Steps to Take If You Were Hit By Another Skier In Utah
Ski resorts require liability waivers and have additional protection against lawsuits for injuries that are part of the inherent risks of the activity; however, if you suffer a serious injury due to another skier’s careless or reckless action on the slopes, you may have questions about your legal options.
Utah Code 78B-5-818. states the following:
“The fact finder may, and when requested by a party shall, allocate the percentage or proportion of fault attributable to each person seeking recovery, to each defendant…”
When another skier’s actions cause you to suffer a serious injury, you have the right to file a claim to recover your damages under Utah’s comparative negligence law. Knowing the steps to protect yourself may be crucial to your financial recovery.
Contact a Salt Lake City skiing accident lawyer today — call (385) 404-6398.
What to Do at the Scene of The Skiing Accident
Skiing is a fun and fitness-friendly way to spend time outdoors in the cold season, especially in Utah, where the mountainous terrain and powdery snow are ideal for an exhilarating experience on the slopes. Unfortunately, the fun ends quickly when another skier’s carelessness or reckless behavior causes a collision. Unless you are unconscious or incapacitated, you or an uninjured companion can act to protect your physical and financial future by doing the following at the scene:
- First, assess your injuries and apply necessary first aid for bleeding or a medical emergency
- Then, use a cell phone to report the accident to ski patrol and request help to transport you from the ski area to a hospital or urgent care facility (very important if you suffered a TBI)
- Both parties in the collision must legally remain at the scene of the accident until the patrol arrives—avoid verbal or physical confrontation and do not say anything that could be later construed as admitting fault, including a simple “I’m sorry.”
- Use your phone’s camera to photograph the accident scene, including any visible hazards that contributed to the collision, nearby signs, trail markers, and the resting position of your skis
- Do not move or reposition your skis, but instead, leave them in their resting position from the crash until ski patrol arrives
- Photograph visible injuries
- Exchange contact information with the other skier
- If there were witnesses to the collision, ask for their contact information
Finally, ask for transportation directly to a hospital. This not only ensures you receive critical emergency care but also provides evidence that your injuries occurred in the collision with the other skier.
What to Do In the Days and Weeks After the Ski Collision
At the hospital, you’ll receive treatment for obvious emergency injuries, but you should also ask for a full medical assessment to diagnose potential injuries with delayed symptoms, such as whiplash and traumatic brain injuries. Then, do the following:
- Request a detailed medical report with every injury listed, along with your doctor’s treatment recommendations and your prognosis for recovery
- Keep copies of your medical bills
- Ask for a copy of your accident report
- Carefully follow your doctor’s treatment recommendations
- Hire an experienced ski injury attorney
- Refer all communication with the defendant’s insurance company to your lawyer
Most Utah premises liability insurance purchased by homeowners includes coverage for policyholder liability in actions like causing a ski collision. An experienced personal injury lawyer in Salt Lake City pursues all available options to maximize the amount you recover in your case.