Cottonwood Heights Car Accident Lawyer
Cottonwood Heights is often touted as being one of the most ideal places to live in the Salt Lake Valley, with a community that has access to trails and nature, quick access to downtown Salt Lake via I-215, and of course, sits right at the mouth of Little Cottonwood Canyon, making it the ideal location for ski bums.
With a growth in population, cold winters that mean icy roads, the influx of technology and therefore distracted driving, and other acts of negligence, car accidents continue to be a serious issue in Cottonwood Heights and surrounding areas. If you are involved in a car accident in Cottonwood Heights, our experienced auto accident lawyer is here to assist you. Do not hesitate to schedule your free consultation with the Cottonwood Heights car accident lawyers at the offices of Christensen & Hymas today.
Top Causes of Car Accidents in Cottonwood Heights
Car accidents occur every day throughout Salt Lake County, with the vast majority of them a result of a party’s negligence. Some of the top causes of car accidents include:
- Distracted driving;
- Texting while driving/using a cellphone;
- Drunk or impaired driving;
- Aggressive driving;
- Failure to yield;
- Running a stop sign;
- Illegal lane change; and
In some cases, car accidents are caused by factors that extend beyond the actions of drivers themselves, such as faulty vehicle performance (i.e. a defective tire experiences a tire blowout, leading to a crash), or poor weather conditions (ice and snow), or road hazards, ranging from potholes to animals in the road.
Recovering Compensation After a Crash
If you are involved in a crash in Cottonwood Heights and suffer damages, whether personal injuries or damage to your vehicle, it is important that you understand what actions to take next. Because Utah is a no-fault car accident state, you will need to file a claim with your own insurance company under your PIP (personal injury protection) policy first. In fact, you are only allowed to file a claim with the other driver’s insurance company, or file a lawsuit directly against the other driver, when your medical expenses are more than $3,000, or when you suffer injuries that are considered to be serious. Serious injuries typically refer to injuries that result in permanent disfigurement or disability.
Utah’s Modified Comparative Fault Laws
If your damages do meet Utah’s injury threshold, or if they total more than $3,000, and you decide to file a claim against the other driver, you will need to prove that the other driver was at fault for your crash. If fault is disputed, it is essential that you work with an experienced car accident attorney who can guide you through the process of gathering evidence and presenting your case.
Further, it will be important to consider Utah’s modified comparative fault laws. While these laws do not bar a party from seeking damages if they contributed to the crash, they do hold that a plaintiff’s damages will be reduced in proportion to their degree of fault. For example, if you are found to be 20 percent at fault for the accident, and the other driver is found to be 80 percent at fault for the accident, then the other driver will only be liable for 80 percent of your damages.
Statute of Limitations for Filing a Claim
In addition to understanding modified comparative fault laws, it is also important that you understand the state’s statute of limitations. A statute of limitations is a limit on the amount of time you have to file a claim after the date of your car accident. In Utah, the statute of limitations is four years from the date of accident to pursue a personal injury claim, and three years from the date of accident to file a property damage claim. This means that if you do not file your claim within the above time limits, you will be barred from recovering damages. We encourage you to contact our law offices as soon as possible after an accident to protect your right to your full damages amount.
Schedule Your Free Consultation with Our Utah Car Accident Attorneys Today
At the law offices of Christensen & Hymas, our Salt Lake personal injury lawyers know the fears you may be experiencing when you are involved in a car crash. The good news is that if you carry car insurance, you are entitled to compensation for your medical expenses, regardless of fault. If your damages are severe, our attorneys can help you to bring forth a claim against the at-fault driver to recover compensation for the full extent of your losses. To learn more, contact us today for a free consultation.