Texting While Driving Accident

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Dixon, Truman, Fisher & Clifford

Attorneys at Dixon, Truman, Fisher & Clifford are known for how well they handle each case brought to them. Being injured by another is something they take serious. It’s their job and pleasure to make sure you, as an injured person, receive the compensation you deserve.

The St. George lawyers at Dixon, Truman, Fisher & Clifford specialize in a variety of legal areas of practice, including:

• Personal Injury
• Arbitrations and Mediations
• Banking
• Civil Litigation
• Collections Law
• Construction Defect Defense
• Construction Law
• Corporate and Business Planning
• Family Law
• General Real Estate
• Real Estate Development

Personal Injury

Whenever you’re hurt and the cause is someone else’s negligence, you have a “personal injury” claim. The most common personal injury lawsuits are auto accident cases, although many other kinds of accidents are considered personal injury as well. Product liability (injury from a harmful product), medical malpractice (injury caused by a doctor, hospital, or other healthcare provider), and slip and fall (injury because of unsafe conditions or another’s inattentiveness to safety) are all types of personal injury.

Arbitrations and Mediations

Arbitrations and Mediations have their proper time and place. When used properly, these forms of alternative dispute resolution can save you both time and money. However, if the case is not ripe for mediation or arbitration, you will spend time and effort with little or no results. Dixon, Truman, Fisher & Clifford help you decide if alternative dispute resolution is beneficial for your unique case.

Banking

Our lawyers have many years of experience in preparing promissory notes. We can use our experience to ensure that the transaction will move forward smoothly by preparing loan documents that accurately reflect the agreement between the lender and the borrower.

Any real estate trust deed foreclosure can be complicated by liens and encumbrances against the collateral. Attorneys at Dixon, Truman, Fisher & Clifford review each loan file on a case by case basis to protect the collateral and to ensure the best path to taking possession of collateral.

Civil Litigation

If your business is facing issues relating to contracts, real estate, accounts receivable, accounts payable, or other concerns, attorneys at Dixon, Truman, Fisher & Clifford stand by ready to work for you and provide the most comprehensive representation possible while taking the stress of litigation off of your shoulders.

Collections Law

Experienced in Breach of Contract, Lender Representation, and Motion of Relief from the Automatic Stay, our goal at Dixon, Truman, Fisher & Clifford is to move you toward a satisfying resolution, while at the same time aggressively preparing for trial if necessary.

Construction Defect Defense

Many of our St. George lawyers have worked in the construction industry, so you can trust that we have the practical, hands-on construction knowledge you need. We offer a wide range of services to developers, contractors, and subcontractors. Our firm consults with, advises, and represents construction clients in matters of project development, CC&R’s, subdivisions, zoning, municipal land use applications, construction contracts, mechanic’s liens, public works, payment bonds, licensing bonds, collections, contract creation and compliance, construction defects, warranties, insurance, and toxic mold.

Construction Law

We are experienced in Mechanic’s Liens/Collections, Construction Defect Defense, Construction Disputes, Contracts, and Real Estate Transactions.

Corporate and Business Planning

Whether you are buying or selling a business or need help with contract negotiations, contract preparation, or preparation of business forms, we have the experience you need.

Family Law

We specialize in Adoption, Divorce, Alimony, Child Support, Child Custody, Marital Property Asset Valuation and Division, Premarital and Inherited Asset Tracing, Divorce Decree Modification, Guardianships, Prenuptial and Postnuptiual Agreements, and Protective Orders and Criminal Defense of Domestic Violence Charges.

General Real Estate

We are experience in Real Estate Transactions, Quite Title/Boundary Line Disputes, Promissory Note and Trust Deeds, Trust Deeds Foreclosures/Deeds in Lieu of Foreclosure, and Lease/Purchase Contracts.

Real Estate Development

We specialize in Land Use Planning, Sales & Acquisitions, Real Estate Development, Municipal/Land Use Law, and Homeowner’s Association/CC&R’s.

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Motor Vehicle Accidents | Number and Deaths

In 2009, there were 10.8 million motor vehicle accidents throughout the United States. There were 35,808 motor vehicle deaths. Those numbers are staggering. We’re waiting to see the 2010 and 2011 statistics. Even though state after state is banning the use of hand-held devices while driving, more and more people are getting in accidents and even dying because they neglect those laws.

In Utah alone, there were 244 fatalities from car accidents in 2009.

Distracted Driver Accidents

Distracted driving is an enormous problem today. Whether somebody is on their phone or playing with the radio, driving while distracted can be fatal.

In 2009, there were 448,000 estimated crashes that were caused by distracted driving. 5,474 people were killed from those crashes. That is 4,898 people that could still be alive today if someone wasn’t texting, eating, playing with there radio, or performing any other distracting activity while driving an automobile.

20% of injury-related automobile crashes involved reports of distracted driving in 2009. That needs to stop. As St. George car accident attorneys, we at Dixon, Truman, Fisher & Clifford are aware of what goes on in peoples’ minds behind the wheel. It is very easy to get distracted. But these statistics open our eyes to just how important it is to focus when we’re driving. Our negligence can end someone’s life in an instant.

The statistics above were taken from the United States Census Bureau and Distraction.gov.

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The Issue

St. George resident and welder David Salinas we recently injured while working on the Dixie Center, suffering multiple fractures which required multiple surgeries. He fell 30 feet from the roof of the Dixie Center onto a concrete sidewalk.

Ronald Truman, St. George attorney at Dixon, Truman, Fisher & Clifford, fought his case and won compensation for Mr. Salinas. The Mainstreet Business Journal states that “Truman argued that the general contractor knew, or should have known, that the welder was working without the benefit of a horizontal lifeline safety cable and did nothing to stop the work from proceeding.”

The Results

The jury agreed with Truman’s argument and awarded Mr. Salinas over 1.2 million dollars in compensation for lost wages and medical expenses.

Here’s what Mr. Salinas had to say about Ronald Truman:

“Ron Truman couldn’t have been more diligent in protecting my interests and fighting for a fair jury verdict. Not only did Mr. Truman work extremely hard to get me fair compensation, he was very compassionate and genuinely concerned about my family and me as fellow human beings. His genuine concern for us was significant to me.”

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Do I Have a Personal Injury Claim?

Whenever you get hurt and the cause is because of someone else’s negligence, you have a “personal injury” claim. Some of the most common personal injury lawsuits are auto accident cases, but there are many other kinds of accidents that are considered personal injury related, including:

• Product Liability (injury from a harmful product)
• Medical Malpractice (injury caused by a doctor, hospital, or other healthcare provider)
• Slip and Fall (injury because of unsafe conditions or another’s inattentiveness to safety)

What Can a Personal Injury Attorney do to Help?

A personal injury attorney is one who is dedicated to the welfare of injured persons. A personal injury (PI) attorney will fight for your rights and stand up for you in every way permitted by the law to ensure that you are fairly treated and receive the right compensation.

Personal injury cases are unique. Your settlement will depend on your specific circumstances. It takes experience and the support of a great team to win a case. Therefore, choosing a PI attorney to work with is something to be taken seriously. It is critical for you to work with someone that you are comfortable with. Your attorney must have your best interests in mind through the entire process.

How do I Find the Right PI Attorney for Me?

Before hiring a personal injury attorney, you should always check his or her previous records. An attorney’s credibility can be reviewed through the number of cases he or she has had and their success ratio. Even details such as time taken to resolve previous cases should be looked into.

Dixon, Truman, Fisher & Clifford | Your St. George Personal Injury Attorney

If you live in St. George, Utah, there is one personal injury law firm that has enough experience and motivation to make sure that your rights are upheld and your privacy is preserved.

Dixon, Truman, Fisher & Clifford are dedicated St. George personal injury attorneys. As seasoned PI attorneys, we know the law and have strong relationships with the St. George court system and prosecutors alike.

A St. George personal injury attorney at Dixon, Truman, Fisher & Clifford treats each client as an actual human being with real problems. We have families and understand the importance of keeping our loved ones safe. Let us show you how we reflect that in the legal world.

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Nevada’s New Ban on Any Cell Phone Use While Driving

On January 1, 2012, a new law on cell phone use in Nevada was passed, prohibiting motorists from texting, accessing the Internet, and any handheld cell phone use while behind the wheel. Hands-free headsets are still okay to use as well as making voice calls and touching the phone to activate or deactivate it.

Fines in Nevada

In Mesquite, Nevada, fines for the first offence equals $97, $182 for the second offense, and $342 for the third offense.

The Law in Utah

Motorists in Utah can talk on their cellphones but cannot text message. The first offense in Utah equals $310.

In the past, legislators have discussed banning cell phone use period. Representative Bradley Last stated that he would like to see the data of handheld cell phone use vs. hands-free cell phone use before voting on that decision. “Data is starting to show that texting while driving is equivalent to driving under the influence,” Last explained.

Believe it or not, a University of Utah study showed that texting while driving neaerly doubled the impairment level as that of driving under the influense. That was probably a huge factor of Utah’s texting ban.

The text messaging law in Utah passed in 2009. These Utah cell phone use and texting while driving laws were considered one of the harshest laws in the U.S. According to Zero Fatalities, a state program that combats distracted driving, motorists in Utah could possibly face 10 years in prison and a $10,000 fine if they killed someone while texting behind the wheel.

Many people don’t know this, but drivers in Utah can also be cited for careless driving if they commit a traffic violation while talking on their cell phones.

Will Utah Follow Nevada?

Senator Stephen Urquhard said that “Manipulating keys takes much more concentraction.” He later stated, “I’m driving now and talking. If you were sitting next to me I’d be talking to you. What’s the difference?”

Representative Evan Vickers agrees with the ban on texting while driving but also said that he wouldn’t agree with putting a ban on simply talking on the phone. Vickers says that “So much business is conducted while driving. You can’t really legislate that.”

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Distracted Driving

Texting while driving, especially with younger motorists, is still an increasing problem despite all of the criticism and legal bans. Around half of all American drivers between the ages of 21 and 24 say that they have messaged or emailed while driving. And for some odd reason, a lot of drivers don’t think it’s dangerous.

There is a national survey regarding the study of distracted driving by the National Highway Traffic Safety Administration that describes the difficulty authorities face battling texting and cell phone use while driving.

The safety administration says that at any given moment last year on the streets and highways of America, nearly one in every 100 drivers was emailing, texting, surfing the Internet, or otherwise using a hand-held electronic device. Those and other similar activies have spiked about 50 percent from last year, and that is with the rush to ban these practices. In fact, Pennsylvania became the 35th state to forbid texting while driving last month.

Officials say that they used a new methodology aimed at getting a more accurate picture of deaths from distracted driving that cannot be compared to tallies from previous years. From that new methodology, the safety administration also states that in 2010, there were an estimated 3,092 deaths from automobile accidents related to a wide range of driver distractions.

The agency takes an annual snapshot of driving behavior. They stake out intersections to count people using cell phones, electronic devices, and other distracting behavior. While more and more drivers are using electronic gadgets, motorists are deeply conflicted.

An NHTSA survey of over 6,000 drivers found that most people said they would answer a cell phone call while driving and continue to drive after answering. Almost 2 out of every 10 people surveyed said that they send texts or emails while driving. More than half of these people stated that making cell phone calls makes not difference to their driving performance, while a quarter said says that texting or emailing makes no difference. On the other hand, 90 percent says that when they are passengers in a vehicle, feel very unsafe if the driver of that vehicle is using their cell phone behind the wheel.

A large majority of drivers surveyed in the U.S. 71 to 94 percent) support bans on cellphone use. Most say that they want violators to be punished with fines of $100 or more. Almost a quarter supported punishments from $200 to $499.

For more information, read CNN’s December 13th, 2011 article, NTSB recommends full ban on use of cell phones while driving.

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There are two tier job descriptions that are inherent to the legal profession of an attorney in St. George, Utah. One is a general application of duties that involve advising clients, interpreting laws, rulings and regulations, analyzing probable outcomes based on legal precedents, developing strategies, and evaluating findings. Lawyers are also responsible for researching and gathering evidence, having a thorough knowledge of the decisions, ordinances, and statutes of the matter under review. They are to prepare and draft documents, legal briefs, and opinions. An attorney must also be skilled in negotiation, interpretation of the law, and act as an agent for their client.

The second tier of responsibility comes with specialization. A St. George attorney may choose to practice in a narrowly focused field rather than a broad array of general law. Attorneys may be experts in any arena of the legal profession. Common specializations are criminal law, probates and wills, family matters, and corporate law. There is a wide spectrum of specialized subsections of the law for attorneys in which they may concentrate and devote their careers.

There are many different kinds of attorney offices available in St. George. Each one will have its own specialty and field of service. These offices are designed to meet the needs of their clients and give them a fair case. Whether a client requires a criminal attorney, a divorce specialist, or someone who deals with general legal matters, there is an office and specialist available.

Dixon, Truman, Fisher & Clifford are dedicated St. George attorneys, helping those with personal injury cases. Dixon, Truman, Fisher & Clifford have offices in both Nevada and Utah. As seasoned attorneys, they are uniquely poised to handle legal issues for clients who reside in or have interests with either state. Dixon, Truman, Fisher & Clifford also have ties with attorneys who are licensed to handle personal injury claims in Arizona and California.

If you or someone you love has been injured in an accident in St. George, Utah, you need the help of Dixon, Truman, Fisher, & Clifford. Since 1980, they have upheld the rights and privacy of their clients with the utmost integrity and dedication.

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NEWS RELEASE

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The next time you step into your vehicle, please remember this commercial from BMW, a world recognized automobile manufacturer.

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Sgt. Craig Harding said a gray Toyota pickup truck going northbound in the left turn lane allegedly failed to yield to a vehicle going southbound and the driver was ticketed. He said the pickup was following a vehicle in front of them instead of looking to see if they were safe to also make the left turn.

“Failure to yield is the No. 1 reason for crashes in St. George,” Harding said. “People are distracted and just following the other vehicle.”

Harding said it is good practice to take your foot off the gas anytime a driver is going through an intersection so the driver will be prepared to stop if another driver isn’t paying attention.

He said another St. George officer had an instance just this morning where the officer witnessed a female driver texting at a red light, then enter the intersection on a green light while texting, and continue texting for a block before pulling her over. The driver then allegedly swore at the officer several times for giving her a ticket for texting and driving.

“People aren’t getting the idea that they need to be back in the vehicle, with their heads in the attitude of driving,” he said. “[Accidents] will keep happening until people decide to change their behavior and we will keep taking their money out of their pocket until they do.”

Harding said the No. 1 location for accidents in St. George is 250-280 South River Road. No. 2 is East Boulevard with North Bluff coming in third. Sunset is the No. 4 area for car accidents with over 250 accidents each year.

About The Author

Jen Watkins is the Publisher | Editor-in-Chief of St. George News and Director of Mrs. Utah United States. She is a mother of two, journalist, blogger, columnist for Alive! Utah South, former marketing professional, and previously served as a police officer in the United States Air Force. She co-founded two networking groups in St. George and served as the Team Manager for the Chaparrals – RoadRunners baseball dance team. Jen has been a reporter for many years, previously working as the Managing Editor for Today in Dixie and Sports Editor for the Park Record. She has volunteered with at-risk youth and the domestic violence council in Mountain Home, Idaho.

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