Regardless of the political issues currently swirling around immigration reform, it is important to have a grasp of basic immigration law principles when defending personal injury cases. A few recent cases are illustrative of the effects that an undocumented worker’s status can have on claims of personal injury, plaintiff employment, or similar claims.
Hoffman v. NLRB, 122 S.Ct. 1275 (2002). In this case, the employer petitioned for review of, and the National Labor Relations Board (NLRB) cross-applied for enforcement of, an NLRB order awarding an undocumented worker backpay from date of his illegal termination until the employer discovered he was unauthorized to work. A panel of the Court of Appeals for the District of Columbia Circuit ordered enforcement. Following grant of a petition for rehearing en banc, the Court of Appeals again granted enforcement. On appeal, the U.S. Supreme Court, Chief Justice Rehnquist, held that federal immigration policy foreclosed the NLRB from awarding backpay to an undocumented worker who had never been legally authorized to work in the United States.
Madeira v. Affordable Housing Foundation, 315 F.Supp.2d 504 (S.D. New York 2004). Here, an injured undocumented worker’s status did not prevent him from recovering compensatory damages for defendants’ violation of New York’s Scaffold Law. His undocumented immigrant status was relevant to determining whether lost wages were appropriate and how much should be awarded.
Silva v. Wilcox, 223 P.3d 127 (Colo. Ct. App. 2009). Here, to the extent that a defendant is able to establish that a plaintiff immigrant is not authorized to be in the United States and has secured employment by violating the law or is in violation of the law in some other particular manner related to such employment, so that the plaintiff is unlikely to remain in this country throughout the period of claimed lost future income, the jury should be provided that information in determining whether to award damages for lost future wages.
During discovery, an attorney may wish to direct written discovery to the plaintiff that asks about citizenship and immigration status. During the deposition of a plaintiff believed to be an undocumented immigrant, potential questions to ask include: Are you a U.S. Citizen? Where were you born? What is your immigration status? Are you legally authorized to work in the U.S.? If so, how is that documented? Have you ever applied for Medicare or Medicaid? (Don’t assume they haven’t – a Medicare audit last year revealed that people living in the U.S. illegally had collected over $120 million in Medicare benefits as of 2012. This could trigger Medicare Secondary Payer Act issues in the future.)
You can also take the deposition of the employer. Always do this as a 30(b)(6), and always serve the notice as a Notice of Deposition Duces Tecum. You can also subpoena the documents beforehand using Rule 45. Ask them to provide a complete employee file, including hire documents. Define “hire documents” as the employment application, I-9 form, and any copies of documents inspected in conjunction with the I-9 form. (This is, of course, in addition to any wage loss documents you want to obtain, such as W2s, W4s, payroll information, etc.)
Using best practices in the handling and workup of these cases can minimize carrier/defendant exposure by putting you in the best position for pretrial motions, including motions in limine. Of course, this raises the issue of what to do when defending a case and your client (defendant) is undocumented. For example, this problem arises when a driver hired by an employer turns out to be working illegally, and then causes an automobile accident while in the course and scope of his/her employment. First, try to exclude the defendant’s immigration status under Rule 401. Second, TXI Transportation v. Hughes, 306 S.W.3d 230 (Texas 2010) is extremely helpful. It held that neither the illegal immigrant status of a gravel truck driver, nor his use of a fake Social Security number to obtain his commercial driver’s license, was relevant to a negligent entrustment or hiring claim against the employer. It also held that the illegal immigrant’s status was inadmissible to impeach the driver’s testimony, and that erroneous admission of evidence relating to the driver’s immigration status was not harmless.
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When you need legal help from a personal injury lawyer in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
From fender-benders to catastrophic collisions, car accidents victims are likely to experience physical and mental trauma. Every day about 7,000 people are hurt in car accidents. Many more are injured in other accidents. With traffic collisions happening thousands of individuals are left to pick up the pieces after an auto wreck every year. Recovery can be a difficult and long process, especially if the accident resulted in severe physical injuries. While it can be difficult to determine just how long it will take to recover from a car accident, there are some factors that can be examined. Immediately following a car accident, you should evaluate yourself for injuries. It’s important to note that not all injuries are visible, and some injuries may not be recognizable for days. Soft tissue injuries are common after a car accident. These injuries occur when muscles, tendons, or ligaments are stretched or torn. Whiplash is one of the most common soft tissue injuries and can take anywhere from weeks to months to completely heal and go away. Some people may experience symptoms for longer.
In addition to soft tissue injuries, head injuries are common. While your brain is well-protected by your skull, a violent jolt can cause your brain to strike the inside of your skull. Concussions are often a result and can be incredibly serious if left untreated. Traumatic brain injuries can take months or even years to recover from. In some cases, however, death is the end result. After a car accident, you’ll likely experience a variety of emotions including shock, denial, disbelief, anger, guilt, anxiety, fear, and sadness. These emotions may manifest immediately after the accident or, in some cases, they may appear days, weeks, or even months after. Often times, emotional trauma can take longer to recover from than physical injuries. Coping with the onslaught of emotions is important so you can get back behind the wheel and start to feel normal again. As we mentioned above, there’s no way to tell when you’ll reach your official recovery; however, there are steps you can take to improve your chances of recovering faster. Make sure you see a physician after your accident, follow up with them when necessary, and take their recommendation seriously especially if surgeries or physical therapy is needed. Take the time you need to rest. Try to avoid strenuous activity when possible. You may also consider trying therapy to help cope with the event. While you may assume you’ll be able to return to work quickly after a car accident, this isn’t always the case. Depending on your injuries, doctor’s recommendations, and treatment plan, you may have to take more time off than you’d like. It’s important to understand that going back to work too early has the potential to worsen your condition. Unfortunately, you can’t rush the healing process. In order to feel comfortable about returning to work after a car accident, take these tips into consideration.
• Follow up with Doctor’s Appointments: After your initial examination with a healthcare professional, it’s more than likely you’ll be given directions for a treatment plan. You’ll also have to schedule follow up appointments with your primary care physician. It’s imperative to follow the physician’s instructions and attend those appointments. If you choose not to you may develop additional symptoms as time passes. These will need to be documented so you can revise your recovery plan. You’ll also want to know about these symptoms, so you can report them to your insurance company. The recovery plan and follow up appointments will give you an idea of when you can go back to work. If you end up neglecting your medical responsibilities and decide to end your recovery plan early, there may be a variety of consequences. You may worsen your conditions or develop a new one. At this point, you may lengthen the time before you can go back to work. You may also have difficulty receiving compensation for your injuries if you go against your doctor’s advice.
• Document Evidence of All the Symptoms and Complications You Experience: Immediately following your accident, if you are able to, it’s a good idea to record what you’re experiencing physically and mentally. When you report that information to your doctor, they may have an easier time determining the scope of your injuries. As you begin to recover, keep documenting what you’re experiencing. By doing so, your doctor will be able to help you decide when it’s best to return to work. If you begin to experience complications, bring those up as soon as possible.
• Prepare Your Doctor’s Note to Return to Work: The doctor’s note you receive will be your ticket back to work. It’s important to have proof of your injuries for your employer. Not only should this excuse the time you’ve missed, but it will help you and your employer decide what you are physically able to do. Your doctor’s note should include documentation of your injuries, relevant test results and x-rays, records of your follow up appointments, and the recovery plan you’ve followed through on. This will prove to your employer why your time off was a medical necessity.
• Avoid Going Back to Work Too Soon: There is no right or wrong time to go back to work after an accident, but it’s important to avoid going back too soon. You may be worried about the state of your job or financial burdens; however, it’s more important to focus on your recovery. If you go back to work before you’re able or against the advice of the doctor, you may worsen your condition. Going back to work too soon can also have an impact on the compensation you receive for your accident. Remember, it’s always best to follow the documented advice of your doctor.
• Know What to Do If You Re-Injure Yourself or Discover You Can’t Go Back to Work: Even if you’ve followed through with your recovery plan and go back to work at the right time, there’s always a chance you may re-injure yourself or your previous condition could flare up. If this is the case, you’ll want to inform your employer and schedule a doctor’s visit as soon as possible. If you return to your place of employment and discover you are unable to return to your previous position, discuss the issue with your employer. You may be able to work in another spot until you’ve healed more. You may also want to go back to the doctor. They’ll evaluate your injuries to determine why you can’t go back to work yet. They may inform you that you need to take more time off work.
Here’s what medical professionals know about auto accident injuries from head to toe.
• Head and brain injuries: Drivers and passengers are susceptible to head injuries due to hitting a windshield, side window, roof, steering wheel, loose objects or other people. A common injury is a concussion caused by a blow to the head. With a concussion (also called a traumatic brain injury), your brain bounces around inside your skull. This causes chemical changes in your brain. You may not notice symptoms right away. You should know the symptoms such as headache, neck pain, nausea or dizziness. Sometimes the symptoms can take days or weeks to appear.
Treatment: You’ll want to see a health care professional. The primary treatment for a mild concussion is rest. We recommend you cut back on physical activities and activities that require a lot of concentration. If more severe concussion symptoms are present, you may need to go to the hospital. You may have bleeding under the skull (subdural hematoma). Bleeding in the skull is a medical emergency.
Recovery: For mild concussions, most patients notice symptoms diminish in 2 to 3 weeks after onset. The recovery from a subdural hematoma is more complicated and depends on the severity of the injury.
• Facial injuries: Hitting the steering wheel, airbag, another part of the car or a loose object can injure facial skin, teeth and the bones underneath.
Treatment: Cuts may need stitches. Scrapes may be bandaged. For the more serious injuries, such broken facial bones, surgery may be needed. Recovery: The time needed will depend on the severity of the injuries. Scrapes will take a few days to weeks to heal. Surgical repairs may take weeks to months to heal.
• Neck injuries such as whiplash: It’s common for rear or side impact crashes to cause your neck to snap quickly. Injuries can range from mild neck strain, to dislocation of vertebrae (the bones of the spine). Treatment: Mild neck strain may be treated with over-the-counter pain relievers. A dislocation or other serious vertebrae injury may require surgery.
Recovery: Whiplash symptoms can last several weeks. Recovery time after surgery will vary depending on the procedure needed. Full recovery can take months.
• Collarbone (clavicle) and rib injuries: Your seatbelts help keep your whole body safe. In a major accident, your body’s weight can quickly press forward against the shoulder belt. This can injure your collarbone. In more extensive crashes, rib injuries can also occur.
Treatment: A broken collarbone may heal on its own, usually immobilized with special braces. If the damage is more extensive, surgery may be needed.
Recovery: The healing process may take 6 to 16 weeks.
• Back and spinal cord injuries: Back and spinal cord injuries can be among the most traumatic in an accident. As the car rapidly shifts positions under you, the small discs along your spine can be twisted or pushed out of alignment. Your back bones can even be fractured. This can result in spinal cord injuries, which often result in reduced feeling or function loss in extremities. Along with injuries to the spine, soft tissues such as back muscles and tendons can be strained or pulled. Ligaments can be sprained.
Treatment: For minor back pain, we may recommend rest and ice or heat application, along with over-the-counter pain relievers. If pain doesn’t go away in a couple of weeks, you may want to see you primary care physician for an evaluation and get a referral to see a chiropractor. We have a number of treatment options for back pain. More severe injuries, such as spinal cord injury, broken bones or muscle tears, may require surgery. Recovery: Minor muscle strains should heal within weeks. Muscle tears that need surgery may require therapy and months to heal. Bones that are surgically repaired normally require 3 to 4 months to fully heal. With spinal injuries, your body will do most of its healing work in the first 6 months after the injury. Physical functions that aren’t restored in the first year after injury will likely not return.
• Internal injuries: Your seatbelt will help protect you in an accident. But wearing the lap belt incorrectly can cause internal injuries as your entire body weight is rapidly pressed against the belt. During a crash you can sustain injuries to muscles in the torso, along with your heart, lungs, liver, spleen, kidneys or bowels. If you have pain in your torso after a crash, you should promptly see a health care clinician. Internal injuries can result in internal bleeding. In that case, immediate medical care is essential. The signs of internal bleeding include abdominal pain and/or swelling, dizziness or fainting, development of an area of deep purple skin and headache, seizures or loss of consciousness.
Treatment: For muscle strains, we may recommend RICE (Rest, Ice, Compression, Elevation). If minimal internal bleeding is suspected, the doctor may observe the patient to see if the bleeding will stop on its own. For severe internal bleeding, surgery may be required.
Recovery: Times will vary widely depending on the extent of the injuries and the treatment required. In the case of internal bleeding, the best outcomes result when prompt professional medical care is received.
• Lower extremity injuries: Your seatbelt will help protect you from some lower extremity injuries. Without a seatbelt, your legs may hit the dash and/or the steering column. Common injuries include leg, knee and foot sprains (ligament injury), strains (damage to muscles or tendons) and bone breaks.
Treatment: For minor injuries, we may recommend RICE and over-the-counter pain relievers. For broken bones, a cast or other external support may be applied. For more severe breaks, surgery may be required. We may also recommend physical therapy.
Recovery: A broken leg may need from 6 to 8 weeks. As with other injuries, more time will be needed for more severe injuries. Therapy may be in important part of recovery.
• Psychological injuries: People naturally focus on the physical injuries of a crash, but a traumatic event can cause mental health issues, too. The mental trauma can affect both the driver and passengers. Issues can include post traumatic stress disorder, anxiety and depression. Treatment: A counselor may suggest anxiety management, meditation or other tools to reduce anxiety.
Recovery: There is no set time for recovery from the psychological trauma. Seek guidance from a mental health care professional if you have concerns about the mental aspects of recovery. Both the injuries and treatment can vary widely after an accident. We’ve laid out some general recovery timelines, but actual recovery will depend on injury severity and the patient’s age and general health. Younger healthy patients tend to recover faster. Accident injuries heal faster if you carefully follow your clinician’s advice, participate in physical therapy as recommended, get plenty of sleep and eat a well-balanced diet. To increase your family’s safety while traveling, always wear your seatbelt, drive the speed limit and avoid distractions while you’re driving. Another good safety reminder is to know the location of the emergency room or trauma center nearest your home, work and other places you spend lots of time. You can find nearby health care facilities online. The time saved in knowing where to go in an emergency can save the life of someone your care about.
Car accidents are often traumatic events and should be taken seriously. If you’ve been injured after an accident and are uncertain about the state of your job or finances, an experienced attorney will have answers to your questions at the same time, seeking legal representation may help you get the compensation you need to focus on your recovery, instead of worrying about possible financial burdens.
Free Consultation With A Car Accident Lawyer
When you need legal help to recover for personal injuries in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Anyone who has had a car accident with another driver will know the crunch of metal and tinkling of glass hitting the road is only the start of it. There are many things you should and should not do if you have a car accident.
Firstly, have a first aid kit, fire extinguisher and a safety triangle handy. These will be helpful items if you are involved in an accident or witness one. A car accident can ruin your day people may be injured, and serious damage to your vehicle and that of others, can occur in seconds. You may also have to deal with liability issues which can carry huge costs. Ensure your vehicle is insured. If you do have an accident, you should be covered for any damages that may be caused.
If you are involved in an accident, try to stay calm. Panic can cause others to become hysterical or alarmed, which will make the situation worse. Take a deep breath and think about what you need to do.
CHECK FOR INJURIES
Check for any injuries to the people in your vehicle. If everyone is okay and you are able to, check that the occupants of the other vehicle are uninjured. There may be some basic first aid treatment that you can attend to otherwise, if the injuries are more serious, you will need to seek medical help.
MAKE YOURSELF SAFE
If it is safe to do so, switch on your hazard lights and get out of your vehicle. Otherwise, move your vehicle to a safe spot that is not blocking traffic. Set up safety triangles to warn other motorists that there has been an accident and to slow down. If you can’t get out of your car, or it is not safe to, stay seat belted in, call 911 and wait for help to arrive.
CALL THE POLICE
Even if the accident you have been involved in is minor, the police should still be notified that there has been an incident. Call 911 and this way the police can file an accident report for the records, and any required fire or ambulance teams can be sent to the scene.
See if there are any witnesses to the crash. If anyone else saw what happened, ask them to stay on the scene so that they can provide statements about their view of the accident.
LOOK FOR DETAILS
Look for the other driver’s license plate number and make and model of vehicle that they are driving. Exchange personal information, such as name, address, phone numbers, insurance company and policy number, with all drivers involved in the incident. If the driver doesn’t own the vehicle, be sure to get the owner’s details as well. This information will be very helpful for insurance purposes after the initial shock of the accident. If the other driver is aggressive and uncooperative, record any information you can about the vehicle (eg number plate, make and model) and report the incident to police.
If the accident is a minor one, note down anything you remember. Describe what happened with notes and images of how the accident occurred. You could even take pictures of the scene including any damage to vehicles, the roads, traffic signs and the direction the cars were travelling in. This information will help authorities to decide who was at fault.
Car accidents can wreak havoc on lives. Not only can car accidents cause serious bodily injury and sometimes permanent disability, but they can also cause a lot of financial problems through property damage, lost wages, etc. They also cause stress, anxiety, and duress. Many people think that if someone else hits them, they’ll be fine–the other person’s insurance will take care of everything. This isn’t always true.
• Check for injuries and make sure everyone is okay. Call an ambulance if needed.
• Stay at the scene. You can be charged with a crime if you leave the scene, especially is someone is injured.
• Call the police, even if it is a minor accident. Having a police report is helpful to determine liability.
• Tell The Truth and Don’t Apologize: Everything you say is probably going to be written down in a police report. If it wasn’t your fault then don’t say it was and don’t apologize. Just give an accurate and detailed witness statement. It will likely be used later to help determine liability.
• Take pictures: If possible to do safely, take pictures of the accident before cars are moved. However, it is important to stay safe and move the vehicles to the side of the road. If you weren’t able before, take pictures once the cars are moved.
• Exchange Information: It is important to know who all was involved. Don’t rely on the police to preserve the information. They are usually pretty good but mistakes do happen. Write down the license plates of all parties involved, including witnesses, full name and contact information, Insurance company and policy number, Driver’s license and license plate number, Type, color and model of vehicle
• Location of accident: The III recommends that you avoid discussing fault when going over the facts with the other driver: When you file an insurance claim, the adjuster reviewing your claim will determine who’s at fault based on an inspection of the vehicles/property damaged, information provided by you and the other parties involved in the accident, and any supporting documentation, like the police report or photographs from the scene.
• Seek Medical Attention: it won’t cost you anything initially: All insurance policies have PIP, which covers a minimum of $3000 of medical care after an accident. Many people don’t seek care because they are worried about paying for it. For purposes of the case, it is important to document your injuries as well. Seek medical care from a certified injury professional. Not all doctors are the same and know what to do after an accident. We can refer you to our recommended professionals if you like.
• Contact Your Insurance Company: Report the claim to your insurance company at your earliest convenience. Many people think if they were not at fault they don’t need to file a claim. That is not true; you do need to file a claim. Utah Law states that your premiums will not go up if you file a claim for which you are not at fault.
• Do Not Sign Things Without Reading Them. Many times insurance companies try to get you to sign things that are prejudicial to you. For example, sometimes they slip in a full release of your bodily injury claims in the property damage papers. Make sure you are reading everything or hire an attorney before you have to sign anything.
• Keep a Journal and Accurate Records: Lots of things will happen all at once and you think you’ll remember everything later, but over time you will start to forget things. Keep accurate records and notes in case you need to recall details later.
Making a claim to your insurance provider
Phone your insurance company as soon as possible ideally at the time of the accident. They’ll ask for: • Your policy number or information to identify you, such as your post code and car registration number. • The registration number of the cars involved. • The driver’s name, address and phone number. • The driver’s insurance details if you have them. Still tell your insurer about the accident, because the other driver may try to make a claim without you knowing. You may choose not to claim: • To keep your no claims discount intact, if you don’t have a ‘protected no claims discount’. • If you decide to pay for the repairs yourself.
These are people who arrange accidents in order to make a fraudulent insurance claim. They may do this by braking unexpectedly, causing you to go into the back of their car, or by flashing their lights to indicate you’re free to go before purposely crashing into you. They may also take out their brake light bulbs, giving you no warning when they hit the brakes in front of you, and making it more likely you will crash into them. Crash-for-cash claimants will usually blame you for the accident and give you their insurance information, which is sometimes written out ready on a bit of paper. A few weeks after this happens, you might receive a letter from your insurance company highlighting the damage from the accident the claims they make can be exaggerated (sometimes including recovery vehicle, car hire, or whiplash injuries to others that haven’t occurred) to maximize the money they try to win back.
You’ll be less likely to be involved in such a scam if you keep your eyes open and: • Be especially careful in stop to start traffic, at merging junctions and roundabouts. • Leave plenty of space between you and the car in front. • Be wary of erratic driving behavior such as slowing for no reason. • Take note if their brake lights don’t seem to be working and increase your distance. Some drivers install dash-cams to show their innocence against a crash-for-cash claim. These can be very helpful in establishing proof of a crash-for-cash claim.
• Adaptive cruise control: the car automatically reduces its set speed if the traffic ahead is travelling more slowly than you.
• Dashboard cameras: these record the traffic ahead of (and, optionally, behind) you, which can help prevent crash-for-cash claimants from making fraudulent insurance claims or provide evidence of what happened when you have to make a claim.
• Lane departure warning system: sensors or cameras pick up your cars position on the road and warn you if you’re swaying out of your lane.
South Salt Lake is a city in Salt Lake County, Utah, United States and is part of the Salt Lake City Metropolitan Statistical Area. The population was 23,617 at the 2010 census. Jesse Fox Jr. developed the area South Salt Lake referred to as Central Park around 1890. Mr. Fox chose the name after visiting New York and seeing Central Park there. He was impressed by the park and its design within an urban environment. Despite South Salt Lake being rural at the time, he decided to name the area Central Park. In 1925 the LDS Central Park Ward was created and named after the development. In 1936, an attempted annexation by Salt Lake City failed due to concerns over funding and implementation of a sewer system.
On August 14, 1936 a resolution creating the Town of Central Park was approved by the Board of County Commissioners – however, this did last long, as voters then decided to disincorporation the town in 1937. In a close vote, voters then approved incorporation of South Salt Lake. On September 29, 1938, still in need of a sewer system, South Salt Lake voted to incorporate as the Town of South Salt Lake, with Robert R. Fitts as the first town president. The town was also lacking many other basic amenities at the time that would be easier to implement with incorporation, such as a post office and fire department. In 1939, the Works Progress Administration finally began construction of a sewer system, with a cost of $462,000. The original boundary of South Salt Lake was from 500 East to 300 West and 2100 South to Mill Creek on the south. On August 1, 1950 the population had increased enough for South Salt Lake to be designated as a third class city. This changed the form of government to a mayor and city council.
The town president of the time, Marlow Callahan, became the first mayor of the City of South Salt Lake. In the 1990s, South Salt Lake annexed portions of an unincorporated portion of Salt Lake County to the south, and nearly doubled in land area and population. On January 4, 2010, Cherie Wood became South Salt Lake’s first female mayor. During her administration, South Salt Lake has seen extensive redevelopment efforts. In 2012, a Chinatown development opened on a lot in the city near 3500 South and State Street. It is the only Chinatown in the Intermountain West. In addition to having many Asian-themed restaurants, it has a large Asian-themed supermarket. In 2017, after nearly 7 years of planning, ground was broken on a new mixed-use development known as The Crossing (formerly called Market Station) between State St. and Main St. just south of 2100 South, intended to serve as South Salt Lake’s “downtown”. This development is oriented around mass transit, with an S-Line streetcar stop adjacent to the development, and 1 stop away from the Central Pointe TRAX Station. The first phase includes a WinCo Foods and a townhome development.
Ultimately, this downtown development is planned to have 2,500 family housing units, 1.5 million square feet of retail, 3 million square feet of office and commercial space, and additional green space and trails. According to the United States Census Bureau, the city has a total area of 6.9 square miles (18 km2), all land. The city is bordered by the Jordan River on the west, 500 East and 700 East on the east, 2100 South on the north, and 3900 South on the south. West Valley City lies to the west, Salt Lake City to the north and northeast, and Millcreek to the east and south. Because of its location next to the Jordan River and well away from the mountains, it is mostly flat, only ranging in elevation from about 4,330 feet (1,320 m) to 4,380 feet (1,340 m). According to estimates from the U.S. Census Bureau, as of 2017, there were 24,956 people in South Salt Lake. The racial makeup of the county was 52.4% non-Hispanic White, 8.3% Black, 2.5% Native American, 11.4% Asian, 2.1% Pacific Islander, and 3.6% from two or more races. 21.0% of the population was Hispanic or Latino of any race. As of the census of 2010, there were 23,617 people, 9,160 housing units, with a total of 8,554 households. The population density was 3,401.1 people per square mile (1,231.4/km²) with a land area of 6.94 miles. The racial makeup of the city was 69.5% White, 4.4% African American, 2.6% Native American, 5.0% Asian, 1.0% Pacific Islander, and 4.1% from two or more races. Hispanic or Latino of any race was 29.1% of the population. According to the Deseret News, ground breaking on the new Chinatown occurred in 2011 for a Chinese-themed shopping mall with a “… 27,000 square foot Asian grocery store, 65,000 square foot indoor mall including 38 Asian-themed shops and 12,000 square feet Asian-themed strip mall”. Since 2007, crime in South Salt Lake has been reduced by 30%. Former SSL Police Chief Chris Snyder attributes the drop in crime to 4 factors: Increased attention to code enforcement, Crime Free Rental Housing program that results in greater landlord scrutiny of potential renters, Partnerships, such as that with United Way of Salt Lake, combined with community organizing, such as the Promise South Salt Lake initiative, South Salt Lake Community Connection that address resident needs and improve neighborhoods, and Extensive youth development efforts, such as Promise afterschool programs delivered in nine Neighborhood Centers across the city, and urban/neighborhood revitalization projects. There is a new emphasis on redevelopment (including the Market Station development) and a reduction in the number of liquor licenses allowed to be issued is anticipated to reduce crime in the city.
This interchange is known locally as the “Spaghetti Bowl” due to its complex array of on and off ramps, which extend to several other city roads in the area. US 89 runs north-to-south along State Street through the heart of South Salt Lake, serving as the primary commercial corridor and includes an interchange at I 80. SR 171 (3300 South) traverses the city east-to-west, with an interchange at I 15. SR 71 (South 700 East) runs along the southern part of the east border of the Utah Transit Authority’s (UTA) TRAX light rail runs through the city at about 200 West, with 3 stations located within the city limits. All three of the TRAX lines (Blue, Red, and Green) enter the city from the north at Central Pointe station. (The UTA Police Department was located at the Central Pointe station until it moved to its new location at the Murray Central station in July 2016.) From Central Pointe station the Green Line heads west to West Valley City while both the Blue and Red lines continue south to stop at the Millcreek station before leaving the city just south of the Meadowbrook station. UTA also has several local bus routes that run through the city, many of which stop every fifteen minutes. In December 2013, the S Line streetcar (formerly known as Sugar House Streetcar) opened for service. The S Line was built along an existing rail line just south of 2100 South (the northern border of the city) from the Central Pointe station to the Sugar House neighborhood in southeastern Salt Lake City.
In addition to Central Pointe station, the S Line will include stops at South Main Street (South Salt Lake City station), South 300 East (300 East station), and South 500 East (500 East station) before leaving the city. Although operated by UTA, the S Line is a joint project between South Salt Lake, Salt Lake City, and UTA. One of South Salt Lake’s most notable and historic buildings is the Columbus Center. Originally a school around the turn of the 20th century, it was later used as a daycare center beginning in the 1950s. After being condemned in the late 1980s, it was renovated and expanded to include a branch of the Salt Lake County Library System as well as an auditorium, senior center and several other facilities. South Salt Lake lies within the Granite School District. The city is served by three public elementary schools (Lincoln, Woodrow Wilson, and Roosevelt) (per K-6th grade), and one junior high school (Granite Park Junior High). With Mayor Wood’s emphasis on education, two charter schools have located in South Salt Lake, Allianz (K-8) and the Utah International Charter School (7-12). The Salt Lake City campus of Broadview University is located next to the South Salt Lake city offices, and the city also has strong ties and partnerships with local institutions of higher education, Salt Lake Community College and Westminster College. Utah State University has a satellite campus located within the Granite District Offices at 2500 South State Street, also in South Salt Lake.
South Salt Lake Crime
We have had a lot of car break-ins lately along. Hot spots are scattered. We do have a large population of homeless gathering around Harmony Park, Jordan parkway, Maverick. Motel 6 is a big hot spot for crime. Theft is pretty high, drug use. The entire town seems to struggle with crime, High for drive-thru crime.
What if you were the operator of an ATV and are at fault for the accident?
One common reason people get in ATV accidents is a lack of appropriate training. Not understanding how the vehicle works on rough terrain, on hillsides or on paved roads can lead to a crash or rollover. Similarly, many children to have accidents on ATVs that were intended to be driven by adults. In general, ATV engines that are 90cc and over are for children that are 16 or older. Children do not have the strength or experience to operate ATVs intended for adults. If your child is driving someone else’s ATV without adult supervision and gets injured, you may be able to secure a settlement with the ATV owner’s insurance company. Another common reason for ATV accidents is that the operator hauls a load or a passenger that exceeds manufacturer recommendations. Adding weight to the ATV makes it less maneuverable and increases the likelihood that it will roll over. Even if you are in a single-vehicle ATV accident, you may have recourse to recover compensation for your injuries in a product liability lawsuit. Sometimes an ATV accident that seems to be caused by operator error is actually caused by equipment failure, such as defective brakes or defective steering mechanisms, or even a defective helmet. In those cases, it may be appropriate to bring a suit against the manufacturer of the defective product. It is important to preserve the ATV and your helmet if you believe equipment failure might have been responsible for your injuries. These are pieces of evidence that may need to be examined by an expert. If the trail you were on while driving the ATV was damaged, a premises liability case may be appropriate.
How To Get My ATV License In South Salt Lake
There is no off-roading license needed to drive an ATV in Utah. A driver’s license will suffice. However, people from the ages of eight through 15 must acquire ATV certification to operate an ATV.
How To Register My ATV In South Salt Lake
Utah residents can register their ATV at the Utah Division of Motor Vehicles. ATVs can also be registered as street legal after proof of insurance and an inspection.
How Old Do I Have To Be To Ride My ATV In South Salt Lake
No one under the age of eight can operate an ATV. Youth from ages eight to 15 must acquire an ATV education certificate before driving an ATV on public land. The certification simply requires the completion of an online education course by the Utah Division of Parks and Recreation.
Where Can I Ride My ATV In South Salt Lake
There are 2,800 miles of off-roading trails in Utah. The public lands open to ATV range from state parks to Bureau of Land Management areas. Can I Legally Ride My ATV On The Street In South Salt Lake ATVs are allowed street access in Utah. ATVs that are considered Type I or Utility Type Vehicle may be registered and inspected for use as a street legal ATV. The ATV must be 52 inches or less in width and have a weight of 1,500 pounds or less. For street legal ATVs, the driver must have insurance.
Can I Ride My ATV In South Salt Lake, If I’m Visiting From Another State?
A permit is required for nonresidents to operate an ATV in Utah. To obtain a permit, proof of out-of-state residency and proof of ownership is required. Get a permit at an authorized vendor or online. If an ATV is authorized as street legal in another state, then the ATV is street legal in Utah if it falls under the same measures that make a ATV street legal in Utah.
ATV Accident and Injury Lawyer Free Consultation
When you need legal help in South Salt Lake City Utah for an ATV Accident or injury, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Over 30,000 people reside in our community and we are prepared to meet the challenges of the of the future. Tooele City, a Utah community, is nestled at the foothills of the Oquirrh Mountains. It is located about 35 miles southwest of Salt Lake City. Even though the origin of the name “Tooele” has been disputed for decades, everyone agrees that we have a rich, colorful history. Four significant eras capsulize the rich history of Tooele City: Tooele was primarily an agricultural community and grew to a population of about 1,200 at the turn of the century. Many of the prominent families who settled Tooele have descendants living in the area. Like their ancestors, these families play an integral role in building our community. Tooele transformed into an industrialized city during the first half of the 20th century and the population increased to 5,000 people by 1930. The transformation was boosted by the construction of railroads and the opening of the International Smelting and Refining Company, east of Tooele. The Tooele Valley Railroad, a seven mile line, ran from the smelter west to the Union Pacific Railroad main line.
In the eastern section of Tooele, “New Town” was built for many of the 1,000 smelter workers. Families from the Balkans, Italy, Greece, and Asia Minor lived in this area and formed their own community. New Town included its own school, church, culture and numerous languages. Outbreak of World War II brought the establishment of military bases in the area that strengthened the nation’s defense, boosted the local economy, and created a dramatic change in Tooele’s history. Following the attack on Pearl Harbor, a 25,000-acre tract southwest of Tooele was selected as a site where the Tooele Ordnance Depot was built in 1942. A storage depot for chemical weapons was also constructed 20 miles south of Tooele City. These weapons are now being destroyed by incineration at the Deseret Chemical Depot. Tooele’s heritage was further enriched in the 1950s and 1960s as many Hispanic families moved to the area to support the expanding mission of the depot. Men and women of Tooele played vital roles in supporting the soldiers in the field during World War II, the Korean Conflict, Vietnam War, and the Persian Gulf War. The name of the depot has changed from Tooele Ordnance Depot to Tooele Army Depot and most recently TEAD. In 1993, at the end of the Cold War, the depot was designated for “base re-alignment” by the Department of Defense. The TEAD workforce that once reached as many as 5,000 employees has been reduced to about 400 workers today. About 1,700 acres of depot property was annexed into the city. The Army conveyed 40 acres and its multi-million dollar Consolidated Maintenance Facility to Tooele City in 1996.
This building was then sold to Penske Realty of Utah and Detroit Diesel opened a re-manufacturing plant that currently employs about 400 people. In December of 1998, over 1,600 acres of industrial property and buildings were conveyed to Tooele City. The parcel was sold to a developer the Utah Industrial Depot was formed. In 1999, the Utah Industrial Depot attracted 168 new jobs. The Utah Industrial Depot was sold to the Ninigret Group in 2013 and renamed Ninigret Depot. The Ninigret Depot is a premier business park in northern Utah for industry and commerce and is in the process of attracting new private businesses to the area. Tooele, Utah’s estimated population is 35,251 according to the most recent United States census estimates. Tooele, Utah is the 24th largest city in Utah based on official 2017 estimates from the US Census Bureau. The population density is 1463.15 people/mi² (564.92 people/km²). Based on data from the American Community Survey, in 2017 there were 11,314 households in the city, with an average size of 3.09 people per household. Utah and off-roading are practically synonymous. Featuring over 2,800 miles of public land designed for off-roading, there is so much to explore in this state. From Bryce Canyon to Moab, there are plenty of incredible places to discover.
While Utah is an ATV-friendly state, you should still ensure that you understand all of the rules and regulations. Here’s what you need to know. There are 2,800 miles of off-roading trails in Utah. The public lands open to ATV range from state parks to Bureau of Land Management areas. Visit the Utah DNR website for all of the details about where to ride, which includes everything from Gemini Bridges to Casto Canyon to Utah Rims. Wind, water and time have sculptured Tooele County, Utah’s 7,000 square miles into high mountains, deep canyons, broad valleys and endless deserts. Across this vast and geologically diverse terrain are miles of multi-purpose trails that offer exciting and crowd-free adventure for hiking, horseback riding, mountain biking, road cycling and ATV rides. The Tooele County Trails Committee, under the auspices of the Tooele County Commission and the Tooele County Department of Parks and Recreation, has created this website to inform the outdoor enthusiast about eastern Tooele County’s best multi-purpose trails and road cycling routes. The 20 trails and routes on this site represent only a fraction of the available areas in eastern Tooele County. They are listed here because the Tooele County Trails Committee has inventoried each one, determined GPS waypoints, and has installed and maintains trail signage. The trails are also officially recognized by Tooele County as open for the public’s enjoyment. This website is a work-in-progress. As other trails are inventoried, they will be added. A hard copy map of this website is also available and can be found at brochure racks.
ATV Trail Etiquette
Most of the trails featured in this publication are multiple-use, which means users may encounter hikers, horseback riders, mountain bikers or ATV Riders at any time. To ensure a safe and enjoyable experience for all, please follow these trail etiquette guidelines that have been developed and used by other trail organizations across the U.S. for years.
• Because horses can be easily frightened, hikers, mountain bikers and ATV riders must yield to horseback riders at all times. To properly yield for horseback riders on a narrow trail, stop and move downhill off the trail. A horse in panic will typically run uphill.
• ATV riders are required to yield to all uphill traffic—not just for horses. ATV riders that meet hikers and mountain bikers coming from the opposite direction, must slow down, pull over, and yield the right-of-way. ATV riders that meet horseback riders coming from the opposite direction are required to stop, turn off their engines, remove their helmets to lessen the horse/s anxiety, and not make any sudden movements.
• Mountain bikers are required to yield to all hikers and horseback riders, and except for ATV riders, yield to all uphill traffic. That means mountain bikers who are descending a trail must yield if they see a hiker, horseback rider or another mountain biker coming up the trail. ATV riders climbing a trail are required to stop and yield to all descending hikers, mountain bikers and horseback riders.
• Hikers descending a trail yield only to other hikers or horseback riders coming up the trail. When hiking in a group, yield to single or pair hikers. Also when hiking in a group, hike in single file.
• ATV riders yield to all hikers, bikers and horses. Bikers yield to all hikers and horses. And hikers yield only for horses, and hikers moving uphill.
• Always be friendly, courteous and respectful to other trail users.
• Regardless of your mode of travel, don’t hike or ride on muddy trails.
• Many of the trails listed on this website have livestock gates. Users are asked to always leave the gate as they found it. But when in doubt, close the gate.
Does homeowners insurance cover theft?
Theft of any kind can be devastating for homeowners. Your home contains not only items with monetary value, but also items with emotional value for you and your family. That’s why having the right homeowners insurance policy is crucial in the unfortunate event of a break-in. If you have just experienced a theft or break-in, contact the police right away to file a report. Then, file a claim with your insurance company as soon as possible.
Does homeowners insurance cover theft from a home?
Typical homeowners (including renters and condominium) policies include coverage for your personal property. Loss due to theft is generally included as part of the personal property protection. This means that if an intruder breaks in and steals valuables from your home or detached structures, your home insurance should cover it. Most policies also include coverage for your property while it is away from the home, subject to limitations. However, the personal property limits are initially set as a percentage of your dwelling coverage, which determines how much your insurance provider can reimburse you for the theft. It’s important to set realistic limits based on the value of the items in your home so you don’t end up with a significant loss. In addition to our standard homeowners’ policy, Nationwide offers optional coverages, like Brand New Belongings, which pays to repair or replace your covered belongings without deduction for depreciation, regardless of age or condition, to provide you with extra protection in the event of theft.
Does homeowners insurance cover ATV theft?
No, your homeowner’s policy would not cover this. Comprehensive coverage, which is an optional coverage on your auto insurance policy, will cover this loss.
Does homeowners insurance cover theft from an ATV?
Comprehensive insurance will cover costs to the ATV resulting from a break-in, including vehicle repairs. Audio equipment that is permanently installed in your ATV is also covered. As for other valuables stolen from your ATV, your home, condominium insurance or renters’ policy may cover your loss. You should maintain adequate proof of ownership, such as a receipt. Your home, condominium or renters policy deductible will apply to any covered loss and any payments are not made until the deductible is met.
Do I need insurance for my ATV?
• State laws differ, but generally speaking, you must have insurance on your ATV if you ride anywhere besides private land • 4-wheelers are NOT fully covered under your homeowner’s insurance plan • There is a wide range of options to choose from when picking your ATV insurance plan • If you race ATVs or use them in business ventures, you need a special type of insurance plan Here are the types of coverage you may want to consider when buying a 4-wheeler: • Bodily Injury and Property Damage Liability: This will cover the cost incurred with damaging property or injuring a person. • Comprehensive & Collision Coverage: This coverage will protect you in the event that your 4-wheeler gets into an accident with another object or vehicle. It takes care of any non-vehicular incidents that caused damage to your 4-wheeler – fire, theft, vandalism, and collision with an animal. • Medical Payments Cover: This is a good type of cover to have because it provides compensation for the medical services given to you after being hurt in a 4-wheeler accident, regardless of who is at fault. • Uninsured/Underinsured Motorist Coverage: Again, like car insurance, if you have the unfortunate fate to get into a terrible accident where the other motorist either has minimum coverage or no insurance coverage at all, this type of cover provides you peace of mind that you are covered. • Accessory and/or Safety Apparel Coverage: This protects all electronic equipment and gadgets as well as upgrades installed in your 4-wheeler apart from the factory-installed ones. Also, trailer, covers, helmets, and other safety apparel or accessories related to your 4-wheeler would be covered.
If you race 4-wheelers or ATVs you will need to find a plan that specializes in this sort of use. Due to the added danger and risk associated with racing ATVs, you need to let your insurance agent know about your endeavors in order to receive the proper insurance product. In many states, if you use your 4-wheeler for commercial use, you will need to get commercial coverage that takes these factors into consideration. Regular ATV insurance will not be satisfactory if you give tours, lease out 4-wheelers, or use your ATV for any business endeavor.
ATV Accident Liability
All-terrain vehicles, also known as ATVs, are kinds of vehicles that be driven through all kinds of terrains and surfaces. ATVs, although fun, have a higher center of gravity and a narrow wheel base that creates a high risk of rolling over, even on flat surfaces. This makes the chances of personal injury very high and approximately 75 percent of ATV accidents cause serious long-term damage to the head or spinal cord. Other injuries could include broken bones, crushed limbs and lacerations. In many states, not only is there no minimum age law to ride ATVs, there are no safety helmet laws either. Safety is really important when it comes to having fun on ATVs, but accidents do happen. An ATV accident is one that results in property damage, injury or death. These accidents can occur for many reasons, but with the risk of driving an ATV, most cases are due to the improper handling of the vehicle from the driver. Victims of ATV accidents cannot collect compensation unless they prove the accident occurred through negligence. To show an accident was due to someone else’s negligence, the incident must fall under at least one of the following criteria: • Caused harm to the victim • Caused by another’s carelessness • Was the fault of another Comparative negligence could be a factor if there is more than one person that could be at fault for the accident. In other words, the liability is placed on the person who more than likely caused the incident. If the accident occurred due to a faulty part in the ATV, this could be a case for product liability. Manufacturers and sellers are responsible if they sell a defective product. On the other hand, if one utilizes an ATV for recreational use at an outfitter, the land owners must take precautions to carefully mark land boundaries. These markers should be clearly visible. Unmarked wire and rope boundaries could be fatal to people riding ATVs. If an accident has occurred and there are damages to the ATV, the driver may be responsible for reimbursing the ATV outfitter for the cost of the ATV at its current market value.
Tooele Utah ATV Accident Lawyer Free Consultation
When you need legal help from a Tooele Utah ATV accident and injury lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Heber City Utah, is located in a beautiful mountain valley just a short drive from the Wasatch Front. The area offers outstanding year-round outdoor recreation including golf, fly fishing, boating, and water sports, plus skiing and other winter sports. In summer, temperatures are usually cool and pleasant. In winter, abundant snowfall makes this a paradise for winter recreation. Heber City is a city in northwestern Wasatch County, Utah, United States. Heber City was founded by English immigrants who were members of the Church of Jesus Christ of Latter-day Saints in the late 1850s, and is named after the Mormon apostle Heber C. Kimball. It is the county seat of Wasatch County. The original Heber City town square is located on the west side of Main Street between Center Street and 100 North and currently houses city offices as well as the historic Wasatch Stake Tabernacle and Heber Amusement Hall. The city was largely pastoral, focusing largely on dairy farms and cattle ranching, and has since become a bedroom community for Orem, Provo, Park City and Salt Lake City. Heber City is currently governed by Mayor Kelleen Potter along with City Council Members. Within the city limits are Heber Valley, Old Mill, Daniels Canyon and J.R. Smith Elementary Schools, Timpanogos Middle School, Rocky Mountain Middle School, Wasatch High School, and Wasatch Alternative High School. An additional school in the Heber Valley is Midway Elementary School. All of these schools are part of the Wasatch County School District. Utah Valley University maintains a satellite campus just north of Heber City along the US-40 corridor.
Heber City was first settled in 1859 by Robert Broadhead, James Davis and James Gurr. John W. Witt built the first house in the area. The area was under the direction of Bishop Silas Smith who was in Provo. In 1860 Joseph S. Murdock became the bishop over the Latter-day Saints in Heber City and vicinity. Heber City is located at 40°30′24″N 111°24′44″W (40.506793, -111.412292), at an elevation of 5595 feet. The region in which Heber City is located is known as the Wasatch Back. According to the United States Census Bureau, the city has a total area of 3.5 square miles (8.9 km2), all of it land. Heber City is in the neighborhood of three large reservoirs, Jordanelle, Deer Creek, and Strawberry.
Skiing and Snowboarding is very popular among Heber City’s youth, and many people go to Park City mountain resort, Canyons, or Deer Valley, all of which are in Park City. Farming and ranching is a large force in the economy, but this has diminished slightly. The largest local employer is the Wasatch County School District. As of the census of 2010, there were 11,362 people and 3,637 households residing in the city. The population density was 2,113.5 people per square mile (816/km2). There were 3,637 housing units at an average density of 710.5 per square mile (274.3/km2). The racial makeup of the city was 87.7% White, 0.4% African American, 0.8% Native American, 1.1% Asian, and 0.1% Pacific Islander. Hispanic or Latino of any race were 18.4% of the population. There were 3,362 households out of which 50.2% had children under the age of 18 living with them, 66% were married couples living together, 9.4% had a female householder with no husband present, and 20.6% were non-families. Of all households 15.9% were made up of individuals and 6.4% had someone living alone who was 65 years of age or older. The average household size was 3.35 and the average family size was 3.78. The median age was 28.5 years.
ATV Accident Lawyer
ATV riding is a popular activity that many consider a relaxing yet exciting sport. At the same time, it’s a high-risk hobby, and when ATV accidents occur, just who is responsible for the risk can become a major concern. If you have been involved in an accident, there will be multiple questions that require the experience of a personal injury lawyer. Heber has no shortage of areas that look and feel as if they were created specifically for exploration with an ATV, but accidents do happen. When they do, your life can be completely changed forever, and by no fault of your own. Although riding ATVs is among the most popular hobbies in Utah, Heber leads the county in ATV accidents. While this shouldn’t affect your decision to continue to enjoy your hobby, you should keep in mind that there could be more ATVs operating in a smaller area than in other areas of the state. Because of this, accidents involving multiple ATVs and motorists can occur more frequently. Whether your accident takes place in Utah or anywhere else, however, you’re likely to suffer severe physical and mental injuries.
Heber has restrictions on where you can operate an ATV. For example, one of the ATV laws is that you aren’t supposed to ride them on the highway or on private property unless you have permission from the owner of the property. On the other hand, property owners are obligated to maintain their property in such a way that it is safe for travel. It isn’t always easy to determine where one property ends and another begins, so how do you know who is responsible when an ATV accident occurs as a result of neglected property?
ATV Accident Scenarios
One of the most likely scenarios is for a rider to unknowingly cross a property line, and then perhaps hit a stump from a freshly cut tree. For the average citizen, it’s difficult to assess just who is responsible for that accident. Although you may not have permission to be on the land, there may not be clear markers to let you know. The existence of the stump may have left the area unsafe as far as the court is concerned. This is just one example of a time when you need a qualified ATV accident.
Because there is no external protection on some ATVs and only limited external protection on others, there is every potential to develop long-term issues as a result of an accident on an ATV. This is especially true if you weren’t wearing safety gear or your safety gear wasn’t able to cover some vulnerable areas, like your vertebrae. Again, it’s difficult for the average citizen to assess who is responsible for such injuries, much less enforce that responsibility
Short-term injuries don’t sound threatening because they may not last as long as other injuries. At the same time, they may cause you to miss work, and can limit your day-to-day responsibilities. It’s important that you don’t have to risk losing anything if you aren’t the one ultimately responsible for the injury in the first place. For some people, losing a day’s pay doesn’t mean a lot, but for the majority of the country, it could mean the loss of services or even healthcare. This is not even including medical bills and the cost of other expenses necessary in getting you back on your feet.
Contact An Experienced ATV Accident Attorney
If you are unfortunate enough to have been involved in an ATV accident, don’t assume you have to deal with it by yourself. Contact an experienced ATV accident lawyer.
ATV Accidents in Heber
Four-wheelers, motocross bikes, and other all-terrain vehicles (ATVs) are by design unstable and sensitive. Yet these recreational vehicles, along with speedboats and Jet Skis, are heavily marketed to the adventurous. The Heber personal injury lawyers have seen the tragic results of ATV and boating accidents. All-terrain vehicle accidents often result in serious or fatal head and neck injuries, or permanently disabling knee or foot injuries.
Accident Statistics for ATVs
• 300 people die in ATV accidents every year in the United States. The majority of these deaths are caused by head and spinal cord injuries. • Approximately 80% of all boat accident fatalities occurred on vessels where the operator had not received boating safety instruction, and alcohol was involved in 39% of all fatal boating accidents. If you were injured or a member of your family was killed in a recreational accident as a passenger, driver, or water skier, it is important to hire a lawyer with the right experience. You need someone who will stand up for you as you seek justice and fair compensation for your injuries and loss.
Who Can Ride ATVs (and Who Shouldn’t)
There are no federal regulations or age limits when it comes to riding ATVs. Instead, each state has its own guidelines and laws. Some states require ATV riders to be 16 years old and have a safety certificate. Other states allow kids as young as 10 to ride ATVs as long as they’re supervised by an adult with a valid driver’s license. The AAP does not recommend ATV use for children and teens 16 or younger. ATVs can be too large for smaller kids to handle safely, even if it’s legal for them to be riding them. Safely operating an ATV requires the driver to make quick decisions, such as speeding up, slowing down, or shifting his or her weight in response to changes in the environment. Kids under 16 are unlikely to be able to make these choices or have the skills to carry them out. If your child does ride an ATV, make sure you understand and follow the rules of your state. Visit the Consumer Product Safety Commission (CPSC) online for this information. This applies even if your child won’t be steering the ATV. Many states don’t allow passengers to ride unless the ATV is specifically designed to carry two people. ATV riding will always be risky and because they’re fun, many kids and teens will want to try them. There are no guarantees that kids won’t get hurt, even with precautions and protective laws in place. But by making sure that riders follow safety rules and know how to use ATVs safely, parents can do their best to help protect them from being injured.
Why is an ATV so dangerous?
There isn’t a week which goes by without a child being seriously injured after riding one at a friend’s house, or a farmer leaving the homestead on one, never to return. In fact, so dangerous are ATV’s here in Heber that they now hold the crown as the biggest killer on our farms, with 1 farmer dying each week on average. In 2015, a total of 24 farmers died in ATV accidents between January and the end of June, while another 50 suffered non-fatal injuries which were serious enough to be reported. As human beings none of us will ever be perfect and rider error will always be a factor. Perhaps it is the machine which needs to be made less deadly. One would imagine that a 4-wheeled ATV would be safer than a similarly sized 2-wheeled dirt bike. I mean why wouldn’t it be? The added stability of having four wheels on the ground means the rider doesn’t need to balance anywhere near as much. In theory, this is true, but in reality it couldn’t be further from the truth. A big part of what makes an ATV so dangerous is their inherent flaw in their design, resulting in a lack of lateral stability and crush protection for the rider. Put simply, ATV’s roll over all too easily, and often the consequences of that roll can be fatal. Another issue with an ATV is the weight up to twice the weight of a dirt bike. If you drop a dirt bike, the worst thing that might happen is you’ll break a leg. But if you roll an ATV you run the risk of breaking your neck, breaking your back or at least being on the receiving end of crush injuries to potentially any part of your body. By design, ATV’s are also great at tumbling down hills out of control, potentially hurting or injuring other bystanders.
So the next time you’re given the chance to ride an ATV in a seemingly harmless environment, make sure you treat it with the caution and respect it deserves.
• Always wear safety gear. Helmets, goggles, boots, gloves – they works. • Do a pre-ride inspection every time. Also check the tires for wear and rims for damage. • Never ride alone. Running out of fuel or crashing can be life threatening if you’re alone. • Don’t ride drunk. ATV’s are dangerous enough as they are. • If you’re tired, stop riding. • One rider at a time. No piggy-backing or side riding. • Ride on Designated Trails. Going off the beaten track increases your chances of rolling. • Ride an ATV which suits your size. As a general rule, 90cc engines or larger for those 16 years and older. • Know your surroundings. Look ahead just like driving a car so you can see what’s coming. • Don’t mess around. Probably one of the top reason riders get hurt. Whether it’s showing off, trying to see what their quad can do or just plain stupidity, don’t ride beyond your ability.
Heber City Utah ATV Accident Lawyer Free Consultation
When you need legal help with an ATV Accident in Heber City Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
South Jordan is a city in south central Salt Lake County, Utah, 18 miles (29 km) south of Salt Lake City. Part of the Salt Lake City metropolitan area, the city lays in the Salt Lake Valley along the banks of the Jordan River between the 9,000-foot (2,700 m) Oquirrh Mountains and the 12,000-foot (3,700 m) Wasatch Mountains. The city has 3.5 miles (5.6 km) of the Jordan River Parkway that contains fishing ponds, trails, parks, and natural habitats. The Salt Lake County fair grounds and equestrian park, 67-acre (27 ha) Oquirrh Lake, and 27 parks are located inside the city. As of the 2010 Census, its population was 50,418. Founded in 1859 by Mormon settlers and historically an agrarian town, South Jordan has become a rapidly growing bedroom community of Salt Lake City. Kennecott Land, a land development company, has recently begun construction on the master-planned Daybreak Community for the entire western half of South Jordan, potentially doubling South Jordan’s population. South Jordan is the first city in the world with two temples of The Church of Jesus Christ of Latter-day Saints, Jordan River Utah Temple and Oquirrh Mountain Utah Temple.
The city has two TRAX light rail stops, as well as one commuter rail stop on the Frontrunners. South Jordan is also a growing tech hub with headquarters of companies like IT software company Ivanti. The first known inhabitants were members of the Desert Archaic Culture who were nomadic hunter-gatherers. From 400 A.D. to around 1350 A.D., the Fremont people settled into villages and farmed corn and squash. Changes in climatic conditions to a cooler, drier period and the movement into the area of ancestors of the Ute, Paiute, and Shoshone, led to the disappearance of the Fremont people. When European settlers arrived, there were no permanent Native American settlements in the Salt Lake Valley, but the area bordered several tribes – the territory of the Northwestern Shoshone to the north, the Timpanogots band of the Ute’s to the south in Utah Valley, and the Goshutes to the west in Tooele Valley. The only recorded trapper to lead a party through the area was Etienne Provost, a French Canadian. In October 1824, Provost’s party was lured into an Indian camp somewhere along the Jordan River north of Utah Lake. The people responsible for the attack were planning revenge against Provost’s party for an earlier unexplained incident involving other trappers. Provost escaped, but his men were caught off-guard and fifteen of them were killed.
In 1863, the South Jordan LDS Branch was organized as a branch of the West Jordan Ward, giving South Jordan its name. The Branch consisted of just nine families. A school was built in 1864 out of adobe and also served as the LDS Meetinghouse for the South Jordan Branch. As South Jordan grew, a new and larger building was constructed in 1873 on the east side of the site of the present-day cemetery. It had an upper and lower entrance with a granite foundation using left-over materials brought from the granite quarry at the mouth of Little Cottonwood Canyon. The upper story was made of oversized adobe bricks. The main hall had curtains which could be pulled to section off the hall for classes. The meetinghouse also served as the “ward” school when it was held during the fall and winter months. It came to be known as the “Mud Temple”, and was in use until 1908. In the late 1890s, alfalfa hay was introduced and took the place of tougher native grasses which had been used up to that point for feed for livestock. In good years, alfalfa could produce three crops that were stored for winter. Sugar beets were introduced to South Jordan around 1910. Farmers liked sugar beets because they could be sold for cash at the Utah-Idaho Sugar Company factory in West Jordan. Sugar beet farming became so integral to the region, that the region’s high school (Jordan High School) mascot was named the “beet digger”. One of the worst school bus accidents in United States history occurred on December 1, 1938.
A bus loaded with 38 students from South Jordan, Riverton, and Bluffdale crossed in front of an oncoming train that was obscured by fog and snow. The bus was broadsided killing the bus driver and 23 students. The concern about bus safety from the South Jordan accident led to changes in state and eventually federal law mandating that buses stop and open the doors before proceeding into a railroad crossing. The same railroad crossing was the site of many other crashes in the following years with the last deadly crash occurring on December 31, 1995, when three teens died while crossing the tracks in their car. As of the 2010 census, there were 50,418 people residing in 14,333 households. The population density was 2,278 people per square mile (880/km²). There were 14,943 housing units at an average density of 675.3 per square mile (260.8/km²). The racial makeup of the city was 91.5% White, 0.2% African American, 0.2% Native American, 2.6% Asian, 0.9% Pacific Islander, and 2.4% from two or more races. Hispanic or Latino of any race was 6.0% of the population. The racial makeup of Salt Lake County was 81.2% White, 1.6% African American, 0.9% Native American, 3.1% Asian, 1.4% Pacific Islander, and 1.9% from two or more races. Hispanic of any race was 16.4%. The racial makeup of Utah was 92.9% White, 1.3% African American, 1.4% Native American, 3.3% Asian, 1.5% Pacific Islander, and 3.1% from two or more races.
Hispanic of any race was 17.1%. There were 14,433 households out of which 46.8% had children under the age of 18 living with them, 76.5% were married couples living together, 6.6% had a female householder with no husband present, and 14.1% were non-families. 11.0% of all households were made up of individuals and 4.3% had someone living alone who was 65 years of age or older. The average household size was 3.83 compared to 2.94 for Salt Lake County and 3.03 for Utah. There were 22,368 people employed over the age of 16 with 17,258 people working in the private sector, 2,744 in the government sector, 1,186 self-employed and 32 unpaid family workers. The mean travel time to work was 23.8 minutes. There were 4,153 people employed in educational services, health care and social assistance. There were 2,862 people employed in professional, scientific, management, administrative and waste management services.
There were 2,420 people employed in finance, insurance, real estate and rental and leasing. There were 2,316 people employed in retail trade, 1,633 in construction and 2,050 in manufacturing. In 2010, South Jordan had a total of 57 total law enforcement employees for a rate of 1.13 employees per 1,000 residents. City police officers made a total of 910 arrests. Total crimes reported were 3,810. Total crimes contain 22 categories that include everything from murder, rape and assault to drug offenses, larceny and prostitution. The city has 27 municipal parks and playgrounds ranging in size from 0.39-acre (0.16 ha) Bolton Park in the north-west part of the city to the 59-acre (24 ha) Riverfront Park along the Jordan River and the 80-acre (32 ha) City Park along Redwood Road. City Park includes baseball and softball fields, football, soccer, and lacrosse fields, volleyball courts, tennis courts and a skate park. Riverfront Park includes two fishing ponds stocked with rainbow trout and catfish by the Division of Wildlife Resources and 22 acres (8.9 ha) of natural habitat.
Other recreational facilities owned by South Jordan City include the Aquatic and Fitness center, Community Center providing the senior programs, Mulligan’s two miniature golf and two nine-hole executive golf courses. Two trails meander through South Jordan. The Bingham Creek Trail starts in the northwest part of the city and travels 0.5 miles (0.80 km) North-East until it reaches the West Jordan border. A 3.5-mile (5.6 km) section of the Jordan River Parkway trail runs through the city from northern edge of the city all the way to the southern edge. The trail has a combined bike and jogging path, plus an equestrian path. Salt Lake County operates the 120-acre (49 ha) Equestrian Park that sits adjacent to South Jordan City Park. The park grounds contain a horse racing track, a polo and dressage field, indoor arenas and stables. The Salt Lake County Fair is held every August at the park. The 67-acre (27 ha) Oquirrh Lake sits inside 137 acres (55 ha) of park and wetlands located at the Daybreak Community. Recreational opportunities include fishing, sail boating, kayaking and canoeing. The lake has been stocked with trout, bigmouth bass, channel catfish, bluegill, and fathead minnows. Of the fish they catch, anglers can only keep trout. The lake and the surrounding park land are privately owned, but open to the public, with future plans to turn it over to South Jordan City. In addition to the lake, the Daybreak community includes 22 miles (35 km) of trails, community gardens, tennis courts, basketball courts, pocket parks and community-only swimming pools. On August 3, 2017, South Jordan City hosted stage 4 of the Tour of Utah. South Jordan City employees, specifically from the South Jordan Fitness and Aquatics Center, as well as South Jordan citizens, acted as volunteers to help with the race. South Jordan has a council-manager form of government. The council, the city’s legislative body, consists of five members and a mayor, each serving a four-year term. The council sets policy, and the city manager oversees day-to-day operations. The current mayor is Dawn R. Ramsey. The city council meets the first and third Tuesdays of each month at 6:00 PM. South Jordan lies within Jordan School District.
The district has seven elementary schools (Daybreak, Eastlake, Elk Meadows, Golden Fields, Jordan Ridge, Monte Vista, and South Jordan Elementaries), two middle schools (South Jordan Middle and Elk Ridge Middle, along with a new school being built) and three high schools (Bingham High School, Intoners Early College High School and Valley High (an alternative school)) serving the students of South Jordan. In addition, there is Paradigm public charter high school, Early Light Academy public charter elementary and four private schools (American Heritage, Mountain Heritage Academy, Hawthorn Academy and Stillwater Academy). Salt Lake Community College’s Jordan Campus is located on the boundary between of South Jordan and West Jordan. The Jordan Campus offers general education classes as well as all of the college’s health science courses. Jordan School District’s Applied Technology Center and Itineris Early College High School are also located on campus. Salt Lake Community College’s Miller Campus is located in Sandy next to the border with South Jordan and is home to the college’s Culinary Institute, Miller Business Resource Center for corporate training programs, and training facilities for the Utah Department of Public Safety. The private university in South Jordan is the Roseman University of Health Sciences, which houses schools of pharmacy, dentistry, and an online accelerated nursing program. South Jordan is served by the Utah Transit Authority (UTA) bus system and UTA’s TRAX light rail Red Line. The Red Line connects the TRAX line running to downtown Salt Lake City and the University of Utah. Two TRAX stations, with park and ride lots, are located inside the Daybreak Community. The Daybreak North Station is located at approximately 10600 south and has 400 shared park and ride spaces. The Daybreak South Station is located at 11400 south and has 600 park and ride spaces. Two other stations are located inside West Jordan at the city boundary with South Jordan, the 5600 West Station and the 4800 West Station. The travel time between the Daybreak South Station to downtown Salt Lake City is approximately 60 minutes. Electric service to South Jordan residents is provided by Rocky Mountain Power. Natural gas service is provided by Questar Corporation. Qwest Communications handles local telephone service; long-distance service is available from several providers. Comcast and Qwest both offer high-speed Internet connections. South Jordan city owns the water distribution system. Drinking water is provided by Jordan Valley Water Conservancy District. Secondary water, non-potable water used for landscaping, is provided from the canals running through the city. South Valley Sewer District owns and bills for the sewer system. South Jordan City contracts out to Allied Waste Industries for curbside pickup of household garbage; recyclables are picked up once a week. The Intermountain Riverton Hospital, owned by Intermountain Healthcare, is a 58-bed, full-service hospital in Riverton that also includes a satellite facility for Primary Children’s Medical Center. Jordan Valley Medical Center, owned by Iasis Healthcare, is a 183-bed, full-service hospital located in West Jordan.
Despite widespread awareness of the extreme hazards to by all-terrain vehicles (ATVs), ATV accidents continue to claim the lives and futures of Florida especially youngsters. Under Utah law, ATVs are not authorized for use on paved road, but children continue to bring ATVs on to Utah’s roads and highways. Utah laws also prohibit the carrying of passengers on most ATVs, require children below the age of 16 to take approved ATV training courses, and require kids younger than 16 to wear helmets, eye protection, and over-the-ankle boots when operating ATVs. However, these requirements apply only when ATVs are operated on public lands, leaving kids essentially without protection when riding ATVs on private property. Within the past year and a half, several ATV accidents have starkly confirmed that Utah’s motor vehicle safety laws don’t go far enough, and that even where these laws are potentially helpful, they are not inspiring compliance. It turns out that imperfect laws are not the only weak link in protecting kids from ATV tragedies. Ineffective manufacturer warnings now appear to be part of the problem. In a study published late last month by the American Academy of Pediatrics, the Academy found that even where ATVs come equipped with labels urging safety precautions and warning against high-risk behaviors and any use of ATVs by children younger than 16, high-risk and underage uses continue unabated. The Academy documented not only that almost 40 percent of ATV-related injuries are suffered by users younger than 16, but also that no respondents, in their study, pursued recommended ATV training, and only 36.7 percent of respondents were helmeted at the time of their crashes. The Academy also found that even after being injured, and despite manufacturer labels warning against underage and risky uses, children who survived ATV injuries went on to ride again, and resumed riding without safety gear, riding on paved roads, performing dangerous maneuvers, and carrying passengers.
Equipment failure, in the form of either malfunctioning ATV parts or defective design of ATV parts, may provide another and different avenue of redress for injured ATV operators. All parties in the chain of manufacture and distribution of an ATV that ultimately causes injury are potentially reachable in cases of this kind. The legal principles that may support a claim based on ATV malfunction include traditional negligence (i.e., a breach of a duty of care owed to the ATV operator), warranty breach (involving both explicit and implicit terms of purchase), failure to warn of known equipment risks, and strict liability (in which the inherent danger of ATVs will obviate the need for a suing party to show carelessness on the part of the ATV manufacturer, distributor, and/or retailer).
South Jordan Utah ATV Accident Lawyer Free Consultation
When you need legal help due to an ATV Accident or injury in a Razor or off road vehicle, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
• A thorough understanding of Utah law: There is likelihood that you will not know all the Utah law unless you have specialized legal training, including comparative fault, the consumer Fraud and Deceptive Business Practices Act, or the statute of limitations on a personal injury claim. An experienced Utah based auto accident lawyer will identify the legal issues and relevant laws related to your own accident and provide a good understanding of those laws as well as how they are applied within the local court system. By hiring an attorney who has the detailed knowledge as well as experience you need to recover from such accident, you don’t have to waste time on personal research.
• Help with the insurance claims process: So as to recover from an accident, you have to turn to either your insurance provider or that of the driver at fault. It may sound simple: you will file a claim for the injuries sustained. However, it is quite different in reality. The insurer may deny your claims if they believe you are at fault for the accident. An attorney understands the kind of information to provide so as to increase your chance of approval. A lawyer will also know the right step to take if your claim is denied and this is one of the reasons why most people hire them.
• An appropriate calculation of your damages: There is need for you to know the economic and non-economic damages incurred before filing an insurance claim or a personal injury lawsuit so as to ask for the reasonable amount of compensation. An auto accident attorney will ensure you missed nothing when adding up how much you are owed, as well as your future medical expenses, disability, pain and suffering, and disfigurement. Auto attorneys also have experience about how much your non-economic injury like mental anguish worth. Coming up with an amount yourself may be wrong because the amount may be too low.
• Experience in negotiating insurance settlements: Most insurance companies will offer a monetary settlement so as to avoid a lawsuit and to get rid of the claim as soon as possible. Most of the time, they offer a relatively small amount because they don’t want to pay more than necessary. An auto accident attorney will recognize a low offer and will not accept such an amount. An auto lawyer is highly trained in negotiating tactics and will be able to use his or her years of experience to your advantage.
• Proper representation in court: Sometimes negotiation may not be successful, reason being that the insurance settlement policy is too low to cover all your damages. In such scenario where settlement is impossible, your attorney will represent your interest in court to seek compensation through a jury award.
What Is The Role Of A Personal Injury Attorney?
Personal Injury Attorney are civil litigators who represent clients commonly referred to as plaintiffs alleging psychological or physical injury as result of negligence or careless acts by another person, company, entity, government agency or organization. Personal Injury Attorney practice in an area known as tort law. This area of law specializes in civic or private wrongs or injuries, monetary or nonmonetary damages. This includes defamation and actions of bad faith or breach of contract to a person’s reputation, rights or property. Although personal Injury Attorney are armed with licenses to practice in all facets of law, they usually handle cases falling within tort law, such as work injuries, flawed products, accidents caused by slips and falls, road accidents and other related accidents. Personal injury attorney help their clients secure compensation for losses incurred. These losses include the loss of capacity to earn, inability to perform normal duties, suffering, and pain. They also include expenses that may arise, the loss of companionship, legal costs, emotional distress and attorney fees.
The attorney will ensure clients are safe from being victimized by companies that offer insurance and the established legal system. Personal injury lawyers are often referred to as trial lawyers, although most of their cases are settled before going for a full trial. Personal injury attorney have many duties in aiding their clients. These duties include both ethical and professional codes of conduct and rules provided for by the associations that license the lawyers. Once the state bar association licenses them to practice law, the lawyers can file complaints in court, argue cases, prepare legal documents and offer professional legal advice to plaintiffs of personal injury. Personal injury attorney have the sole responsibility for talking to and interviewing clients and assessing their cases. They further identify the pertinent issues within the client’s case, and thereafter conduct research to build a solid case. The most important professional mandate of a personal injury attorney is to help clients obtain the compensation and justice they deserve after undergoing losses and suffering. This is done through client counselling, advocacy, legal advice and oral arguments. The case normally heads for trial when both parties fail to reach an amicable settlement. Personal injury attorney are expected to follow strict set principles of legal ethics when executing their mandate with clients. While the specified guidelines vary from state to state, each lawyer is expected to evaluate legal issues while exercising due diligence in any legal matter commenced. They owe plaintiffs the onus of confidentiality and allegiance as they work to protect their client’s best interests and not their own.
Reasons to Hire an Experienced Personal Injury Attorney
The fibreglass has barely dried on your cast when you are bombarded with requests and paperwork from doctors, law enforcement, and insurance companies. You’re confused and overwhelmed by all the questions about your accident. No one, however, seems able to provide the information most important to you. If you’ve been hurt in an accident, a personal injury attorney can help you with what to do next.
Here are ten reasons to hire an experienced personal injury attorney.
• Experience Assessing Claims: Personal injury attorneys are experienced with cases like yours and can tell you at the beginning whether it is worth it to pursue legal action. If you are unlikely to win your case, you can avoid the time and expense of preparing for litigation.
• No Fees if You Don’t Recover: Most personal injury attorneys work for a contingency fee, which means that if you do not win your case, you will not pay attorneys’ fees. You are, however, responsible for certain expenses not directly related to an attorney’s services, such as the fees doctors charge for reviewing your records or being interviewed.
• Red Tape: Complicated legal procedures, confusing medical terms, and lots and lots of paperwork are common in personal injury cases. An experienced attorney can work through the maze of paperwork necessary to resolve your claim so that you can get on with your life. When you meet with an attorney, he or she will ask you to provide documents you have relating to your injury.
• Investigative Team: Usually, attorneys work with a team of investigators who have experience in specialized areas and will skillfully examine the technical aspects of your case. You can help the investigative team by providing important information about your injury.
• Objectivity: Anger, pain, frustration, and fear may impact your ability to see the facts clearly. An attorney can be more objective about your case than you and will not make a rash decision. For example, you may be tempted to go for a quick payout, but your attorney may advise you that it is in your best interests to wait for a more appropriate offer.
• Alternative Dispute Resolution: Lengthy and complicated trials are not always necessary to resolve a case. An experienced attorney will know whether your case may be best worked out using alternative dispute resolution methods (ADR), thereby saving you time, money, and emotional energy. Common examples of ADR are mediation and arbitration.
• Experience Working With Other Lawyers: An experienced personal injury lawyer can deal most effectively and quickly with the other side’s attorney. This is particularly important during the fact-finding part of the litigation when parties are required to exchange facts and documents.
• Experience With Insurance Companies: Personal injury lawyers are used to working with insurance companies and will not be confused by their tactics or feel pressured to settle for an unsatisfactory amount.
• Best Settlements: Many personal injury cases are resolved by a negotiated settlement instead of trial. Generally, a settlement means the plaintiff will give up the right to sue in exchange for a payment from the defendant or an insurance company. A personal injury attorney will negotiate a settlement on behalf of a client and try to resolve the case as early as possible.
• Best Jury Verdicts: If a trial is necessary, a personal injury lawyer can zealously represent you in court and work toward achieving the best possible jury verdict in your favour. He or she will develop a legal strategy designed to help get you any and all compensation available for your injuries.
What a Personal Injury Attorney Does
Attorneys who specialize in this area handle cases from inception through appeal. They perform tasks similar to most litigators. They investigate claims and screen potential clients to evaluate the merits of their cases. They gather evidence, formulate legal theories, and research case law. The job involves drafting pleadings, motions, and discovery requests, as well as interviewing and deposing witnesses. All these tasks contribute to trial preparation, but the job doesn’t end there. Personal injury lawyers advocate for their clients before and during the trial. This can include counselling them as well as dealing with obstacles in the legal system and presented by their adversaries. Personal injury attorneys often juggle large caseloads and work on tight deadlines with sometimes demanding clients. But many lawyers find that the most rewarding aspect of personal injury practice is helping injured victims and their families receive justice. Personal injury lawsuits can be extremely complex, so these attorneys often specialize in certain niche types of cases. For example, someone who handles medical malpractice might specialize in breach births. Those who routinely litigate motor vehicle accidents might specialize in ATV rollover incidents.
Personal Injury Forms
When you work with a personal injury lawyer, you will be required to fill out numerous forms and provide certain medical and personal information, such as past hospitalizations and specific effects of the injuries. The most common is the “intake form” typically given at your first attorney meeting, which starts the information gathering process and helps the attorney decide how to proceed with your claim. Additionally, you will be required to fill out a billing agreement with your lawyer. Getting started early will help you save time (and billable hours), while helping your attorney prepare your claim in the most efficient and comprehensive manner possible. The following sample intake forms, worksheets, questionnaires, and other materials will help you get organized and better informed before you step foot in a lawyer’s office.
Accident and Injury Law
• Documents to Show Your Attorney: Illness & Hospitalization – When meeting with your attorney to discuss a medical malpractice case or a claim against a health care provider, you may be asked to provide some or all of the information described on this list.
• Checklist: Information and Documents to Collect for Your Lawyer after an Injury – This checklist of documents and other important information that may be relevant to your injury case and requested by your attorney will help you and your attorney get organized.
• Sample Form: Retainer and Contingency Agreement For a Personal Injury Case – Your attorney will ask you to sign a fee agreement after you agree to work together; this sample retainer and contingency agreement will help you know what to expect. Medical Records Release – In order to assess your legal claim, you will probably need to release your medical records to your attorney for review.
• Intake Form: Airline Personal Injuries – Sample intake form for claims involving injuries or deaths on airplanes, with spaces for additional questions you may have for your attorney (print this form and fill out before your first meeting).
• Intake Form: Defamation or Slander – Sample intake form specific to defamation claims, which include libel (written defamation) and slander (spoken or broadcast defamation).
• Intake Form: Illness & Hospitalization – If your claim is related to a medical issue, filling out this form will help your attorney better prepare your case.
• Intake Questionnaire: Injury – A sample attorney intake form for general injury claims, such as car accidents, assault and battery, slip and fall accidents, and medical malpractice.
• Intake Form: Invasion of Privacy – Invasion of privacy claims are notoriously difficult to prove, but this intake form will help you organize your thoughts and gather the pertinent information.
• Quiz: Emotional Distress – Emotional distress means different things to different people, but this quiz will help you learn what emotional distress means from a liability standpoint.
• Worksheet: Damage Estimate – Worksheet to help you list and tabulate the actual damages you may claim for an injury claim, including immediate medical costs and future expenditures.
• Questionnaire: When You Are injured By a Defective Product – Questionnaire to help you organize your thoughts before filing a defective product claim.
A personal injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages, pain and suffering, and provide compensation for injuries suffered. Personal injury attorneys specialize in tort law, which covers all civil litigation for injuries or wrongdoings resulting from negligence. The main goal of personal injury lawyers who practice tort law is to make their client (the injured “plaintiff”) whole again and discourage others from committing a similar offense. Common examples of personal injury practice areas include motor vehicle accidents, slip and fall accidents, defective products, workplace injuries and medical malpractice.
Types of Personal Injuries
Personal injury claims are made in a civil court. This is different than most of the court cases we see in movies and TV shows, which feature a criminal court. In criminal cases, the state brings forward a case against the alleged perpetrator of the crime, in order to determine if they are guilty or not guilty. The state asks the court to provide punishment for the criminal based on their unlawful acts. It is important to be aware that civil court is quite different from criminal court. In civil law for personal injury, the individual who has been injured sues the responsible party and a case is made against the person or organization who is blamed for the injury. The injured party asks for a monetary award to compensate them for their losses. Although money cannot bring back someone’s health after an injury, or fully restore someone’s reputation after being slandered, it can pay for medical care or lost wages. “Pain and suffering” monetary awards will compensate the injured party to some extent, but they are not specifically designed to punish the responsible party. The legal question to be considered in a personal injury case is whether or not the defendant is actually responsible for causing injury to the aggrieved party. If you have been injured, it is important to determine if you have been injured wrongly. If a person or a business is in any way responsible for your injury, you could decide that a legal claim for damages is appropriate. Be certain to discuss your situation with a personal injury lawyer, such as those at Ascent Law LLC, in order to understand your options. Not every injury is wrongful, and not every personal injury will be legally compensated.
Utah Personal Injury Attorney Free Consultation
When you need a Utah Personal Injury Attorney, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Farmington, the seat of Davis County, is located about 16 miles north of Salt Lake City. It occupies a narrow strip of land tucked snugly against the base of the Wasatch Mountains, halfway between Salt Lake City and Ogden, with the Great Salt Lake lapping at its western shores. The community, with a population of around 22,000, is a place renowned for its tree lined streets, visual charm and a history as solid as the stone used in the construction of many of its pioneer homes. Farmington’s earliest inhabitants were Indians who stayed until the 1860’s. Fur trappers came through the Farmington area as early as 1825, and were followed by explorers and emigrants in the 1840’s. Soon after arriving in the Salt Lake Valley with the Mormon Pioneers in 1847, Hector C. Haight traveled north to graze cattle, eventually building a log cabin and settling his family in the area. Other settlers followed over the ensuing years, naming the town North Cottonwood. The name was later changed to Farmington. In December of 1892, Farmington was incorporated as a city with a population of 1,180. By 1980, that number had increased to 4,700, and in the next 12 years the population doubled.
The five canyons above Farmington have streams that flow through the City, eventually emptying into the Great Salt Lake. Farmington Canyon offers opportunities for hiking, jogging, bicycling, snowmobiling, picnicking, horseback riding, fishing and camping. There are also horse racing and rodeo facilities at the Davis County Fairgrounds in West Farmington. Farmington is well known as the site of the State’s largest family amusement park. Lagoon, originally known as Lake Park Resort, was once on the shores of the Great Salt Lake. The City’s motto, “Historic Beginnings”, is in reference to the pioneer spirit that Farmington was settled with and that same pioneer spirit exists today. Majestic trees line the City’s Main Streets which makes it have the old town feeling. Am I Liable if someone is injured on My Property? An injured guest, customer or trespasser may be able to bring a personal injury lawsuit against you. Depending on how the person was injured and what their status was on your property, you could be held liable. Generally, the law requires landowners to maintain their property the way a reasonable person would. When the landowner fails to do so or breaches their duty of care to those entering their property, they may be negligent. Some states complicate this duty of care requirement by varying the landowner’s responsibility based on the status of the visitor. Thus, if the visitor is invited, such as a guest or customer, then the duty of care may be higher than a trespasser.
Can My Guests Sue Me?
Typically, invited guests must be warned of any hidden dangers on your property. However, you usually do not owe a duty to inspect your property for any such dangers. So, if you are aware of any potential hazards, tell your guests. Can My Customers Sue Me? This category of visitors usually enjoys the highest standard of care. These include open businesses such as stores and public facilities such as libraries. Even if a visitor does not purchase your product or service, they are still entitled to the standard of care while visiting your property. Like the social guest, landowners must make customers aware of any hidden dangers such as uneven floors or slippery surfaces. However, in addition to that warning, landowners must inspect their property and make reasonable repairs to any dangerous conditions for their customers. Can a Trespasser Sue Me? Unfortunately, an uninvited visitor is entitled to a certain duty of care. Though, it is less than the duty owed to your invited guests. Like the social guest, a landowner has a duty to warn of a danger on the property to any discovered trespasser, or trespassers they can anticipate. This warning can take the form of a sign at the entry of the property. Additionally, landowners cannot create a hazardous trap for potential trespassers that would cause the trespasser harm. Landowners owe no duty to trespassers to repair any dangerous condition or a duty to inspect the property for such dangers. For the undiscovered trespasser, the landowner only owes the duty of not intentionally trapping or harming the trespasser. Child trespassers are the exception to the general duties regarding trespassers. The attractive nuisance doctrine protects child trespassers from objects or features on a land that attracts children to the land and has dangers that are not expected due to the child’s inability to appreciate the risk. Examples include pools, abandoned vehicles, and trampolines. Whether the child is able to appreciate the risk is determined on a case by case basis in most jurisdictions. The landowner also must have been able to foresee this risk to a potential child trespasser if they are to be successfully sued. The duty of the landowner is to exercise reasonable care in eliminating or substantially reducing the risk to the trespassing child.
Should I Consult a Lawyer?
Yes. You should always talk to a lawyer. A local personal injury lawyer can help you learn about what duty you owe if you have a hazardous feature on your property to avoid future liability. If someone has been injured on your property a lawyer can advise and defend you in the event you are sued. Liability for ATV Accidents on Private Property All-terrain vehicles (ATVs) or “four wheelers” are revered for their sporting and utility capabilities, making them beneficial for farmers, yard workers and emergency response teams. There are generally very few regulations restricting their use on private property among even the youngest of drivers. However, nearly a quarter of fatal ATV accidents from 1982 through 2016 involved a child younger than 16 years old. ATVs are high-powered vehicles that can be helpful, fun and even life-saving – when they are used properly. But if a four wheeler is operated unsafely, it can cause an accident resulting in serious injury, disability or death. A Closer Look at the Potential Risks of ATVs Honda first introduced a three-wheeled All-Terrain Cycle in the U.S. in 1970 to combat the decline in motorcycle sales during winter. As demand for the three-wheeled cycle continued to grow, so too did the frequency of accidents and injuries, prompting the Consumer Product Safety Commission (CPSC) to get involved. Ultimately, 10 ATV manufacturers settled the CPSC’s federal complaint in the April 1988 Final Consent Decree, which banned three-wheel, cycles from sale. The four wheel model we are familiar with today has dominated the market ever since. While more sophisticated than its predecessor, four wheelers have several features that can contribute to safety hazards, including: • A high center of gravity and narrow wheel base, creating high rollover risk • High speed capabilities • Ability to provide ground clearance on uneven terrain • Minimal rider protection from the elements • Limited or nonexistent safety features, such as roll bars According to CPSC data from the years 2010 through 2013, an average of 77 children under the age of 16 years old and 532 adults die each year from ATV accidents. Preventing Four Wheeler Accidents Reasonable precautions can greatly reduce the risk of a serious ATV accident. The CPSC recommends the following “Rules of the Trail:” • Do not drive ATVs on paved [public] roads. • Do not allow a child under 16 to drive or ride an adult ATV. • Do not drive ATVs with a passenger or ride as a passenger. • Always wear a helmet and other protective gear such as eye protection, boots, gloves, long pants and a long-sleeved shirt. • Take a hands-on safety training course. State law and other statutory codes regarding licensing, operation and ownership of All-terrain Vehicles should always be followed. State law controls the operation of four wheelers on public property. In Utah, for example, it is illegal for anyone to ride an ATV on any public road unless it is operated for official government use, or operated by a licensed driver for agricultural use. Furthermore, in the state of Farmington, these riders are not legally required to wear helmets or other safety gear. Farmington state law regarding ATV operation does not apply to an individual’s private property and there is no age requirement for drivers.
Determining Liability for ATV Accidents
For individuals who spend a lot of time around an ATV, it can be easy to forget how dangerous these high-powered vehicles can be even under the most innocent of circumstances. When an ATV accident does occur on private property, it can be devastating for all parties involved. Although these incidents can happen in a number of different ways, they are often the result of negligence. Negligence is regarded as carelessness that directly or implicitly results in a harmful accident, and can fall into one of three legal categories: • Negligent Entrustment could apply to a parent allowing a young child or reckless teenager to drive a high-speed ATV. For this, the owner needs to know, or have reasonable cause to know, that the driver is unfit and likely to cause injury to others. • Negligent Maintenance could refer to an owner who allows riders on a vehicle they have not kept in proper condition. This could also include failure to inform a rider of known product defects. • Negligent Supervision may apply to an adult or guardian who allows children to operate a four wheeler when they are not present to observe. It is also possible that there could be comparative negligence, where both parties are assigned a percentage of liability for their perceived contributions to the cause of an injury. Any assessment of a person’s potential liability for an accident should be discussed with a qualified personal injury attorney. Finding Legal Representation for an ATV Accident in Farmington, Utah. Emotions run high when any person is seriously injured in an accident. Legal action may need to be brought forth against a relative or friend, or even the parents of your child’s friend. ATVs are everywhere, and just like any other vehicle or automobile, ATVs can be incredibly dangerous, causing severe injuries to innocent people. Although many ATVs do not look not much bigger than a go-cart, ATVs cause significant destruction each year. Many owners of ATVs are not careful and drive recklessly, dangerously, and in some cases, even allow minors to operate their ATVs without supervision. If you or a loved one has been injured by an ATV, you may be entitled to monetary compensation. Much like car accidents, an experienced ATV injury attorney can help inform you of your legal rights and begin the process of seeking to hold the ATV driver accountable for your injuries. ATV Accident Statistics ATV stands for all-terrain-vehicle, a misleading title as ATVs are prone to flipping and losing control on many road types and conditions. The United States Consumer Product Commission estimates there are around 100,000 ATV related emergency injuries each year in the United States. Sadly, there are also around 500 annual ATV related deaths in the United States, with nearly a quarter of these happening to children under the age of 16. These numbers are expected to grow as ATVs become increasingly readily available and more people are purchasing ATVs for mere recreational use. ATVs are made to look friendly and fun, like a ride at a theme park, but in many cases, the dangers of ATVs are not fully appreciated or known. ATVs are not merely toys, as evidenced by the high number of accidents and deaths caused by ATVs and their drivers each year in the United States. Drivers and owners of ATVs are required, much like car drivers, to be alert and safe when driving. Therefore, any violation of safety may cause the ATV driver to be liable to you in damages.
Common Causes Of ATV Accidents The most common causes of ATV accidents are: • Drunk ATV Driving • Recklessness or Negligence (not driving safely) • Distracted ATV Driving • Underage ATV Driving • Riding on improper roads for ATVs • Improper ATV training or driving ability ATV Accident Lawsuits If someone in an ATV drives into you, causing your injury, they may be liable for your injuries. This can most likely result in a personal injury civil lawsuit against the driver of the ATV. If the ATV owner allows an underage or unlicensed driver to use the ATV, causing your injury, you may be able to hold the owner and the driver liable for your injuries in a similar lawsuit. In the case of a faulty ATV, such as a manufacturing defect that attributes to the accident, you may be able to hold the ATV manufacturer liable for your injuries, as well as the ATV owner if there was a combination of fault. Your attorney may counsel you on which parties to sue, and can conduct in-depth investigations and discovery to acquire evidence in the hands of the other parties in order to demonstrate their fault, as well as recreate the surrounding factual circumstances of the accident.
Farmington Utah ATV Accident Lawyer
When you need legal help with an ATV accident in Farmington Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
The City of Orem was organized in 1919 and named after Walter C. Orem, President of the Salt Lake and Utah Railroad. Orem is now the commercial and technological center for Central Utah and is one of the fastest-growing metropolitan areas in the United States. Housing, educational, and employment opportunities continue to be in high demand as Orem’s population approaches 91,000 residents. The City of Orem is located on the eastern shore of Utah Lake and extends on the east to Provo and the foothills of Mount Timpanogos. It shares the general location with Provo, and its history is closely related to that of Provo.
Its recent explosive development and growth have resulted in Orem’s population exceeding 67,000 people, according to 1990 census figures. Prior to its incorporation, Orem was known as the “Provo bench,” and its fertile orchards and farmlands added to Provo’s early reputation as the “Garden City of Utah.” Orem was incorporated in 1919 because residents recognized the need to develop a water system for the area. Orem has little naturally occurring water, and local residents believed that Provo was unlikely to provide the public financing necessary to construct a water system. One of the first acts of the new town was to issue $110,000 in bonds to construct the water system, which solved the area’s long-standing shortage of water. The new town took its name from Walter Orem, the owner of the interurban railroad that ran between Salt Lake City and Provo, in an apparent attempt to curry the favor and attract the investments of this prosperous resident of Salt Lake City. Unlike many Utah towns and cities, Orem was not laid out in regular city blocks with houses clustered closely together. Instead, Orem’s origins are in homesteads settled along the territorial highway (now State Street) and along other substantial arteries where area farmers built their homes and to live near their fields and orchards. As prime farmland along primary roads was taken, farms sprang up in other parts of the “bench” that is now Orem, and rural roads soon crisscrossed the area connecting the farms. This type of development, known in Utah as the “Gentile manner,” differed from typical historical development by members of the Church of Jesus Christ of Latter-day Saints, who were often counseled by church leaders to live in the city and cultivate farmland outside its limits.
One of the cohesive influences in Orem has been the Sharon Community Educational and Recreational Association, better known as SCERA. SCERA was created in 1933 under the guidance of Arthur V. Watkins, then president of the LDS Sharon Stake and later a United States Senator from Utah, as a substantial community effort at “planned and organized recreation.” SCERA has fulfilled much of its anticipated role in the city since its birth in the depths of the Great Depression. The first major evolution of Orem began in the early 1940s when the Geneva Steel Works was constructed by the federal government as an inland producer of steel. Built along the eastern shore of Utah Lake, Geneva has provided employment to many local residents, either directly or indirectly. In recent times, Geneva has spawned controversy because of increasing concerns over environmental damage caused by the plant and related concerns about lost employment which would be caused by the shutdown of the plant. USX Corporation, the former owner of Geneva, ceased active production of steel at the plant for a brief period in the mid-1980s and then sold the plant to a small group of investors who revived operations. (The steel plant has closed since this writing) The second major change to the landscape of Orem came as many of its farms were converted to shopping centers and malls along State Street and the University Parkway, the intersection of which now probably stands as the focal point of the metropolitan Orem/Provo area. First the University Mall and later other malls attracted business away from downtown Provo, historically the central shopping area of Utah Valley. Little successful central planning has taken place in Orem, and it is as much without a central core now as it was when it was known as the Provo bench. Pockets of commercial and residential development dot the expansive area that is Orem. The third major evolution of Orem has been caused by the city’s development as a center of computer technology and development. Giant WordPerfect Corporation, founded by a former Brigham Young University professor and one of his graduate students and headquartered in Orem, has provided the impetus for the creation of other computer software companies in the city. A fledgling entertainment industry, begun with the construction of Osmond Studios in northeast Orem, has also helped change the face of Orem. Many of the past developments in Orem can be seen in the city’s present form. Orem’s proximity to the Wasatch Mountains and Utah Lake make it an all-season center of recreation. Geneva remains a large employer and a center of controversy. Often unchecked commercial development of the city continues. New high tech firms such as WordPerfect now compete with Geneva as the largest private employers in the city. Orem has come a long way from its days as the sleepy unincorporated Provo bench and even from its early days as an incorporated town comprised of scattered farms and orchards. It is now a vital city that must confront the issues that urbanization brings.
The population of Orem is approximately 88,328 (2010). The approximate number of families is 17,965 (1990). The amount of land area in Orem is 46.487 sq. kilometers. The amount of surface water is 0 sq kilometers. Orem is positioned 40.29 degrees north of the equator and 111.69 degrees west of the prime meridian. Orem elevation is 4,770 feet above sea level. The geography for Orem is Orem is at the base of the Wasatch Mountains in the area known as the “mountain land region.” The mountains spread out to the west into rolling hills and flatter areas with Utah Lake a prominent feature. Some mountains of the area rise up to 12,000 feet above sea level. Orem is a city in Utah County, Utah, in the north-central part of the state. It is adjacent to Provo Utah, Lindon Utah, and Vineyard and is about 45 miles (72 km) south of Salt Lake City. Orem is one of the principal cities of the Provo-Orem, Utah Metropolitian Statistical Area, which includes all of Utah and Juab counties. The population was 84,324 at the 2000 census, while the 2010 population was 88,328 making it the sixth-largest city in Utah. Utah Valley University (UVU) is located in Orem. The Orem Owlz of the minor league baseball Pioneer League plays their home games at the college. Orem uses the moniker “Family City USA”. In fact, in 2010 Forbes rated it the 5th best place to raise a family. The climate for Orem is moderate. Snowfall is 10-20 inches in town -with much more snow in the mountains for wonderful skiing. Orem average annual rainfall is 16 inches per year Orem average temperature is (January) 21; (July) 83 degrees F. If you or someone you love has been injured in an ATV crash and it was somebody else’s fault, you may be able to receive valuable compensation for your loss. Some things can never be replaced, but through the legal process you may be entitled to compensation for medical bills, vehicle repairs, pain and suffering, loss of earning, and future loss of earnings. In the extremely unfortunate event that a death has occurred as a result of the crash, you can file a wrongful death suit.
Things You Need to Do after an ATV Crash
• See a medical professional. Minor injuries can turn into major problems, especially with the neck and back. You will also need documentation of your condition if you proceed with the legal process. • Get as much information you can about the crash. Top items include the names, numbers, and addresses of all the people involved, including witnesses; the most precise location of the crash; information about the ATV, including the make and model number, etc. You will also need copies of all the insurance information. • Do not talk to anyone about your accident other than law enforcement officials. Anything you say to insurance company representatives or investigators could make it harder for you to settle your claim. It is also a good idea not to sign anything, particularly some kind of release form, without talking to an attorney first. This is just a smart way for you to protect yourself.
• Keep in mind that you have a limited amount of time to file a lawsuit. There is usually a statute of limitations, or a legal deadline, for filing a lawsuit when it comes to ATV accidents. If your claim is not brought within that time, it may be barred regardless of its merits. It is best to not wait until the legal deadline to file a lawsuit. • Consult a lawyer. You probably have a lot to handle right now. A competent lawyer can make sure everything gets done right. A lawyer can also make things a lot easier for you by negotiating with insurance companies and guiding you through the legal process. Crashes Caused by a Defective ATV Some collisions are caused by manufacturing defects. In legal terms, “manufacturing defects” are flaws in the manufacturing process that result in injuries. “Failure to warn” describes a situation in which a manufacturer knows of a hazard regarding the product and does not warn consumers about it. “Design defects” are errors in the product design that make the vehicle dangerous. People are winning defective product lawsuits against manufacturers. Hundreds of thousands of these products have been recalled since 2000. You may have the right to sue for compensation even if there is not a recall. If there was a recall of your ATV prior to your accident, a lawyers can help determine if the recalled part was the cause of your accident. Insurance companies will take into consideration many different factors when insuring your motorcycle in Utah. One company is not always the best fit for everyone that is why we compare companies for you. These factors include: • Driving record • Credit History • Your Age, Address • The Type of Motorcycle • The Number of Drivers
Registering Your ATV • If you operate or transport an ATV on public lands, roads, or trails, it must be registered as a recreational vehicle. • To register an ATV, visit any Utah Division of Motor Vehicles (UDMV) office where you will complete a registration application and pay the required registration fee. When you go, take the following documentation with you: • Proof of ownership, such as a title or bill of sale, and… • The tax certificate from the county assessor of the county where the OHV is taxed and… • The current registration card (for renewals). • ATV registration is valid for one year and expires on the last day of the month when the OHV was registered. • After receiving the appropriate documents and registration fee, the UDMV will issue two registration stickers and a registration card containing the vehicle number. • The registration card must be carried on the vehicle and made available for inspection by law enforcement officers. • Registration stickers must be visibly displayed on the vehicle in the following manner. • Type I and Type II ATVs: Affix the stickers to the front and rear of the vehicle. • Motorcycles: Affix the stickers to both sides of the fork. • If an ATV is used only on a farm or ranch or for other agricultural purposes, it may be registered at a UDMV office as an implement of husbandry.
• The one-time registration fee is $10.00. • The UDMV will issue an off-highway implement of husbandry sticker. The sticker must be affixed in a visible location on the left side of the vehicle. • If you also operate the ATV on public property for recreational purposes, the ATV must be registered as a recreational vehicle. • Dual-sport off-highway motorcycles may be registered as recreational ATVs or as street-legal vehicles. To be street legal, the motorcycle must have the required safety equipment, pass a state safety inspection, and carry proper insurance. • If your ATV is currently registered and you wish to renew, you may do so online. • ATV operators who are not residents of Utah must purchase a non-resident permit for each ATV they bring into Utah. Meeting ATV Helmet Requirements Each year a majority of the fatal ATV accidents in Orem involve someone not wearing a helmet. Some of these victims could have survived had they been wearing a helmet. A helmet is the most important piece of equipment you can own. DOT-approved ATV or motorcycle helmets are required for all ATV operators and passengers under age 18. Bicycle helmets do not meet this requirement.
ATV Lawyer in Utah Free Consultation
When you need a personal injury attorney for an ATV accident in Orem, Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.