Pedestrian accidents and non-traffic accidents are tragic and unfortunately happen more frequently than one would think. A pedestrian accident happens when a pedestrian comes into contact and is injured by a vehicle. A pedestrian is defined as a person who is walking, running, sitting, or laying down.

Pedestrian accidents do not include accidents with people on roller skating, in wheelchairs, on scooters, or on other transportation devices that enhance a pedestrian. Non-traffic accidents are accidents that occur with a vehicle in parking lots, driveways, or in other areas where the vehicle is not going through traffic. There are certain things that are important to know about pedestrian accidents both as a potential driver or pedestrian. Continue reading to learn more.

Pedestrians Almost Always Have The Right Of Way

Utah pedestrian and traffic laws indicate that motorized vehicles should always give the right of way to pedestrians, when the pedestrian is on a crosswalk or in a non-traffic area such as a parking lot or a driveway. However, that does not mean that the pedestrian has the right of way if they jump out in front of a vehicle. That is reckless behavior and not only could cause injury to the pedestrian, but potentially cause harm to the driver and anyone else in the car as well.

Most Pedestrian Accidents Happen In Traffic Zones

An important thing to understand about pedestrian accidents is that most of the time, they are not non-traffic accidents. More often than not, pedestrian accidents occur on the road, which is not hard to infer. However, what may be surprising is that a small percentage of pedestrian accidents happen at intersections. The majority of pedestrian accidents occur on the open road. Lastly, a very small amount of accidents occur in non-traffic areas such as parking lots, sidewalks, driveways, etc. The saying “look both ways before you cross the street” is around for a reason. It is important to always remember this.

Pedestrian Accidents Are More Common In Urban Areas

81% of pedestrian accidents occur in urban areas, while the remaining percentage occurs in more rural areas. There are more cars and more people located in cities, so this statistic makes sense. However, it does further point out the importance of being on the lookout for pedestrians when driving in urban areas as well as being alert when walking or standing near traffic in urban areas. 

It Is Important To Be Aware At Night

The majority of pedestrian accidents occur at night. Night time brings less visibility for both drivers and pedestrians, so naturally more accidents occur. Night time is also a time when more people become drowsy, and less attentive and observant. More traffic accidents that occur between vehicles happen at night, for the same reasons. It is vital as a driver to be fully awake and aware at night, as the majority of the responsibility falls on them. However, pedestrians should also take special care to not put themselves in especially dangerous situations.

Do You Need A Personal Injury Attorney?

If you or a loved one have been involved in a pedestrian accident and have sustained injuries as a result, you could be eligible for compensation. If you have had a death in your family due to the negligence of a driver, you may be able to receive a settlement. However, securing a fair settlement requires having a qualified and experienced personal injury attorney on your side. We at LeBaron & Jensen provide high-quality legal advice and representation for those who have been injured in pedestrian accidents. For more information, feel free to reach out to us today!

Being a landlord has its perks, such as being able to collect passive income and own a tangible asset. However, there are also some downsides to being a landlord. Landlords tend to get a bad wrap with tenants and people who are looking to rent. However, even if you are a kind landlord, there is the potential that your kindness could be taken advantage of. There are certain steps that must be taken to complete an eviction in Utah as a landlord. Many laws are involved with the eviction process. Continue reading to learn more.

How To Complete An Eviction In Utah

Have Evidence

It is important before filing an eviction notice against your tenant to have reasonable grounds. With every tenant that you have, it is vital that you keep good records in order to protect yourself if you ever have to evict someone and provide evidence. Make sure to keep your physical papers organized, including payement statements, notes, etc. 

It is good idea to also have a backups of all your documents. Make copies with your printer and scan the pages into your computer to keep them in a digital file. It is also important to keep receipts of any online communication or payments including text messages and emails. If you have kept records, you will be in a much better position if a tenant stops paying or you need to evict them.

Notice To Comply

Before posting an eviction notice, it is customary to give your tenant a notice to comply. Perhaps they are not paying their rent, are destroying the property, or conducting illegal activity on the property. You may not always have evidence that illegal activity is occuring on the property or that the property is being destroyed, but if you suspect that something may be going on, keep an eye on your property and post a notice to your tenants reminding them what is appropriate behavior on your property.

Post An Eviction Notice

The next step to completing an eviction in Utah is to file a complaint with the district court and then serving a notice to the tenant. The landlord can also serve the notice to the tenant first. If the landlord files the complaint to the court first, they have four months to post on the tenant. Whereas, if the landlord post an eviction notice on the tenant first, they only have ten days to file the complaint and summons with the court.

Go To The Trial

The next thing that will happen after an eviction in Utah has been posted is an eviction hearing will be scheduled. Eviction trials are typically held within 2 months since the landlord filed the complaint with the court. Once the trial is complete, there is a short time period of 3-10 where either party can appeal. Assuming the tenant does not appeal, an order for restitution is immediately issued after the case finishes.

Follow Through On The Move Out Process

Once judgment has passed in favor of the landlord, the law dictates that the tenant moves out within 3 days following the verdict. If illegal activity was occuring on the property, the tenants may be removed immediately after the Order for Restitution is issued. The authorities are in charge of moving out the tenants. Do not attempt to evict the tenants physically yourself.

Do You Need A Real Estate Attorney?

We at LeBaron & Jenson offer excellent legal advice for landlords. We are well-versed in real estate law and would be more than happy to help you if you are working through an eviction case. We not only provide excellent advice for legal issues surrounding landlord and tenant disputes but we are also able to help you prepare paperwork and going to court or even represent you in court if the tenant rejects the eviction request. For more information, feel free to reach out to us today.