Client Review – Car Accident Case

As a St. George Personal Injury Law Firm, we strive to provide excellent service to each and every client.  We believe that feedback from our clients is the primary indicator as to how well we are doing.  Below is a testimonial we recently received from one of our valued clients:

My experience with McMullin Legal Group was professional, helpful, and my expectations were far exceeded. The attorneys and staff were always friendly and understanding. Everyone was easy to communicate with and I always received a prompt call back or email with any information I needed. Anthony was knowledgeable and took the time to explain everything. I felt as though my health and well being were their primary concerns from start to finish. I appreciated the updates and feedback I received throughout the entire process. Hopefully I will never be involved in a car accident again, but if I were, my first choice in legal representation would be: McMullin Legal Group. Thanks for everything!


Press Release: St. George Police Department

In the video featured above, Sergeant Sam Despain of the St. George Police Department offers some interesting insights about the St. George Community.

St. George is growing. This requires a police department that is open to new ways of doing things. A good working relationship with the community is necessary in order for the police department to be effective. The following are a few ways that the police department is changing:

The police department has created community action teams within each geographic region of town. This program is intended to help the citizens become empowered to watch over their own communities. Another way you can become involved is by attending the “citizens academy.” It is a several week course that teaches citizens how they can be part of the solution. This course is free to the public. It runs once per year. This course gives citizens perspective on what it is like to be a police officer in the St. George area.

The 911 dispatch center services all emergency services in the St. George area. They also have reverse 911 capability. Reverse 911 allows them to get information out to a lot of people in a short period of time.

Another way that the St. George Police Department is changing is learning how to better work with professionals who are experienced in working with individuals with psychological disorders and disabilities. Learning how best to help these individuals can go a long way towards dissolving problems and aiding these members of our community.

The St. George Police Department can only be as effective as the level of trust that they have from the members of our community. They offer the following helpful tips to St. George residents about how to prevent crime:

Many of our crimes are opportunity crimes, such people leaving their purses on their seats in an unlocked car. Also, texting while driving and speeding are our two biggest causes of serious traffic accidents. It will take a change within the citizens of our communities to make a change in the rate of serious traffic accidents.

At McMullin Legal Group, we support local law enforcement and encourage members of the St. George Community to spread this message.


Utah laws are changing in an effort to keep us safe. McMullin Legal Group would like to help. We care about the safety of you and your family. Please feel free to stop by our office anytime to pick up a complimentary Bluetooth headset. Let’s keep Southern Utah a safe place to drive. ($40 Value).


Worst Driver Ever

The woman featured in this video has been deemed, “Calgary’s Worst Driver.” She was issued a citation for “unsafe backing,” and she was fined $115. This video is almost painful to watch. Further details on whether the driver was recently licensed or not have not yet been reported. Please be safe while driving in Southern Utah this Holiday season. If you see someone running into other vehicles while making a 30-point-turn in a parking lot, please alert the authorities.


-McMullin Legal Group

Cam Newton’s Car Accident: An Injury Attorney’s Perspective

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Reports indicate that Cam Newton, of the NFL’s Carolina Panthers, was involved in an automobile accident on Tuesday morning, December 9, 2014. Obviously, the most important news that could break related to this accident is that Mr. Newton is perfectly fine and that his recovery will be swift. I wish him the best. However, this article is written for a different purpose. It is my intent to use this example to educate readers about Tort Law in the State of Utah and to help explain why it is that injured victims recover money after car accidents. This accident provides an opportunity to explain complex legal theories in a way that is very easy to understand.

At this time, it is unclear who was at fault for this accident. For purposes of this article, we are going to pretend that the other driver, not Mr. Newton, was at fault for this accident. We will also pretend that this accident occurred in the State of Utah and we will therefore apply Utah Auto Law.

When one person harms another, in addition to sometimes being a crime, it is often a “tort” or civil wrong. It seems obvious that we should be made whole when someone hurts us on purpose, but what about by accident? Are all accidental injuries compensable? No. In order to recover when someone else hurts you by accident, you must be able to prove a case for negligence. A valid claim for negligence consists of four elements: duty, breach, cause, and harm.

In which arena of our modern society do people most commonly hurt one another by accident? The answer is obvious. People get hurt when we drive metal boxes around in close proximity to one another at high rates of speed. That is why some people associate lawyers with car accidents. Car accident victims often need attorneys to make their negligence case against the at-fault driver’s insurance company so that they can get a fair recovery for their injuries.

We all have a duty to obey the traffic laws and to drive reasonably according to the current traffic and weather conditions. When we breach that duty and the result is an accident, we will be found at fault for the crash. Proving who was at fault can be a difficult task, but often times, proving causation and damages can be even more complex. Insurance companies are very good at pointing the finger at other potential causes for a given injury. If they can show that the injury was preexisting, or that it was not directly and proximately caused by that exact car crash, they can get off the hook. Proving damages is an art, not a science; this is where the Cam Newton example comes in handy.

Currently, the most recent reports are stating that Mr. Newton suffered “two transverse process fractures in his lower back.” Let’s assume that those are his only injuries. Mr. Newton would be entitled to recover from the at-fault driver (or more likely, their insurance company), for all special damages and general damages caused by that crash. Special damages are things that have an exact bill. Mr. Newton was transported by ambulance to the hospital bill. Even if released immediately, he would have incurred bills from the ambulance company, the radiology company, and the emergency room. More likely than not, those injuries will require some form of follow up care from a variety of medical professionals. Healthcare is extremely costly, especially if surgery is required. In order to be made whole, Mr. Newton must recover the amount of all of his bills.

In addition to his medical bills, his lost wages must be included in special damages. Let’s pretend that Mr. Newton is unable to play this Sunday. What if his contract precludes him from being paid his salary when he suffers from a non-football injury? How much money would Mr. Newton be losing? Answer: an awful lot.

But, even if he is paid for all of those special damages, it’s still not an even trade right? He is not made whole because he is not put back in the place he was in just prior to the accident. After all, no one would say, “Hey, you can go ahead and hit me with your car so long as you agree to pay my doctors for the necessary treatment they provide me.” That would be insane. Mr. Newton would need to be paid for his general damages in order to be made whole under the law.

With Cam Newton, the potential general damages are enormous. General damages are those that affect each person differently. The pain and suffering, and loss of enjoyment of life that Mr. Newton could experience are enormous. Let’s pretend again that Mr. Newton’s injuries keep him sidelined for this Sunday’s game. Although the Panthers have had a weak season, their playoff hopes are still alive because their entire division has struggled. If Mr. Newton were to play the rest of the season, and the Panthers were to win out and make the playoffs, perhaps they would go on to win a Super Bowl. How much is winning a Super Bowl worth to a person? If you asked Dan Marino how much he would pay to go back in time and win a Super Bowl, how much would he say? Odds are, the value is enormous- probably millions. Obviously, there are some serious causation issues here because it is unlikely that the Panthers would win a Super Bowl this season even with a healthy Cam Newton, but you get the idea.

So, if you can recover money for something as “trivial” as emotional trauma, then how much would each Panther fan be entitled to after watching their Newton-less Panthers be defeated by the lowly Buccaneers this Sunday? Answer: Although that does sound painful, they get nothing. With limited exceptions, the rule is that one must suffer physical injury in order to recover for his or her emotional injuries.

So what is the lesson? Drive carefully. Do not run into anyone, and especially do not run into Cam Newton.


By: S. Andrew Spainhower, Esq.

Photo Credit: The Charlotte Observer