Car Accident in Utah: 7 Things You MUST Do Before an Accident

Car accidents can wreak havoc on lives. Not only can car accidents cause serious bodily injury and sometimes permanent disability, they can also cause a lot of financial problems through property damage, lost wages, and other costs.  A car accident in Utah can also cause stress, anxiety, and duress.
My name is Matthew Kober, a personal injury lawyer in Utah.  Over the past ten years, I have helped numerous people who were victims in car accidents.  I’ve seen people who were once physically and financially independent who became victims in a car accident in Utah that resulted in life changing events.
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. About 10% of drivers don’t have insurance at all and a large percentage of drivers carry the state minimum. That means if you have any sort of moderate injury that will not be enough to compensate you. The bottom line is you need to plan on having enough insurance on your own to cover damages. Here is a list of what to do before an accident:

7 Things You MUST Do Before a Car Accident:

1. Be Aware, Be Patient, and Drive Safely.  The best way to not deal with an accident is to not get in one. Many accidents can be avoided by being aware of your surroundings, watching for reckless or impatient drivers, and moving out of their way. Being a patient driver can avoid most accidents; don’t take risky turns, give plenty of space in between cars, etc. Just realize that driving fast or making risky maneuvers to save time rarely does. Make right turns whenever possible, if an accident happens while making a left turn its presumed to be your fault.
2. Evaluate and Understand Your Own Insurance Policy.  Insurance is the most important aspect of an accident. The coverage that exists at the time of the accident is what is available to you and you can’t change it after the fact. Many people don’t understand the various components of insurance. An insurance policy is a bundle of little mini policies such as property damage, collision coverage, bodily injury liability, underinsured coverage, uninsured motorist coverage, personal injury protection, household services, funeral services, etc. Talk to an agent about what all of these mean.
3. Increase all of your Limits, It Doesn’t Cost Much.  The most important coverages are PIP (the coverage that provides immediate medical care after an accident) and UIM/UM Coverage (the coverage that kicks in if the person who hits you doesn’t have enough insurance or doesn’t have any insurance.). I recommend at least $5,000 PIP (preferably $10k) and at least $100,000 UIM/UM (preferably $250k). It really doesn’t cost much to do this You must do this BEFORE an accident. I cannot emphasizes enough how important this is. If there isn’t enough coverage to pay for your damages, you might end up out of luck because its rare to find someone you can sue and actually collect from.
4. Do NOT Waive Underinsured or Uninsured Motorist Coverage.  Many times people waive this coverage without knowing it, especially if you buy your insurance online. Once this is waived, you will not have these benefits and this can prove to be disastrous. Check your policy to make sure you have this coverage.
5. Get Rental Car Coverage.  If you don’t have a car, you can’t go to work, pick up your kids, etc. If your car is totaled or in the shop you will need a rental car. Many people expect one will be available to them immediately. Utah does not require rental car coverage so many people don’t have it. The problem is the other person’s insurance won’t give you a rental car until AFTER a liability determination is made and that can take some time. Having your own rental car coverage will solve this problem.
6. Be Prepared. Statistically, you’re likely to get in an accident at some point in your life. Be ready to deal with an accident and know what to do. Keep a copy of your insurance information in the car. Having items such as orange cones, emergency essentials, tool kit, first aid kit, blankets, etc. is also a good idea.
7. Know What to Do After an Accident. The next article in this series will discuss what to do after an accident.

See also “Salt Lake City Personal Injury Attorney Matthew Kober Serves on Auto Accident Panel“.

Contact an Experienced Car Accident Lawyer

If you have any questions about this article, contact Utah personal injury lawyer Matthew Kober.   With over 10 years of experience, Mr. Kober has handled numerous personal injury cases in Utah. He is recognized as a Certified Motor Vehicle Occupant Injury Specialists by the Personal Injury Training Institute as well of one of the Top 40 Under 40 by the National Trial Lawyers Association. He can answer any questions you have an provide excellent legal representation.

Utah Probate Lawyer Russell Blood to Chair Estate Planning Department at PEARSON BUTLER Law

PEARSON BUTLER Law is pleased to announce that Utah Probate Lawyer Russell Blood has accepted the position to chair the estate planning department.  Russell brings significant experience in probate, trust administration, and estate planning services.

With over 31 years of legal experience in Utah and Wyoming, Russ has spent several of these busy years also serving in a variety of positions, including the Wyoming State Bar's Board of Professional Responsibility and Multi-Disciplinary Practice committee, the Utah State Bar's Executive Committee for the Estate Planning Section from 2008 to 2012 and as chair from 2011 to 2012.

Russ has also served on the Salt Lake Estate Planning Council, the Salt Lake Chapter of the Society of Financial Service, and various other committees and organizations.

Russ sees the importance of helping individuals an families get their estates in order.  He has seen the stress of individuals feeling unprepared and has watched as individuals feel calm once they know that their financial and legal affairs are in order.  See "When should a personal representative consult a Utah probate attorney?"

For more information on Russ, see "Utah probate attorney Russell Blood joins PEARSON BUTLER Law to Chair Estate Planning Department".  Feel free to call Utah probate lawyer Russell Blood at PEARSON BUTLER Law at (801) 495-4104.

Update on Utah Attorneys services provided by PEARSON BUTLER Law

It's amazing the growth we have had at PEARSON BUTLER Law.  Over the past 4 months, attorney Russell Evans took the role as chair of the bankruptcy department.  Last week, attorney Russell Blood joined our firm and is handling estate planning services.  In 3 weeks, a tax attorney will be joining us, as well.  Because of the growth, I thought it would be helpful to explain the practice areas of each of the different lawyers.

Why use one of the Utah attorneys PEARSON BUTLER Law?

The law firm of PEARSON BUTLER Law has several lawyers who practice in a variety of legal areas:

Carson Pearson, and Quinn next month will offer the following tax legal services: Tax Lawyers: Tax Court Litigation, IRS Appeals, IRS Audits, Criminal Tax Defense, Payroll Taxes, Trust Account Taxes, Offer in Compromise, IRS Collections, Installment Agreements, Innocent Spouse Relief, Offshore Voluntary Disclosure and Foreign Bank Accounts, State Sales Tax Audits, Tax Planning, Nonprofit taxation and compliance, and other tax-related matters.

Jeff Butler, Russell Evans, Geoff Dietrich, Andrew Clawson, and Katherin Kang offer the following bankruptcy services: Bankruptcy Lawyers: Chapter 7 Bankruptcy, Chapter 11 Bankruptcy, and Chapter 13 Bankruptcy.

Carson Pearson, Geoff Dietrich, and Russell Blood offer the following business services: Business Lawyers: Business Entity Formation, Franchise Law, Tort Defense, Work Outs, and Wind Downs.

Ryan Holtan and Matthew Kober offer the following criminal defense legal services: Criminal Lawyers:  misdemeanor and felony criminal charges, assault, battery, drug charges, DUI, DWI, sex crimes, juvenile, and violent crimes.

Carson Pearson, Russell Blood, Geoff Dietrich offer the following estate planning legal services: Estate Planning Lawyers: Wills, Living Trust, Advance Care Directive, Living Will, Power of Attorney, Special Needs Trust, Estate Planning, Probate, and other matters.

Ryan Gregerson offers the following family law legal services: Family Lawyers: Prenuptial Agreements, Adoption, Separation, Divorce,  Child Custody, Child Support, Spousal Support, and Divorce Mediation.

Matthew Kober offers the following personal injury services: Personal Injury: Accident Injury, Catastrophic Injury, Dog Bite Injury, Personal Injury, Slip and Fall Injury, Nursing Home Abuse, Wrongful Death, Auto Accident, Car Accident, Pedestrian Accident, and Truck Accident. 

Contact our Utah Attorneys

If you or a loved one is feeling stressed and are looking for legal options, call PEARSON BUTLER Law to speak with one of our Utah Attorney team members.  Call (801) 495-4104.

Utah criminal defense attorney Ryan Holtan continues string of jury trial victories

Utah Criminal Defense Attorney Ryan Holtan

Utah Criminal Defense Attorney

Utah attorney Ryan Holtan is feeling happy, following another jury trial victory with a win in a DUI case in Salt Lake City, Utah.  The defendant was charged with a DUI following a traffic accident.  The subsequent blood test showed a .23 blood alcohol level.  These facts would typically lead to an open and shut conviction; but Mr. Holtan proved successfully to the jury that the blood could not scientifically have belonged to his client and that accident was the result of tiredness, not intoxication.

Attorney Ryan Holtan forced the arresting officer to demonstrate the field sobriety tests in open court in front of the jury and proved that his client had actually shown NO signs of intoxication. The jury deliberated for less than hour before they found the defendant no guilty.

For more news on Mr. Holtan, see "Salt Lake City Utah Criminal Defense Attorney Ryan Holtan Wins Dismissal of Class A Misdemeanor Assault Charges".  Also see "Salt Lake City Criminal Attorney Ryan Holtan Continues String of Jury Trial Success".

"Never rule out trial as an option, sometimes it’s the only way to win," explains Criminal Attorney Ryan Holtan who enjoys being in trial.

Ryan N. Holtan practices criminal defense and trial law at PEARSON BUTLER Law.  He was raised in Alaska and attended college in Montana and raced for Montana State University’s NCAA ski team.  Mr. Holtan attended the University of Utah law school.  As a third year law student, he participated in a year-long criminal clinic as a prosecutor with the Salt Lake County District Attorney’s Office.

Contact a Utah Criminal Defense Attorney

If you or a loved one has been charged with a crime, contact an experienced criminal defense to find out your legal rights. If you would like to have your case reviewed by an attorney comfortable going to trial, contact the Utah criminal defense attorney Ryan Holtan at (801) 996-3849.

Disclaimer: Case results depend upon a variety of factors unique to each case. Indications of past case results do not guarantee or predict a similar result in future cases.

What are the IRS Time Limits for Tax Audits, Tax Collections, and Tax Refunds?

The IRS only has a specific time limit to assess, credit, refund, and collect taxes. This time limit, a "Statute of Limitation" is required by the Internal Revenue Code. How Long Can the IRS Assess Taxes? The IRS only has 3 years after the tax return is filed to assess taxes. However, there are some important exceptions: fraudulent returns, substantial omission of income, and NOL carryback years. For more information, see "Tax Audits, Tax Refunds, and Tax Collections: Are There Any Time Limits?"

Tax Court Litigation Services at PEARSON BUTLER Law

Let's hope that this blog does not apply to you!! How Cam I Resolve an IRS Tax Dispute? A taxpayer has three judicial forums to litigate a tax controversy with the IRS. They are the United States Tax Court, the United States District Court, or the United States Court of Federal Claims. The taxpayer may file a petition with the Tax Court to challenge a proposed deficiency without firs

t paying the tax. Another option, the taxpayer may pay the full amount of the assessed tax deficiency, file a claim for refund, and then file suit in the United States District Court or the United States Court of Federal Claims. See "Tax Court Litigation". How Do I Know In Which Court I Should Litigate My Case? To decide which court is the best option for you, the taxpayer must consider the controlling legal precedents in each of the forums as well as the procedural differences that exist. One of the most important factors is the ability of the taxpayer to pay the assessed deficiency before filing suit. Some other factors to consider are that a Tax Court case will not be decided by a jury but will be decided by a judge. In addition, the IRS could assert additional deficiencies after a Tax Court petition is filed in the Tax Court, even if the statute of limitations on assessment has expired. The tax attorneys at PEARSON BUTLER Law can guide you through the maze of how and where to best resolve your tax dispute. When Is It a Good Idea to Go to U.S. Tax Court and What Is the Process? Have you received a Notice of Deficiency from the IRS? If so, you may need representation in the United States Tax Court. The United States Tax Court is the court that deals with nearly all federal tax cases. The Tax Court hears cases in Salt Lake City only two to three times each year. If you are considering Tax Court as an option, you should be represented by someone admitted to practice before the Tax Court. Contact a Tax Court Litigation Attorney Call PEARSON BUTLER Law for more information about tax court litigation and other related tax controversy questions at (801) 495-4104.

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Jeff Butler is a lawyer in Utah

Jeff Butler is a lawyer in Utah at Pearson, Butler & Carson.  See Wikipedia Utah attorney Jeff Butler.

Utah Criminal Attorney Successfully Removes Client's Name from Registry

Utah Criminal Attorney Successfully Helps Client Have Name Removed from Utah Registry

Criminal Defense attorney Utah Matthew Kober successfully removed a client's name from the Utah Sex Offender Registry.  The Third District Court judge signed the order and a week later the client's name was removed from the registry.   The Utah Legislature approved a narrow set of individuals whose names could be removed from the sex offender registry if certain conditions were met. See "Utah's law successful removing person's sex offender registry". 

For more information, see "Utah Criminal Attorney Update".  

Legal Updates on Child Custody Laws in Utah

Child Custody Laws in Utah Have Recently Changed

The Utah legislature has recently changed the Utah Statutes regarding child custody laws in Utah, creating a presumption of joint legal custody. Joint legal custody means the “sharing of the rights, privileges, duties, and powers of a parent by both parents.” Utah Code Ann § 30-3-10.1.

The Child Custody Laws in Utah Will Affect Parental Rights

The recent statutory changes should positively affect legal custody for many divorced parents by ensuring that they may participate more in important decisions made for their children.  The statutory presumption of joint legal custody will help parents struggling through the divorce process since sharing decisions helps reduce the manipulation that one spouse may use over the other spouse which is often seen in sole legal custody situations.  The changed child custody laws in Utah emphasize the need to create parenting plan as part of the custody case.  Such parenting plans are required for any case involving shared joint legal and physical custody. 

Contact a Child Custody Lawyer for More Info

With some of these recent changes, if you have any questions, call Ryan Gregerson at PEARSON BUTLER Law at (801) 495-4104 for more information.

Back Taxes? Look Into the IRS Office of Appeals

Back Taxes Resolved Through Appeals vs. Tax Court

Hundreds of thousands of US taxpayers dispute their back taxes annually through the IRS Office of Appeals instead of Tax Court.  Why? Because the IRS Office of Appeals has a responsibility of resolving tax disputes in a unbiased and impartial manner for tax payers.   See IRS Appeals.

What is The IRS Office of Appeals Process?

If the IRS chose to audit a tax return and states that the tax payer owes back taxes, the tax payer has the option to disagree with any proposed changes to their individual tax returns.  The tax attorneys at PEARSON BUTLER Law can evaluate your case and assess whether to appeal any audit adjustments, liens, offers in compromise, and levies.  The tax attorney team can also help you ask to hold conference with the IRS Office of Appeals and help you prepare for your Appeals conference.

See "Back Taxes in Utah?  Consider the IRS Office of Appeals."

What is a 30-Day Letter?

Once the Appeals conference has finished, the IRS will mail out a package that includes a “30-day letter” notifying you of your tax payer right to appeal any proposed changes, an explanation from the examiner explaining they proposed changes to your tax return, and a waiver form for the agreement.  You only have 30 days to respond to the 30-day letter or reach an agreement with the Appeals Officer, hence the name "30-day letter".  Failing to do so, you will receive a Notice of Deficiency or “90-day letter”.

What is a Protest Letter?

If you disagree with the 30-day letter's findings and proposed changes, you can write a Protest Letter.  The tax attorney team at PEARSON BUTLER Law can guide you in determining whether you should accept the 30-Day Letter or to send a Protest Letter to the IRS.  There are various factors in determining whether to accept or deny the 30-Day Letter, based on your individual situation and needs.

Can a Tax Payer Negotiate Settlement with the IRS Office of Appeals?

A tax payer with back taxes can negotiate a settlement wit the IRS Office of Appeals.  Since the IRS Appeals Officer has flexibility in deciding whether to deny or accept a settlement offer by weighing the merits of the taxpayer’s legal position versus of the risk of litigation, it is important to use a tax lawyer team with experience.  The tax lawyer team at PEARSON BUTLER Law help with advocating and negotiating on behalf of our clients.

 Why Use PEARSON BUTLER Law?

PEARSON BUTLER Law offers IRS and state tax assistant in a variety of areas:

• Tax Court Litigation
• IRS Appeals
• IRS Audits
• Criminal Tax Defense

Contact a Tax Lawyer Today

If you or a loved one has received communication from the IRS or other taxing agencies regarding back taxes in Utah, contact a criminal tax attorney at PEARSON BUTLER Law now.  Call (801) 495-4104 for a free initial consultation.

Utah Tax Attorney Represents Clients in the United States Tax Court

Has the IRS sent you a Notice of Deficiency? If so, you may need representation in the United States Tax Court. The Utah tax lawyer team at Pearson, Butler & Carson, PLLC, (“PEARSON BUTLER Law”) are experienced in Tax Court matters and can help you determine the best course of action in your situation.

 

Based in Washington, DC, the United States Tax Court handles most federal tax cases, but its 19 traveling judges hear cases across the country in cities on a regular basis. Due to the limited number of federal tax judges, the United States Tax Court only hears cases in Salt Lake City two to three times each year. In order for your tax case to be heard, you must be represented by someone admitted to practice before the Tax Court. The IRS is represented in the Tax Court by attorneys from the IRS Office of Chief Counsel.

If you would like to appeal a Notice of Deficiency,  you are required to file a petition with the Tax Court within 90 days of the date that the IRS mailed the deficiency notice to you. Your case will be dismissed if a you file your petition late, assuming the IRS mailed you a valid notice of deficiency was mailed to you. The petition must comply with a number of specific IRS guidelines. Once your case is docketed with the Tax Court, you will have an opportunity to appeal the Notice of Deficiency through the IRS docketed appeals program, and the Tax Court will provide a notice of the date and location of the trial as well as pretrial instructions several months prior to trial.

Fortunately, a Utah tax lawyer can negotiate a settlement to settle tax disputes before the case reaches trial. The goal in each case is to persuade the IRS representative that a settlement offer makes sense for both you (the taxpayer) and the government. Negotiation and settlement through your tax attorney is often preferred by taxpayers as the United States Tax Court is not authorized to use equitable principles to mitigate harsh results in deficiency cases. 

Tax Attorney Services

At PEARSON BUTLER Law, we assist in various tax matters:

• Tax Court Litigation
• IRS Appeals
• IRS Audits
• Criminal Tax Defense
• Payroll Taxes
• Trust Account Taxes
• Offer in Compromise
• IRS Collections
• Installment Agreements
• Innocent Spouse Relief
• Offshore Voluntary Disclosure and Foreign Bank Accounts
• State Sales Tax Audits
• Tax Planning
• Nonprofit taxation and compliance

Contact a Tax Attorney Today

The tax attorneys at PEARSON BUTLER Law are experienced in United States Tax Court matters and can help you determine the best course of action in your situation. Call us today for a free consultation at (801) 495-4104.

Utah Bankruptcy Lawyer Discusses Utah Bankruptcy Filing Statistics for May 2013

Utah Bankruptcy Lawyer Discusses Bankruptcy Trend

Each month, the United States Bankruptcy Court, District of Utah, updates the Utah bankruptcy filing trends.  The court lists the number of bankruptcies filed according to Utah Chapter 7 bankruptcy, Utah Chapter 13 bankruptcy, Utah Chapter 11 bankruptcy, and Utah Chapter 12 bankruptcy filings.  Filing statistics for May 2013 show an increase in Chapter 7 and Chapter 13 filings, a decrease in Chapter 11 filings, and status quo for Chapter 12 filings.  See Below:

Chapter	Jan.	Feb.	March	April	May	June
7	560	639	1,134	954	1,045	0
13	400	368	443	420	443	0
11	4	2	2	2	1	0
12	0	0	0	0	0	0
(2013)	964	1,009	1,579	1,376	1,489	0
(2012)	1,103	1,279	1,767	1,521	1,562	1,415
Chapter	July	Aug.	Sept.	Oct.	Nov.	Dec.
7	0	0	0	0	0	0
13	0	0	0	0	0	0
11	0	0	0	0	0	0
12	0	0	0	0	0	0
(2013)	0	0	0	0	0	0
(2012)	1,337	1,441	1,255	1,379	1,275	929

For more info, see Utah Bankruptcy Lawyer Discusses Utah Bankruptcy Filing Statistics for May 2013

Utah child custody cases can be difficult for fathers.

Our divorce attorneys frequently asked whether the courts have a bias against fathers in Utah child custody cases.  At the law offices of Pearson, Butler & Carson, PLLC, our child custody lawyers represent both mothers and fathers.  I wrote a blog that discusses how child custody works and if there is a bias. 

See "Is it harder for a father to win a Utah child custody case?"

Bankruptcy Attorney in Salt Lake City Utah Discusses Latest Bankruptcy Filing Statistic Trends

Latest Bankruptcy Filing Statistics by Bankruptcy Attorney in Salt Lake City Utah

The United States Bankruptcy Court, District of Utah, updated its filing statistics for March 2013.  Based on the graph, Utah Chapter 7 filings increased from 560 in January and 639 in February to 1,134 in March. March Chapter 7 bankruptcy filings doubled thosed in January and almost doubed those in February. It is common for more individuals and couples to file for Chapter 7 bankruptcy protection in March around the time that they receive their tax refund money that they can use to pay to file for bankruptcy protection. Similarly, the number of Chapter 13 bankruptcy filings increased from 400 in January and 368 in February to 443 in March. But we don’t see the doubling in Chapter 13 filings from January to March.

 

For more information, see "Bankruptcy Attorney in Salt Lake City Utah Discusses Latest Bankruptcy Filing Statistic Trends". 

Utah Child Support Modification

Utah Child Support Modification

Once a party has received a child support order from the court, the order may be modified if certain conditions are met. Generally, a party must file a Petition to Modify with the court and request the change. A party may request a change in child support once three years have passed since the entry of the order taking into consideration the following:

For more information, see "Utah Child Support Modification". 

Understanding Divorce in Utah by Salt Lake City Divorce Attorney

Understanding Divorce in Utah

The purpose of this blog is to help Utah residents have a better understanding of divorce in Utah. Two often repeated questions our Salt Lake City Utah divorce attorney team are asked by individuals seeking divorce advice are ”Should I get divorce?” and “What if I have minor children in my divorce?”. I wanted to briefly answer both of these common questions.

For more information, see "Understanding Divorce in Utah by Salt Lake City Divorce Attorney"

Are Less People Filing Bankruptcy? Utah bankruptcy attorney

I wrote an article on current bankruptcy filing trends in Utah, based on the United States Bankruptcy Court, District of Utah, filing statistics last updated in March 2013.  See article "Are Less People Filing Bankruptcy? Utah Bankruptcy Attorney Discusses Recent Trends". 

What is the Utah Divorce Mediation Requirement?

At Pearson, Butler & Carson, PLLC, we are offering more services in mediation.  The Utah State Courts require that parties participate in divorce mediation prior to having the matters resolved in the court house. I wrote a blog on "What is the Utah Divorce Mediation Requirement?"

When is Utah Divorce Mediation Mandatory

Family law has some specific requirements in Utah.  I just posted an article on when Utah divorce mediation is mandatory.  See blog: "When is Utah Divorce Mediation Mandatory?"