would take a percentage of their recovery to pay fees and expenses incurred.
Contact Our Logan Car Accident Attorneys
If you or a loved one were injured in a Logan car accident, you may have questions about what happens next. While no two personal injury cases are the same, our attorneys at Harris, Preston & Chambers, LLP can walk you through each step of litigation. We can help you determine what your case might be worth and how long you can expect until the case settles. Call us today to schedule a free consultation.
Misdiagnosis vs Missed Diagnosis Meanings
Is a Missed Diagnosis or Misdiagnosis Evidence of Medical Malpractice in Utah?
Visiting the doctor for a chronic illness, unexplained pain or injury is often bewildering. You might be faced with no available appointments or rushed during your consultation. You may feel like the doctor is not listening or reviewing your pertinent medical history or you could just be looking for answers. Unfortunately, doctors do not always get it right.
Did a doctor make an incorrect diagnosis, or did they fail to diagnose an issue that only got worse? Did you have to visit multiple practices before a correct diagnosis? This is sadly common for many patients, but it can have seriously detrimental effects. You may have legal options to pursue if you have suffered due to a doctor’s negligent mistake. Our personal injury attorneys at Harris, Preston & Chambers specialize in Utah medical malpractice claims including missed diagnosis and misdiagnosis. Click the button below to schedule your free consultation or give us a call.
What is a Misdiagnosis?
Misdiagnosis occurs when a doctor or medical provider makes an incorrect diagnosis about a patient’s symptoms, whether it is an injury or illness. Often misdiagnosis happens if a doctor does not believe a patient’s symptoms are indicative of a more serious illness or injury. They may be rushing to see the next patient or fail to review a patient’s medical history before making an assessment.
For example, a patient visits an urgent care clinic complaining of a severe headache and dizziness and the doctor on staff dismisses her. He does not request blood work, conduct neurological tests, or order a CT scan or brain MRI despite the patient complaining of ongoing worsening of symptoms for the past week. He misdiagnoses her with chronic migraine and prescribes prescription-strength ibuprofen. The next day, the patient suffers a severe stroke and loses the use of her left hand and arm. Her life will never be the same again because the doctor misdiagnosed her symptoms.
What Must the Plaintiff Prove for a Medical Malpractice Claim?
Misdiagnosis is one form of medical malpractice. This is because a doctor acted negligently in failing only for her to suffer a heart attack three hours after discharge. The patient passes away because the doctor misdiagnosed her symptoms. It could result in disability, severe injury, or even death. The patient could be given medical advice that is completely incorrect given the condition they are actually suffering with or undergo more harm or pain because the correct treatment was delayed.
In a medical malpractice claim, the plaintiff must prove that the treating physician owed the patient a duty of care and that the doctor acted negligently in rendering medical care, breaching their duty. The plaintiff must prove that the doctor’s misdiagnosis was the proximate cause of their injuries or worsening condition and that they are entitled to damages as a result.
What About a Missed Diagnosis?
A missed diagnosis occurs when a doctor fails to make a diagnosis at all, essentially telling the patient that there is nothing wrong with them. It may also occur if a patient is suffering from more than one issue and the doctor only identifies the cause of the plaintiff’s chief complaint, overlooking another, more serious medical problem.
Often people suffering from autoimmune or chronic pain disorders may have to visit multiple doctors before they obtain the correct diagnosis. For those with multiple sclerosis or rheumatoid arthritis, this waiting period can mean the difference between better quality of life or the progression of severe disability. A doctor might miss a diagnosis in a young patient because they are “too young” to be contracting the illness. They might write off spotting and cramps as normal in a young woman who actually suffers from polycystic ovary syndrome. Or blood work might not indicate cause for concern on an exam, yet the patient is still suffering from unexplained pain.
Is a Missed Diagnosis Considered Medical Malpractice?
There are multiple examples of missed diagnosis, and it can leave the patient feeling defeated and out of options. Each day a patient’s illness or injury is not treated could substantially affect their mobility, independence, and ability to work or care for their children. Doctors do make mistakes, and some of these mistakes could be extremely serious or even deadly.
A doctor’s failure to diagnose an illness in an early stage could result in increased costs, time missed from work, and advanced, more invasive treatment for the patient at a later stage. Even worse, a patient might accept a doctor’s mistaken advice that there is “nothing wrong with them” only to continue to suffer from pain or sickness. While patients might be hesitant to pursue legal action, a Utah doctor’s missed diagnosis is not just a simple mistake but has forever changed the trajectory of a patient’s life. For that reason, a missed diagnosis is considered another form of medical malpractice.
What Damages is a Plaintiff Entitled to?
There is no cap for economic damages due to a misdiagnosis, incorrect diagnosis, or missed diagnosis in Utah. If a plaintiff can produce medical bills accumulated as a result of the doctor’s failure to diagnose their condition or injury correctly, they can seek compensation for those losses. Some plaintiffs have been forced to visit multiple doctors and specialists seeking an answer for chronic pain or a mysterious illness, and with each day that passes by a chronic condition may only worsen.
Plaintiffs are also able to obtain non-economic damages for pain and suffering, emotional distress, and other damages not tied to a bill or invoice. The cap for non-economic damages in Utah is $450,000, according to Utah Code §78B-3-410 (2010). Plaintiffs can also recover damages for lost wages and future lost wages attributed to the defendant’s malpractice and any out-of-pocket medical expenses, rehabilitation, and occupational therapy, or durable medical equipment.
Procedural Steps for Filing a Misdiagnosis or Missed Diagnosis Claim in Utah
The plaintiff must establish that the medical provider failed to render the same level of care that a reasonable practitioner would have dispensed in similar circumstances. In cases of misdiagnosis or missed diagnosis, the plaintiff may rely on testimony from their treating physician and specialists regarding the condition they suffer from, and how their current physician came to that conclusion. They may also rely on extensive medical history and records of treatment after the misdiagnosis or missed diagnosis occurred to prove they are entitled to damages sought.
There are also procedural requirements a plaintiff must adhere when filing a claim in Utah. A plaintiff must file a notice of intent to sue with the physician or hospital defendant at least 90 days prior. The plaintiff then files a request for prelitigation panel review within 60 days of filing the notice of intent, according to Utah Code § 78B-3-416 (2020). A panel is then commissioned to review the plaintiff’s complaint. The panel may subpoena the plaintiff and defendant for medical records related to the claim, and all proceedings remain confidential. Panel proceedings are not binding on litigation but they are required before a medical malpractice claim can move forward in litigation.
Conclusion on Missed Diagnosis vs Misdiagnosis
If you or a loved one were misdiagnosed, mistreated, or neglected by a medical provider, contact our Utah medical malpractice attorneys at Harris, Preston, and Chambers. Our medical misdiagnosis lawyers are dedicated to advocating for our clients. We understand how frustrating and detrimental a missed diagnosis or misdiagnosis can be to your health and peace of mind. We tirelessly advocate on behalf of our clients to obtain justice. Call our medical malpractice attorneys today to schedule a consultation and review your options. Click the button below to get your free legal strategy session.
Understanding Medical Malpractice in Utah
Navigating a Utah Medical Malpractice Claim
A misdiagnosis, medical mistake, or a doctor’s negligence are costly examples of medical malpractice. In the United States, our society reveres and trusts doctors and medical staff to provide cutting-edge care and treatment to heal injuries, cure us when we are sick, deliver our children, and comfort loved ones in palliative care.
Sadly, doctors, nurses, and staff do make mistakes, and these mistakes are sometimes costly, even resulting in the death or dismemberment of the patient. Medical malpractice can take on many forms and could cause a lifetime of pain, anguish, and suffering. Malpractice also shakes a patient’s faith in medical institutions for life. If you suffered at the hands of a medical professional, you may be entitled to damages for your loss. Click here to get a free consultation with one of our personal injury attorneys.
What is Medical Malpractice?
In Utah, medical malpractice is defined as professional negligence by a healthcare provider causing injury or death to a patient or patients. Medical malpractice includes mistakes or errors in medical judgment or omissions, such as misdiagnosing a plaintiff’s disease or injury, or negligent acts, like leaving a foreign object in a body cavity during surgery.
Medical malpractice also encompasses wrongful death and childbirth injuries, if the plaintiffs sought medical treatment and suffered injuries at the hands of a physician, nurse, or surgeon. Medical malpractice is governed under tort law, but in Utah, there are additional statutory requirements a plaintiff must meet before filing a suit against a doctor or hospital.
Statute of Limitations for Filing a Claim
Plaintiffs must file within the statute of limitation period to bring a Utah medical malpractice claim against a doctor or hospital system. In Utah, the plaintiff has exactly two years from the date of the accident, or the date they discovered the injury, to bring suit against the medical provider and/or the hospital system. Next, the plaintiff must file a notice of intent to sue with the defendant medical provider and hospital, according to Utah Code 78B-3-412 (2010). The notice of intent must include the date of the injury, identify the plaintiff, the full extent of the plaintiff’s injuries, which defendants are responsible (doctors, nurses, anesthesiologist, etc.), and what damages are sought. The notice of intent must be served at least ninety days prior to the filing of a complaint.
Requirements Before Filing Suit
In addition, the plaintiff must commission a pre-litigation review panel to determine if a claim should proceed to the next phase of litigation. The plaintiff only has 60 days after filing a complaint to request the panel hearing from the Utah Division of Occupational and Professional Licensing, according to Utah Code 78B-3-417. This is detailed in the Utah Health Care Malpractice Act. The panel will hear the potential case, review witness statements, and the claimant’s medical records. The panel then renders a decision as to whether or not the claim can move forward into the next phase of litigation. The review panel may also provide a case value (what a settlement might be worth), but their valuation is not binding on the litigants.
If the claim succeeds the panel, the plaintiff may have to undergo independent medical evaluations at the request of the defendant. The plaintiff might be deposed by the defendant’s attorney and questioned about the nature and extent of their injuries. If a claim does not settle out of court, both parties may rely on testimony from subject matter experts such as pathologists or surgeons who render testimony at trial. Medical malpractice claims are notoriously expensive and time-consuming. Multiple parties may have a stake in litigation and more than one issue might be litigated.
Limitations on Economic and Non-Economic Damages
In Utah, a plaintiff’s recovery is capped at $250,000 for non-economic damages, according to Utah Code 78B-3-410 (2010). Non-economic damages cannot be traced to a bill or pay stub, and do not include medical bills or lost wages. Instead, non-economic damages are awarded for loss of consortium (loss of intimate contact with a spouse due to injuries), emotional distress, post-traumatic stress disorder, and pain and suffering.
Economic damages for medical bills, the cost of future medical treatment, physical therapy, and rehabilitation in addition to lost wages, expenses, and future lost wages because of the incident are not capped. For birth injuries, claimants may have substantial non-economic damages because their child may be faced with a permanent disability, robbing them of future professional and educational opportunities. A mother may have also suffered permanent injuries rendering her unable to have children in the future. Victims suffering at the hands of a negligent physician are entitled to just compensation.
Can a Hospital be Sued for a Doctor’s Negligence?
Many potential plaintiffs are confused about who is responsible after a medical injury occurs. If a surgeon made a clinical error, can the nurses and hospital administrators be held responsible as well? Many physicians are actually independent contractors who work independently of the hospital but have privileges to operate or treat patients in hospital facilities, using medical equipment leased or owned by the hospital.
Courts have held that hospitals owe a duty of care to patients seeking treatment on their premises. This is because hospitals would cease to operate without the services rendered by physicians and nurses, whether they are direct employees or not. Patient plaintiffs do not have the authority (in most cases) to pick and choose which doctor will treat them in a practice, especially in an emergency situation.
They may have chosen a hospital simply because of geographic location or because of health insurance constraints. The apparent agency theory states that because plaintiffs make a reasonable reliance on a hospital system to provide adequate care(even if contracted through a physician), the plaintiffs should be able to recover against the hospital and the negligent doctor.
Contact Utah Medical Malpractice Attorneys at Harris, Preston & Chambers
If you or a loved one were injured due to a doctor’s negligence in Utah, you may have questions about your potential options. You are not alone and you do not need to suffer in silence. You are entitled to damages and justice for your significant loss. Our attorneys at Harris, Preston, and Chambers understand the sensitivity and emotion behind a medical malpractice claim. You placed your faith and trust in a medical provider, and now you and your family will never be the same.
No matter how complex a medical malpractice case may be, our attorneys will be your advocate and are dedicated to seeking justice on your behalf. Our offices are conveniently located in Logan, and we practice throughout the State of Utah. Call today to schedule a free consultation.
Is Utah a No-Fault Car Insurance State?
Is Utah a no-fault car insurance state? Consider the following scenarioJason and Angie are driving to a local concert on I-80 when they are rear-ended by a teenager who was texting while driving. The teen driver stops but informs them she does not have a license and was driving her dad’s car without his permission, meaning she is not an insured driver, either. Can Jason and Angie bring a claim against the car owner’s insurance company? Since Utah is a no-fault car insurance state, are they required to use their own coverage before filing a lawsuit?
What is No-Fault Insurance?
Utah is one of a minority of states subscribing to a no-fault insurance scheme. What this means is that after an accident between two or more drivers, your own car insurance policy would cover your resulting damages. These include your medical expenses as well as damage to your vehicle, the cost of repairs, and the cost of a rental car, and also the value of a car seat or any other items that were in the car at the time of the accident that are now unsalvageable.
In fault jurisdictions, both parties seek damages from the insurance company of the at-fault party. Because Utah is a no-fault insurance state, there are limited exceptions as to when a plaintiff can actually file a civil suit for damages against a defendant based on injuries he or she sustained in a car accident.
What is PIP?
PIP is an acronym for Personal Injury Protection insurance. PIP is a rider offered on virtually every basic car insurance policy but is not mandatory coverage in many states. It is, however, mandatory in Utah. PIP does not cover property damage expenses, but it does cover personal injury expenses such as medical bills, rehabilitation costs, and for assistance with household tasks. The bare minimum coverage to purchase is $3,000. So, if you only purchased $3,000 in coverage, that is the most that PIP would cover of your losses.
Interestingly, motorcycle drivers are not required to have PIP coverage, which can further complicate matters. Once your own PIP coverage is exhausted, you may be able to use your own health insurance coverage for medical bills while a legal claim against the defendant is pending. Because of the cost of medical care, PIP might only cover the initial visit to the emergency room and nothing more. So, what happens if you or a loved one are severely injured as a result of another driver’s negligence?
Meeting the Statutory Threshold in Utah
As a reminder, the statutory threshold the Plaintiff must meet is $3,000, just like minimum PIP coverage is $3,000. However, that figure does not include property damages at all. A plaintiff can file a lawsuit against the defendant driver if the cost of medical expenses due to the incident is over $3,000, or if a fatality, disfigurement or disability occurred as a result of the accident. Utah Code 31A-22-309 states that you can’t bring a cause of action for personal injuries caused by a motor vehicle accident “except where that person has sustained one of the following”:
- Fatality
- Dismemberment
- Permanent disability
- Permanent disfigurement
- A bone fracture
- Medical expenses exceeding $3,000.
If the claim against the defendant is settled in your favor, your own insurance company would be reimbursed by the defendant’s insurance company for the $3,000 in PIP coverage they provided. Our attorneys at Harris, Preston & Chambers, LLP, can help you with the PIP benefits process and also assist you in identifying if you have a potential case against the defendant driver. If you have severe injuries after an accident, if more than one passenger was injured after an accident and you are unable to work due to the accident, you almost certainly have a claim against the defendant and you should not delay in contacting us.
Exceptions to PIP Coverage
Your own insurance company can disallow the three thousand dollars in PIP coverage if it is determined that you did not have express permission to operate the vehicle you were driving at the time of the accident (i.e. you borrowed a person’s car without their knowledge or permission). In addition, PIP coverage is not extended to a driver or passengers who intentionally caused injury to another person or was in the commission of a felony at the time of an accident.
For example, if two people had just robbed a bank and were driving the getaway car, and then were sideswiped by another vehicle as they attempted to evade the police, they would receive no PIP coverage because they were committing a felony. PIP also disallows coverage if a person sustained injuries in a vehicle being utilized as a residence, such as a camper or recreational vehicle. If a pedestrian is injured in an auto accident, the driver’s insurance would cover the cost of personal injury damages to the pedestrian.
What Damages is the Plaintiff Entitled to?
After an accident, you may be entitled to compensatory and non-compensatory damages. You may be nursing a serious injury and pain, numbness, swelling, or stiffness in joints, muscles, or broken bones. Depending on the severity of the accident, you might be suffering from internal bleeding, severe head trauma, and psychological trauma.
Many victims require assistance with basic tasks, are severely limited in day-to-day activities, or are bedridden while mobility is limited or nonexistent. It is also possible that occupational therapy might be necessary, or a victim might require assistance from a home health nurse, at least temporarily. Some victims might be unable to attend school, care for their children and loved ones, or even go to work. In the meantime, the bills continue to pile up.
Your long term income prospects might be jeopardized and you may be entitled to compensatory damages such as:
- Lost wages,
- Future lost wages
- Medical bills,
- Rehabilitation costs,
- Cost of modifying the home for disability purposes,
And non-compensatory damages such as:
- Emotional distress,
- Loss of consortium, and
- Pain and suffering.
What about Underinsured or Uninsured Drivers?
All motorists driving in Utah must maintain $15,000 in coverage for property damage and $25,000 in coverage for bodily injury. The Utah Uninsured Motorists Fund allocates relief to claimants for medical expenses, lost wages, future lost wages, and emotional damages like pain and suffering. In addition, many drivers have underinsured or uninsured motorist coverage, meaning their own car insurance policy will cover a loss sustained from an uninsured driver.
This may include filing a suit against the uninsured driver for damages. Plaintiffs also have the option to apply for coverage under the Utah Uninsured Motorists Fund. If your own insurance company is stagnant in obtaining damages for you, you need to strongly consider the possibility of litigation, but do not delay, because of the three-year statute of limitations on motorist and personal injury claims.
Conclusion
If you or a loved one were injured in a serious collision, you might have questions about the damages to which you are entitled. Because Utah is a no-fault insurance jurisdiction, understanding what your options are is not always straightforward. Our attorneys at Harris, Preston, and Chambers are licensed in Wyoming and Utah and possess more than a half-century of experience handling personal injury claims specifically on behalf of plaintiffs. We are your advocate and we will not stop until justice is obtained on your behalf. Call today to schedule a free, no-obligation consultation.
Guide to Utah Hit and Run Laws
Guide to Utah Hit and Run Laws
John and Katie are driving to a party on a rainy October day. They are stopped in bumper-to-bumper traffic on I-15 in Tremonton with no end in sight. Just as the traffic starts to move, a truck sideswipes their car, careens into the median, crosses the other lanes of traffic going the wrong direction, and keeps going. John and Katie are stunned until they realize the police are in pursuit of the hit-and-run driver who has struck multiple vehicles in an attempt to evade them.
Stuck in traffic with a damaged driver’s side door, left quarter panel, and white smoke leaking out of the hood, they are forced to abandon their car and wait for help. If the hit-and-run driver is caught, can John and Katie bring civil charges against them for the personal injury and property damage they have caused? Do they have to wait until criminal charges are filed?
What is Considered a Hit-and-Run?
In Utah, hit-and-run driving offenses are prosecuted to the fullest extent of the law. For a suspect to be charged, the police must have probable cause to make an arrest. Leaving the scene of an accident before you have had the chance to exchange information with the other driver is considered a hit-and-run offense. Utah Code §41-6a-401(2019). Similarly, failing to stop at all after colliding with another vehicle, pedestrian, or cyclist is also considered a hit-and-run. While a simple auto accident is not a crime in of itself, failing to wait for police to arrive at the scene or exchange information can subject the other driver to criminal penalties.
Is a Utah Hit-and-Run a Misdemeanor or a Felony?
Whether a defendant is charged with a misdemeanor or a felony for a hit-and-run depends on the circumstances of the accident. For example, if a defendant strikes another vehicle and does not cause physical injury to the occupants of the other car, he or she can be charged with a Class B misdemeanor. A Class B misdemeanor is punishable by up to six months in jail in addition to $1,000 in fines. Utah Code §41-6a-401-7 (2019). If the defendant hits another vehicle and causes physical injuries to the occupants, he can be charged with a Class A misdemeanor at the very minimum. A Class A misdemeanor is punishable by up to one year in jail and a $2500 fine.
If the defendant causes serious personal injury to the victims in a hit-and-run, they could be looking at nearly five years in prison and over $5000 in potential fines. This is because a hit-and-run causing serious bodily injury is classified as a felony. In addition, a hit-and-run resulting in the death of another person is also classified as a third-degree felony. If multiple victims were killed in a hit-and-run crash, the defendant would be charged with multiple counts of the same crime.
What About Collisions With Parked Vehicles?
A collision with a parked vehicle is still considered a hit-and-run, and therefore a crime if the driver does not leave their information or wait for the owner of the vehicle to return. Even if a person strikes another car with a grocery cart, if the force of the collision caused property damage, that person needs to remain at the scene. If they are unable due to an emergency, they need to inform the authorities that they were in a collision with a parked vehicle and provide their information so the other driver can file a claim with their insurance company.
No one should walk out of a grocery store or shopping mall to find their car damaged, but it does happen far too often. If it happened to you, call the police. Speak to the store manager or owner of the parking lot intersection and find out if surveillance footage of the parking lot is available. CCTV surveillance could assist authorities in identifying the potential defendant. Even if the other driver hit your parked car and left a note, it is still a good idea to call the police so an accident report can be prepared and an investigation can begin.
Next Steps after a Hit-and-Run Accident
If you or a loved one suffered property damage or personal injury due to a Utah hit-and-run accident, it’s crucial you contact a litigation attorney as soon as possible. Any information you can collect may help your case, including the color, make and model of the suspect’s vehicle, the suspect’s hair color, build, and whether he or she was driving with passengers in the car. If anyone else saw the accident, get their identification and statement of what occurred. Witness testimony is invaluable in a personal injury case.
Call the police immediately, inform them that the other driver left the scene and that you require emergency assistance. If you have been injured, even if you think it safe to drive home, don’t. Seek emergency medical attention. Take photos of the damage to your vehicle and other vehicles if it was a multi-vehicle accident. Take photos of the intersection or highway as well, including tire marks or damaged parts. Write down what happened in your own words while it is fresh in your mind and include details like the time of day and the weather. Report the accident to your insurance company, then contact our personal injury attorneys at Harris, Preston, and Chambers. We will run interference with the insurance companies and follow-up with the police to determine if a defendant has been positively identified so a case can be opened.
What About Insurance Coverage?
If police are unable to apprehend the suspect, and there are no leads, they may close the criminal case. However, this does not mean that you are out of options. All Utah drivers are required to maintain uninsured and underinsured motorist insurance coverage. Utah Code §31A-22-305 (2020). Your insurance carrier should cover the cost of expenses due to property damage including the cost of a rental vehicle and repairs to your car or a check for the fair market value of your vehicle if it is damaged. Insurance should also cover the cost of medical expenses, doctor’s bills, rehabilitation, prescriptions, and any other out-of-pocket costs associated with personal injury.
If your insurance company refuses to pay or is holding out until the identity of the phantom driver is uncovered, you are not out of options. You can take legal action against your own insurance company, and our lawyers at Harris, Preston and Chambers can guide you through every step of the process. It is an unfortunate reality, but the insurance company simply does not have your best interests in mind. And sadly, not all hit-and-run drivers are apprehended, leaving victims at an unfair disadvantage.
Contact Our Utah Hit-and-Run Accident Attorneys
No one hops in the car expecting to be hit by another vehicle. But at the very least, common decency and the rules of the road require drivers to exchange information after a collision. A hit-and-run accident can be traumatic. For some victims, the identity of the driver is never discovered. Some victims may be left with permanent disability or recuperating with serious injuries that impact their quality of life daily.
Our attorneys at Harris, Preston, and Chambers understand the frustration of dealing with the aftermath of a hit-and-run accident. We specialize in personal injury law and auto collisions, and we go to bat for our clients to achieve justice. You are entitled to damages for your ordeal, and our lawyers are here to help. With offices located conveniently in Logan, we serve clients throughout Utah. Call today to schedule a free consultation.
Are Independent Contractors Covered Under an Employer’s Worker Compensation Policy?
Alex is a new employee working on an active construction site under a general contractor. He got the job through a staffing agency and was asked to bring his tools. He is injured on the job while utilizing a pallet jack lift provided by the employer. His foreman informed him he is not covered under workers’ compensation insurance because he is an independent subcontractor. Is this true?
If you have been injured at work and are unsure whether you qualify for workers’ compensation, a Utah workers’ compensation lawyer can help.
Understanding Who is Covered
All direct hires and employees are covered under an employer’s workers’ compensation policy, regardless of whether the employee works part-time or full-time, or a hybrid, in-person, or remote schedule. In addition, employees who are hired “under the table” may also be covered if they are injured in a workplace incident. However, if that employee is to file with the workers’ compensation commission of their state, it would trigger an investigation into the employer’s hiring practices, and the employer would most likely be subject to fines and penalties for failing to legally hire an employee and pay employer payroll taxes and workers’ compensation premiums.
In Utah, independent contractors are not covered under traditional workers’ compensation policies. Many directly hired employees might be led to believe that they are independent contractors for the employer to avoid paying workers’ compensation premiums or other benefits for which a direct-hire is eligible. Workers’ compensation insurance covers accidental injuries that occur at work, during work hours. Insurance also covers occupational diseases that may occur such as exposure to silica, particulate dust, or asbestos.
Determining an Employee’s Work Status
Determining what an employee’s status is at a workplace is crucial. This controls whether an employee is eligible for insurance coverage or not. What distinguishes an employee from an independent contractor is based on several factors. This includes whether the worker supplies their own tools and equipment, whether the worker makes their own hours and schedule, how the worker is paid, and how often. For example, an independent contractor is often paid per job completed, not on an hourly rate. This is similar to a gig worker who might be paid per assignment, per concert or per event instead of steady, weekly hours. An independent contractor will make their own schedule, supply their own equipment, and often needs little to no guidance from the employer to complete the job.
For example, a subcontractor plumber on a construction site would not take direction from a general contractor. The subcontractor is hired to complete the plumbing work with his own tools using his own expertise. This distinction is muddled when an employee is hired via a staffing agency, has no ownership or authority over how a job is completed or maintains a regular weekly schedule similar to other directly hired employees. Because this distinction is linked to obtaining benefits in a workplace accident, it is crucial you hire a workers’ compensation attorney in Utah to evaluate your claim.
Call Our Logan Workers’ Comp Attorneys
Workers’ compensation statutes are unlike any other discipline of the law. It also varies greatly from state to state, and navigating a claim is complicated. Unfortunately, in Utah, independent contractors are not covered under an employer’s workers’ compensation insurance policy. But whether or not someone is an independent worker is not always evident, meaning benefits an employee is eligible for is hanging in the balance. If you were injured on the job, it is crucial that you speak to a seasoned workers’ compensation attorney as soon as possible. Our attorneys at Harris, Preston & Chambers specialize in workers’ rights and can help you file a claim and get your life back. Call today to schedule a free consultation.
Who is Liable When a Child is Injured on a School Field Trip?
A second-grade class field trip to a local nature center proves dangerous for two classmates who slip on a wet floor near the terrapin display. Both children suffer broken bones and contusions and are rushed to the hospital by a teacher’s assistant, where they are met by their parents. The parents are understandably frustrated that their children were injured while in the trusted care of schoolteachers, but since the accident did not occur on school grounds, is the school still liable?
Determining Liability
Determining liability in a premises liability action can be complicated. This is because each case is fact-dependent and mitigating factors can affect liability for the premises owner. It is also entirely possible that more than one defendant could be joined to a lawsuit if a child is injured during a school field trip. However, the burden of proof is on the plaintiff to establish that the defendant’s negligence was the proximate cause of their child’s injuries, and therefore the plaintiff is entitled to damages. Whether the defendant had actual or constructive notice of a dangerous condition is key in proving a plaintiff’s case.
Mitigating Factors
If two children purposely spilled soda or sticky liquids on the ground waiting for someone to trip and fall as a prank, this would be a serious factor mitigating the premises owner’s liability. The parents of injured children could argue that the school teacher or chaperone should have been watching the child pranksters, but it can be difficult to keep an eye on 20+ children during a field trip. If the parents of the injured children could prove that the premises owner knew about the spilled liquids or had constructive notice of spilled liquids, they may have an action against the premises owner, but this could be difficult considering hazard conditions were manufactured by other students.
What About Chaperones?
Guidelines vary for private and public schools, but generally speaking, chaperones must be properly vetted before volunteering on school grounds or at school field trips. This might include fingerprinting, a thorough background check, and safety protocol training. Without some form of training about what to do in the event of an emergency, it is unlikely that a school could shield a chaperone from personal liability in the event of an accident or a student’s injury. And if a chaperone acted intentionally to harm a student, they could be held liable in a personal injury action. If the school district failed to investigate a chaperone before permitting them to attend a school trip and a child was injured in that chaperone’s care, the school could be joined to a premises liability claim.
Contact our Premises Liability Attorneys at Harris, Preston & Chambers
There is nothing worse than knowing your child is in pain. You trust teachers and school administration to watch over your children during school hours, prevent bullying, and ensure their safety off-school premises as well. However, things get complicated on a field trip. It is entirely possible that if a child is injured off-school grounds, but on the watch of school affiliates, that the school and the premises owner could be liable, but each analysis is fact-dependent. If your child was injured during school hours, you need to speak to an experienced personal injury attorney. Our lawyers at Harris, Preston & Chambers have more than a half-century of combined experience handling all types of premises liability cases, and we will not rest until we obtain justice for our clients. Call today to schedule a consultation and discuss your options.