This is another tragic, and avoidable, accident.
        
     It is reported that nine people are dead and as many as 20 injured after a charter bus rolled several times on wet and snowy roads in Utah's Four Corners area. The crash happened Sunday, January 6, 2008, on U.S. 163 about 5 miles north of Mexican Hat, Utah.  The Salt Lake Tribune reported the following:

   Speed.  Fatigue.  Distractions.  In my view, these are entirely unacceptable actions for a professional common carrier such as Corporate Transportation 'N Tours, an Arrow Stage Lines subsidiary, the owner/operator of the bus at issue. 

     Under Utah law, common carriers, such as Arrow Stage Lines, have a special relationship with their passengers.  This arises because they assume responsibility for another's safety and deprive the other of his or her normal opportunities for self protection.  Because of this, common carriers are held to a heightened standard of care which is  “predicated on the principle that '[p]ersons using ordinary transportation devices, such as elevators and buses, normally expect to be carried safely, securely, and without incident to their destination.” Lamb v. B & B Amusements Corp., 869 P. 926 (Utah 1993).   

Get medical attention immediately and tell your doctors exactly how the injury occurred. Make sure to describe all symptoms and complaints.

It is best to seek attention quickly, even if you are not sure that you need it. You may be in shock and not notice your own injuries.

Make sure to follow-up with additional concerns and follow the advice of your doctor. 

Be Careful About What You Say

When talking to the police or highway patrol about the accident, it is important to be truthful, but to also keep your comments minimal. Limit yourself to asking if anyone was hurt. You should NOT:

• Apologize
• Admit it was your fault
• Say "I didn't see you" or anything of the kind

Comments like these could be taken as an admission of fault. At this stage, it is often too early to determine fault, and you do not want to risk damaging your case down the road.

Talk to no one about the accident or injuries except the police, your doctor, or lawyer.

Report the Accident

       Call 911 to report the accident. Utah law requires accidents be reported immediately to law enforcement.  See Utah Code Annotated §  41-6a-401.  and 41-6a-401.7.  This is not only required by law, it also creates written evidence of the accident and helps document fault. 

Obtain Information

• Obtain the name, address, insurance information, vehicle license number and driver's license number of everyone involved in the accident.
• Get the names, addresses and telephone numbers of all witnesses.
• Photograph the accident scene, including all vehicles involved (before repairing) and any visible injuries (e.g., cuts, bruises).

Contact an Attorney

     It is important to contact an experienced attorney immediately who specializes in personal injury claims.  Early legal representation can help preserve your claim and ensure the maximum recovery.  If you or a loved one has been injured in a car or truck accident, contact me today, and I would be happy to talk with you for free about how I can help. 

    One of my best clients, with a very strong case, recently told me that when she first called, she wasn’t even sure her case was worth pursuing.  In reality, she had a fantastic case.  This became apparent to her only after discussing the matter with me. 

    I review numerous potential Utah medical malpractice claims for each one I take.  Selecting the right cases is essential.  That’s why I’m more than happy to discuss potential cases with anyone for free.  I’m also not afraid to turn down cases that are just not viable.  Ultimately, pursuing a weak case results in frustration for everyone involved.  Of course it’s impossible to tell initially exactly how strong a case is prior to conducting discovery.  Sometimes things will be discovered that weaken or strengthen a particular case.  Nevertheless, careful initial screening is the key to success.  

    So what makes a great medical malpractice case?  In theory it is simple, but it becomes quite difficult in practice.  I look for:

• Strong Liability 

      This means the proposed defendants are legally responsible for your injuries.  A poor medical outcome or injury during a medical procedure, alone, is not enough to make a valid case.  In a medical malpractice claim, the health care providers involved must have “breached the standard of care.”  This is just a legalistic way of saying the doctors, nurses, or other providers failed to use reasonable care in treating you.  In general, the more unreasonable the actions are, the stronger the claim becomes.  The unreasonable care, or lack of care, must also be the cause of your injuries. 

      How do we determine what is reasonable in a medical context?  Generally, in Utah, it requires the use of an expert witness familiar with the type of medicine involved.  Occasionally, the mistake is so obvious even a lay person can tell there was medical malpractice.  In these rare cases, an expert is unnecessary. 

• Strong Damages 

      Even with a clear mistake, a medical malpractice case is still not viable unless there are significant damages.  A medical error that results in no harm or only slight temporary pain, is not enough to justify the cost and time involved in pursuing a claim. 

      How much damages are enough?  How bad does the injury need to be?  How many medical bills must be incurred?  These are all issues that must be considered.  Only an experienced medical malpractice attorney can answer these questions. 
 

• Other Factors

      By this I mean other, less defined, items that may improve the value of a case.  This can be things such as how likable the plaintiff is compared to the defendant.  Is there any comparative fault on the part of the plaintiff?  Is the proposed defendant a large corporation or a well-respected local doctor? Who are the insurance companies and defense attorneys involved? 

      THE BOTTOM LINE:
 

      Many factors come in to play in making a valid malpractice claim.  Strong liability and damages are essential as well as numerous other less defined factors.  Do not pre-judge your potential claim.  Only an attorney experienced in handling these types of cases can properly evaluate and advise you regarding a medical malpractice case in Utah. 

    So far, the state has confirmed 422 cases of crypto, and, fortunately, no deaths.