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Ordinary Negligence vs Gross Negligence

The Ordinary Negligence vs Gross Negligence Guide: What’s the Difference?

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Whether you’re driving on I-15 or walking in Downtown Salt Lake, the last thing you expect of your day is to be injured in an accident. When someone else’s careless mistake leads to you being injured, the concept of ordinary negligence comes into play.  

At Harris, Preston, & Chambers, we’ve seen countless cases where individuals have suffered injuries because of someone else’s negligence. While the word “negligence” may conjure images of reckless behavior, it’s important to understand that ordinary negligence isn’t almost about someone acting with complete disregard for safety. In fact, ordinary negligence is often rooted in the ordinary actions of everyday people. 

So what’s the difference between ordinary negligence vs gross negligence in Utah? Let’s take a look at what these terms mean and how that might affect your personal injury case. 

We’re based in Logan, UT, and serve the entire state including Salt Lake City, Ogden, and St. George. Click the button below or call us at (435) 752-3551 to get a free consultation. 

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Is Utah A No Fault State?

 

What is Negligence in Utah?

Negligence, as defined in the Utah Code, is “the failure to exercise that degree of care that an ordinarily reasonable and prudent person exercises under like or similar circumstances.” In essence, when someone’s carelessness results in harm or damage, they may be deemed negligent in the eyes of the law. This concept is at the heart of most personal injury cases. If negligence can be proven, the injured party may be able to receive compensation for their losses. 

In order to prove negligence in a personal injury case, there are several elements that must be established. 

  • That the defendant owed the plaintiff a duty of care.
  • That the defendant breached that duty. 
  • That this failure, and not something else, resulted in the plaintiff’s injuries.
  • And finally, that the plaintiff was actually hurt. 

The state of Utah also has a law called “Comparative Negligence.” If you share fault in the accident, the amount of money you’re eligible to be compensated will be lessened by the percentage of fault you share. For example, if you’re found to be 20% at fault, your compensation would be 80%. If you’re more than 49% at fault, you are ineligible for any sort of compensation.

What is Gross Negligence? 

Now that you understand more about negligence, let’s compare ordinary negligence vs gross negligence in Utah. Where ordinary negligence could be a minor lapse in judgment, gross negligence is typically much more reckless, extreme, and even intentional behavior that causes harm. 

Key characteristics of gross negligence include: 

  • Conscious indifference: The person knowingly and recklessly ignores the risks and potential harm associated with their actions. 
  • Severe deviation from standard of care: The defendant deviated substantially from the level of care that an ordinarily reasonable and prudent person would exercise under similar circumstances. This departure is much more pronounced than in the case of ordinary negligence. 
  • High likelihood of harm: Gross negligence often involves situations where there is a high probability of causing significant harm or damage to others. It’s not just a minor lapse of judgment. 
  • Potential criminal liability: In some cases, gross negligence might cross into criminal territory, leading to criminal charges. 

Some examples of gross negligence might include drunk driving that causes a fatal accident, extreme medical malpractice, or grossly negligent behavior in a workplace that endangers employees’ lives. 

Negligence vs Medical Malpractice

In the healthcare industry, medical negligence is when a healthcare provider, such as a doctor or nurse, fails to meet their duty of care. This might be an error or mistake. Medical malpractice, however, occurs when negligence causes injury or harm. In medical malpractice cases, the standard of care is determined by what a similarly trained and qualified healthcare professional would do.

Some examples of medical malpractice include:

  • A misdiagnosis or delayed diagnosis: For example, if a healthcare provider fails to diagnose breast cancer when a similarly trained doctor would have been able to make the diagnosis. 
  • Surgical errors: This might include operating on the wrong site, amputating the wrong limb, or leaving surgical instruments inside the patient. 
  • Medication errors: Prescribing the wrong dose, wrong medication, or a medication the patient is allergic to can all be forms of medical malpractice. 
  • Failure to obtain informed consent: Healthcare providers are required to obtain informed consent from their patient before performing a procedure or treatment. However, if the provider doesn’t fully explain risks, benefits, and alternatives, this can lead to medical malpractice.
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Damages for Negligence Claims

If you’ve been injured by someone’s negligence, you might receive damages from the responsible party as a way to make up for your losses. There are a few different types of damages that your lawyer might help you pursue in a negligence claim: 

  • Economic damages: Economic damages are any sort of financial loss that can be quantified. This might include your medical expenses, lost wages, and property damages. 
  • Non-economic damages: Non-economic damages, on the other hand, are for losses that are impossible to quantify. They might include pain and suffering, emotional distress, and loss of consortium. 
  • Punitive damages: Punitive damages are not to compensate you for your losses, but rather for the defendant to be punished for their wrongs. Punitive damages are only awarded in cases of gross negligence or intentional misconduct. 

When Should You File a Claim?

If you’ve been injured due to someone else’s negligence, you may be wondering when you should file a claim. The timing for filing a legal claim is crucial. Every type of legal claim is subject to a statute of limitations, which is essentially a deadline you need to file your claim by. In the state of Utah, the statute of limitations is four years for personal injury claims and two years for both wrongful death and medical malpractice.  

Whether or not you decide to file a claim, it’s always a good idea to talk with an experienced personal injury attorney like Harris, Preston, & Chambers as soon as possible. We understand the intricacies of Utah law and can help you file your claim at the right time. We’ll investigate your case, keep track of medical documents and bills, and help you keep track of crucial evidence for your case. Building a case can take time, especially when it’s complex, so it’s always best to speak with us as soon as you can. 

Types of Injury Cases Negligence Applies to

Ordinary negligence applies to a variety of injury cases. Here are some examples of different types of personal injury cases involving negligence:

  • Car accident: The driver was texting while driving, which led to his collision with a pedestrian. 
  • Slip-and-fall: The owner of a restaurant didn’t fix a handrail that had fallen off, which led to a customer falling down a set of stairs. 
  • Medical malpractice: The surgeon left a piece of gauze inside the patient after surgery, which caused pain and other symptoms. 
  • Dog bite accident: The owner of a dog failed to properly restrain their dog, which led to someone being bitten. 

These are just some of the many types of injury cases negligence applies to. If you’ve been injured due to someone else’s negligence, whether it’s ordinary negligence or gross negligence, you may be entitled to compensation. At Harris, Preston, & Chambers, we know how stressful it can be trying to deal with new injuries while also seeking compensation for your losses. Let us take on the burden of your case so you can focus on healing. 

*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.

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Utah Truck Accident Law
The Utah Motorcycle Law Guide

The Utah Motorcycle Law Guide: Are Helmets Required?

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Motorcycle enthusiasts and riders alike often find themselves navigating a web of regulations that are unique to each state. In this beautiful state, renowned for its breathtaking landscapes, understanding the intricacies of Utah motorcycle laws is crucial for a safe and enjoyable riding experience. One of the most debated topics in the motorcycling community is whether helmets are required for riders in Utah. In this guide, we’ll discuss the specifics of Utah’s motorcycle helmet laws and the broader impact these regulations have on rider safety and freedom.

If you’ve been in a motorcycle accident in Utah and need an injury lawyer, we can help. We serve the entire state of Utah including Salt Lake, Ogden, Provo, and St George. Click the button below to get a free consultation or call us at (435) 752-3551.  

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Utah Injury Law

Utah Motorcycle Helmet Laws 

In the state of Utah, motorcyclists and their passengers must wear a helmet if under the age of 21. Riders 21 and older can choose to wear a helmet if they prefer. Those who do not comply will likely be charged with a traffic infraction and may be fined. The helmet must also meet or exceed the DOT standards. 

Be aware that it’s always best for motorcycle riders of any age to wear a helmet. Wearing a helmet greatly reduces the chances of death and serious head injuries in motorcycle accidents. 

Do I need a Motorcycle License in Utah? 

In Utah, operating a motorcycle requires a specific motorcycle endorsement on your driver’s license. If you already possess a regular driver’s license, you can add a motorcycle endorsement by completing a motorcycle rider education course approved by the Utah Department of Public Safety or by passing a skills test at your local DMV. However, if you’re a new rider without any previous driving experience, you’ll need to obtain a learner’s permit before applying for a motorcycle endorsement. This permit allows you to practice riding under certain restrictions. Keep in mind that possessing a motorcycle endorsement not only demonstrates your proficiency in operating a motorcycle but also ensures that you’re aware of the specific safety measures and rules that apply to motorcyclists on Utah’s roads. 

How to Get a Motorcycle License in Utah 

Obtaining a motorcycle license in Utah involves a few steps to ensure you’re both legally allowed to operate a motorcycle and equipped with the necessary skills for safe riding. Here’s a brief overview of the process:

  1. Learner’s Permit: If you’re new to motorcycling, start by applying for a motorcycle learner’s permit. To do this, visit your local Utah DMV office and pass a written test that covers motorcycle rules and regulations. With a learner’s permit, you can practice riding under certain restrictions, such as not riding at night or carrying passengers. 
  2. Practice Riding: While holding a learner’s permit, practice your riding skills under the restrictions outlined in the permit guidelines. This is an important phase for building confidence and familiarity with motorcycle operation. 
  3. Rider Education Course: Consider enrolling in a Utah Department of Public Safety-approved motorcycle rider education course. Completing this course not only hones your riding skills but also makes you eligible to bypass the skills test portion of the licensing process. 
  4. Skills Test: If you choose not to take a rider education course or if the course isn’t available in your area, you’ll need to pass a skills test conducted by the DMV. The test assesses your ability to handle the motorcycle, including various maneuvers like turning, stopping, and starting.
  5. Motorcycle Endorsement: Once you’ve successfully completed the necessary requirements—whether through a rider education course or by passing the skills test—you can visit the DMV to add a motorcycle endorsement to your driver’s license. This endorsement indicates that you’re qualified to operate a motorcycle on Utah roads.
Utah Motorcycle Accident Law

Utah Motorcycle Helmet Laws 

In the state of Utah, motorcyclists and their passengers must wear a helmet if under the age of 21. Riders 21 and older can choose to wear a helmet if they prefer. Those who do not comply will likely be charged with a traffic infraction and may be fined. The helmet must also meet or exceed the DOT standards. 

Be aware that it’s always best for motorcycle riders of any age to wear a helmet. Wearing a helmet greatly reduces the chances of death and serious head injuries in motorcycle accidents. 

Do I need a Motorcycle License in Utah? 

In Utah, operating a motorcycle requires a specific motorcycle endorsement on your driver’s license. If you already possess a regular driver’s license, you can add a motorcycle endorsement by completing a motorcycle rider education course approved by the Utah Department of Public Safety or by passing a skills test at your local DMV. However, if you’re a new rider without any previous driving experience, you’ll need to obtain a learner’s permit before applying for a motorcycle endorsement. This permit allows you to practice riding under certain restrictions. Keep in mind that possessing a motorcycle endorsement not only demonstrates your proficiency in operating a motorcycle but also ensures that you’re aware of the specific safety measures and rules that apply to motorcyclists on Utah’s roads. 

How to Get a Motorcycle License in Utah 

Obtaining a motorcycle license in Utah involves a few steps to ensure you’re both legally allowed to operate a motorcycle and equipped with the necessary skills for safe riding. Here’s a brief overview of the process:

  1. Learner’s Permit: If you’re new to motorcycling, start by applying for a motorcycle learner’s permit. To do this, visit your local Utah DMV office and pass a written test that covers motorcycle rules and regulations. With a learner’s permit, you can practice riding under certain restrictions, such as not riding at night or carrying passengers. 
  2. Practice Riding: While holding a learner’s permit, practice your riding skills under the restrictions outlined in the permit guidelines. This is an important phase for building confidence and familiarity with motorcycle operation. 
  3. Rider Education Course: Consider enrolling in a Utah Department of Public Safety-approved motorcycle rider education course. Completing this course not only hones your riding skills but also makes you eligible to bypass the skills test portion of the licensing process. 
  4. Skills Test: If you choose not to take a rider education course or if the course isn’t available in your area, you’ll need to pass a skills test conducted by the DMV. The test assesses your ability to handle the motorcycle, including various maneuvers like turning, stopping, and starting.
  5. Motorcycle Endorsement: Once you’ve successfully completed the necessary requirements—whether through a rider education course or by passing the skills test—you can visit the DMV to add a motorcycle endorsement to your driver’s license. This endorsement indicates that you’re qualified to operate a motorcycle on Utah roads.
Is Utah A No Fault State?

Utah Motorcycle Traffic Laws 

Here’s a brief overview of some key motorcycle-related traffic laws in Utah:

  • Helmet Laws: As mentioned earlier, Utah has specific helmet laws based on age and experience. 
  • Lane Splitting: No more than 2 motorcycles can ride side-by-side in a single lane 
  • Headlights On: Motorcycle riders in Utah are required to keep their headlights on while operating their vehicles. 
  • Passenger Seats and Footrests: Motorcycles carrying passengers must be equipped with proper passenger seats and footrests. Passengers should be able to securely hold onto the rider or the motorcycle itself. 
  • Handlebar Height: Handlebars on motorcycles must not be positioned higher than the rider’s shoulders when seated on the motorcycle. 
  • Turn Signals: Motorcycles are required to have working turn signals that meet the standards set by the Utah Department of Public Safety. 
  • Muffler and Noise Levels: Motorcycles must have mufflers in good working condition to minimize noise. 
  • Equipment Requirements: Motorcycles must meet certain equipment standards, including mirrors, brakes, tires, and other safety features. 
  • Alcohol and Drugs: Operating a motorcycle under the influence of alcohol or drugs is strictly prohibited. The same blood alcohol concentration (BAC) limits that apply to driving a car also apply to motorcycle operations. 

Utah Motorcycle Insurance 

While the state requires liability insurance coverage to legally operate a motorcycle, additional coverage options are available to ensure comprehensive protection. Liability insurance helps cover damages and injuries to others if you’re at fault in an accident. Beyond legal requirements, comprehensive coverage can safeguard your bike against theft, vandalism, and natural disasters. Collision coverage aids in repairing or replacing your motorcycle if it’s damaged in an accident. Proof of insurance is required to register a motorcycle in Utah. If caught riding without insurance you may be subject to fines or even get your motorcycle license suspended. Keep in mind that uninsured motorcyclists who are involved in an accident may have to pay out-of-pocket expenses for vehicle repairs or medical bills. 

Utah Motorcycle License Requirements 

Below is a list of the following criteria for obtaining a motorcycle license in Utah: 

  • Have a Utah driver’s license 
  • Be at least 16 years of age 
  • Complete a medical form
  • Pass a written test 
  • Pass a vision test 
  • Show proof of Utah residency 
  • Earn your motorcycle permit 
  • Pass your motorcycle skills test 
  • Pay all licensing fees 

How Long Does it Take to Get a Motorcycle License in Utah? 

The time it takes to get a motorcycle license in Utah can vary. It depends on factors such as whether you’re starting from scratch or already have a driver’s license, whether you choose to take a rider education course, and how quickly you can complete the necessary steps. On average, the process can take a few weeks to a couple of months. 

Penalties for Driving Without a Motorcycle License in Utah 

Driving a motorcycle without a license in Utah can lead to various penalties. These penalties typically include fines, which can vary depending on factors like previous offenses and the specific circumstances of the violation. Additionally, you might face the impoundment of your motorcycle, which can involve additional fees for towing and storage. It’s important to note that driving without the required license not only results in financial consequences but also puts you at risk legally and financially in case of accidents or other incidents on the road. 

What to Do if You Get in a Motorcycle Accident 

If you find yourself in a motorcycle accident, it’s crucial to take certain steps to ensure your safety, well-being, and legal protection: 

  1. Check for Injuries: First and foremost, assess yourself and others involved for injuries. If anyone is injured, seek medical assistance immediately. 
  2. Move to Safety: If possible and safe to do so, move yourself and your motorcycle out of traffic to prevent further accidents or injuries.
  3. Call for Help: Dial 911 to report the accident. Law enforcement and medical personnel will be dispatched to the scene. 
  4. Exchange Information: Exchange contact, insurance, and driver’s license information with other parties involved in the accident. Also, gather contact information from any witnesses present.
  5. Document the Scene: If it’s safe, take photos or videos of the accident scene, including vehicle positions, damages, and road conditions. This documentation can be valuable later. 
  6. Don’t Admit Fault: Avoid admitting fault or making statements that could be used against you. Stick to the facts when speaking to law enforcement and others. 
  7. Seek Medical Attention: Even if you don’t feel seriously injured, it’s wise to seek medical attention. Some injuries may not be immediately apparent. 
  8. Report the Accident: If required by law or your insurance policy, report the accident to your insurance company. Provide accurate details without making assumptions about fault. 
  9. Contact an Attorney: If the accident resulted in injuries, significant damages, or potential legal disputes, consider consulting a personal injury attorney experienced in motorcycle accidents. 
  10. Preserve Evidence: Keep records of medical treatments, expenses, repairs, and other related costs. This information can be essential for insurance claims or legal actions. 
  11. Cooperate with Authorities: Cooperate fully with law enforcement and follow any instructions they provide. Obtain a copy of the accident report for your records. 

Utah Motorcycle Law Guide Conclusion 

If you’ve been involved in a motorcycle accident or are grappling with any legal matter in Utah, the dedicated team of attorneys at Harris, Preston, and Chambers is here for you. With a wealth of experience in personal injury cases, including motorcycle accidents, as well as a comprehensive understanding of Utah’s legal landscape, our team is committed to advocating for your rights and securing the best possible outcome.

*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.

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The Lyft Accident Lawyer Guide

The Lyft Accident Lawyer Guide: What You Need To Know 

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In today’s fast-paced world, ride-sharing services like Lyft have revolutionized the way we commute, providing convenient and affordable transportation options at our fingertips. However, accidents can happen even in the most advanced and well-regulated systems. If you find yourself involved in a Lyft accident in Utah, finding an experienced lyft accident lawyer to help you understand your rights and legal options becomes crucial. In this informative blog post, we’ll explore the essential aspects of handling Lyft accidents in Utah, helping you navigate the complex legal landscape, protect your interests, and ensure you receive the compensation you deserve.

Click the button below to get your free consultation with a Utah personal injury attorney and learn more about car accident law. We serve the entire state including St George, Logan, and Salt Lake City. We also do personal injury law in Wyoming and Idaho. 

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What to do After a Lyft Accident 

After being involved in a Lyft accident in Utah, it’s important to take immediate action to protect your well-being and safeguard your legal rights. Here are the steps we recommend you follow: 

  1. Ensure Safety: Prioritize your safety and the safety of others involved in the accident. If it’s safe to do so, move to a secure location away from traffic and turn on hazard lights. Check for injuries and call emergency services if needed. 
  2. Gather Information: Collect as much information as possible about the accident. Obtain the contact details of the Lyft driver, including their name, phone number, and insurance information. Also, gather information from any witnesses present, including their names and contact details. 
  3. Document the Scene: Use your smartphone to take pictures or videos of the accident scene, including the damaged vehicles, skid marks, traffic signs, and any visible injuries. This visual evidence can be invaluable when filing an insurance claim or seeking legal assistance. 
  4. Report the Incident: Report the accident to both the police and Lyft. The police report will serve as an official document, providing an objective account of the accident. Contacting Lyft ensures that the company is aware of the incident and can initiate their internal investigation process.
  5. Seek Medical Attention: Even if you don’t feel immediate pain or discomfort, it’s a good idea to seek medical attention as some injuries may manifest later. Prompt medical evaluation not only protects your health but also establishes a crucial link between the accident and any potential injuries you may have sustained. 
  6. Evidence: Preserve any evidence related to the accident, such as medical records, repair bills, car rental receipts, and any correspondence with Lyft or insurance companies. These documents will be vital when building your case or negotiating a settlement. 
  1. Consult with a Lyft Accident Lawyer: Consider consulting with a knowledgeable Lyft accident attorney who specializes in personal injury law. 

Types of Damages You Can Recover 

After being involved in a Lyft accident, you may be eligible to recover various types of damages. These damages are intended to compensate you for the losses and hardships you have endured because of the accident. While the specific damages vary depending on the circumstances of your case, they generally fall into a few key categories. 

  • Medical Expenses: Compensation for medical treatment, hospitalization, medication, rehabilitation, therapy, and future medical care related to your injuries. 
  • Pain and Suffering: Damages to compensate for physical and emotional distress, including pain, discomfort, anxiety, depression, and loss of enjoyment of life. 
  • Lost Wages: Recovery of income lost due to the inability to work, including both past wages and future earnings affected by your injuries. 
  • Property Damage: Compensation for the repair or replacement of personal property damaged in the Lyft accident.
  • Loss of Consortium: Damages sought in cases where the accident has resulted in the loss of companionship, support, or services of a spouse or family member.
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What if the Lyft Driver Is At Fault?

As a passenger, you put your safety in the hands of your driver. You trust that they will obey traffic laws and drive responsibly. If your Lyft driver fails in this arena, you could be entitled to compensation for the injuries you received. 

If you are a passenger in a Lyft and a driver outside of your vehicle is to blame for the accident, you may seek compensation from the at-fault party for damages. In certain circumstances, you could also pursue legal claims against the driver of the vehicle or Lyft’s insurance policy. 

What if a Lyft Driver Hits My Car? 

If you’re driving your own vehicle and are hit by a Lyft driver, you are also entitled to possible compensation. In this case, victims could recover financial relief by seeking compensation from not only their own insurance company, but the driver’s insurance policy, and the Lyft insurance policy also. 

Common Causes of Lyft Accidents 

Understanding the common causes of Lyft accidents is important for both passengers and drivers to promote safety on the roads. Here are a few key factors that often contribute to Lyft accidents in Utah: 

  • Distracted Driving: With the increasing use of smartphones and other electronic devices, both Lyft drivers and other motorists can easily become distracted while behind the wheel. Activities like texting, making phone calls, adjusting GPS systems, or even interacting with passengers can divert attention from the road, leading to accidents. 
  • Reckless Driving: Another common cause of Lyft accidents in Utah is reckless driving behavior. This includes actions such as speeding, aggressive maneuvering, tailgating, and running red lights or stop signs. 
  • Driver Fatigue: Fatigue can impair a driver’s ability to operate a vehicle safely. Lyft drivers often work long hours, sometimes during late-night or early-morning shifts, which can lead to fatigue and drowsiness. When a driver is tired, their reaction times slow down, and they may even fall asleep at the wheel, increasing the likelihood of accidents.
  • Impaired Driving: Driving under the influence of alcohol, drugs, or prescription medication is a serious concern and a significant cause of Lyft accidents. Impaired drivers may have reduced coordination, impaired judgment, slower reflexes, and compromised decision-making abilities, making them more prone to causing accidents. 
  • Road Conditions: Poor road conditions, such as icy or wet surfaces, potholes, or inadequate signage, can contribute to Lyft accidents in Utah. Drivers may encounter difficulty maintaining control of their vehicles or may be caught off guard by sudden hazards, resulting in collisions or other accidents. 

How to Know If You Need a Lyft Driver Accident Attorney 

Determining whether you need a Lyft driver accident attorney depends on the circumstances surrounding the accident and the extent of your damages. While not all accidents require legal representation, there are certain situations where consulting with an attorney is advisable. Additionally, if there is a dispute over liability, an attorney can gather evidence and establish fault. 

Dealing with insurance challenges, such as claim denials or undervaluation, also warrants legal representation to ensure fair compensation. In cases involving complex legal processes, such as multiple parties or commercial insurance policies, an attorney’s expertise is invaluable. Lastly, if the accident has caused emotional distress or psychological impacts, an attorney can help seek compensation for these intangible damages. 

What if the Insurance Doesn’t Cover the Cost of My Injuries?

Unfortunately, it’s not uncommon for insurance policies to have limits that may not fully address the extent of your injuries and related expenses. However, there are steps you can take to pursue additional compensation and alleviate the financial burden. 

It’s always in your best interest to carefully review your insurance policy to see if you have any other coverages that may apply to your situation. Personal injury protection (PIP) or underinsured/uninsured motorist coverage might be available to help provide additional financial support for your injuries. Contact your insurance company to discuss these options and determine if you can file a claim under these provisions.

If your insurance policy does not provide sufficient coverage, you can explore other avenues to seek compensation. This typically involves engaging in negotiations with the insurance company. Compile all necessary documentation, including medical records, bills, and any other evidence that demonstrates the extent of your injuries and the associated costs. Present this information to the insurance company and attempt to negotiate a higher settlement. It can be beneficial to enlist the help of a personal injury attorney who has experience in dealing with insurance companies. 

How a Lyft Accident Attorney Can Help You 

At Harris, Preston, and Chambers, our Lyft accident lawyers specialize in handling accidents involving Lyft and other personal injuries. With our expertise and knowledge, we can provide comprehensive assistance throughout the entire legal process. 

Our attorneys will diligently assess the specific details of your case, thoroughly investigate the accident, and gather evidence to establish liability. We work closely with you to understand the full extent of your damages, including medical expenses, lost wages, and emotional distress, ensuring that no aspect of your claim is overlooked. Our Lyft lawyers are skilled negotiators who will engage with insurance companies on your behalf, seeking fair compensation for your injuries and losses.

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Car Accident On Private Property

What Happens When A Car Accident Takes Place On Private Property? 

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Most car accidents happen at busy intersections, highways, or winding country roads. But what happens when there’s a car accident on private property? It’s a scenario that many of us have never considered, and yet it can present a unique set of challenges and legal complexities. 

If you’ve been in a car accident that took place on private property, you may find your rights to compensation differs from those of an accident on public roads. In this blog post, we’ll explain some of the legal intricacies of private property car accidents and how an attorney can help you navigate the legal challenges. 

If you need a Utah personal injury lawyer, we can help you. We’re experienced injury lawyers based in Logan, UT but we serve the entire state including Ogden, Salt Lake City, Provo, and St George. We also serve the entire state of Idaho! Click the button below to get your free consultation over the phone or in person. 

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Utah Car Accident Law

Common Injuries in Private Property Car Accidents

Because car accidents on private property tend to occur at a slower speed, some people assume that these accidents don’t cause major injuries. Whether the accident occurs on a narrow lane or in a parking garage, it can still cause injuries and medical issues that need treatment. After all, the human body is vulnerable to various forces and impacts, no matter the speed. Here are some of the most common injuries seen in private property car accidents: 

  • Whiplash: Probably the most well-known injury in a slow speed accident, whiplash happens when the head and neck are suddenly jolted forward and backward due to impact. This causes strain and sprain to the neck muscles and ligaments. Symptoms include neck pain, stiffness, headaches, and difficulty in neck movement. 
  • Soft tissue injuries: Soft tissue injuries, such as sprains, strains, and bruises, are common in private property car accidents. These injuries affect muscles, tendons, and ligaments and can lead to pain, swelling, and a limited range of motion. Ankles, wrists, and shoulders are particularly susceptible to soft tissue injuries.
  • Concussions: While less common in accidents on private property, head injuries can still occur, especially if the head strikes a hard surface like the windshield. Concussions can result in symptoms like headaches, dizziness, confusion, memory problems, and nausea. 
  • Back injuries: In slow-speed accidents on private property, the impact may be absorbed by the vehicle’s seat, reducing the likelihood of severe spinal injuries. However, back sprains, strains, and herniated discs can still occur, leading to back pain, numbness, or tingling in the extremities. 

Whether you notice your injury right away or not, it’s always best to seek medical treatment after a car accident on private property. This will help you in your healing as well as help protect you legally. Some places limit the amount of compensation you might receive if you don’t see a doctor in a timely manner. 

How Is Private Property Different? 

While it might seem like private property car accidents should be the same as those that occur on public roads, there are some major differences. In the case of a private property car accident, the property owner may be pulled into the case, especially if the condition of the property contributed to the accident. 

Another issue to consider is how the rules on private property differ from the rules of the road. Still, drivers are legally required to do their best to drive safely. If the garage has a speed limit of 15 mph but you were going 20 mph, that might affect whether you’re eligible for compensation. Other property owners require a permit or liability waiver to drive on their property. These will impact your case. 

Car Damaged on Private Property

If your car is damaged on private property, whether it was a residential driveway or parking lot, it can be both frustrating and inconvenient. The first thing you should do is prioritize your safety and the safety of those involved. If there are any immediate dangers or potential for further collisions, move to a safe location and alert others in the vicinity. 

Whether it’s a fender bender or more serious damage, make sure to take detailed photographs or videos of the damage. Collect the information of the parties involved, as well as contact information of witnesses. Report the incident to the property owner as soon as possible and give them a clear account of what happened. 

Contact your insurance company and review your policy to understand the coverage you have for accidents on private property. Some policies have specific provisions or limitations. If you believe the property owner’s negligence was at fault, you’ll want to contact an attorney as soon as possible. They can assess the circumstances and advise you on potential legal action. 

Private Property Car Accident Laws

In private property car accidents, there are a few Utah laws that will affect the outcome of your compensation. First of all, the private property owner may be held liable if negligence can be proved. This is different than in an accident on public roads, where the government typically cannot be held liable. 

Some other Utah laws to be aware of include:

  • Statute of limitations: As with all kinds of personal injury lawsuits, you have four years to file a lawsuit for a car accident on private property. 
  • No-fault state: Utah is a no-fault state. This means that anyone involved in a car accident must submit a claim to their own personal injury protection (PIP) first. Only if your injuries are significant can you file a third-party liability claim. 
  • Comparative negligence: The state of Utah uses comparative negligence to determine liability. This means that you can only be compensated if you are less than 50% at fault for the accident. 

Car Accident on Private Property with No Insurance

What happens if you get in a car accident on private property with no insurance? If you’re the one at fault and you have no insurance, you will have to pay for your expenses out of pocket. If the other driver was at fault and had no insurance, you could file a lawsuit against them for your medical bills and expenses if the injuries are substantial. Utah requires PIP insurance, and if you don’t have coverage, you may also face legal consequences, which can include license suspension, fines, jail time, or having your vehicle impounded. 

Is the Property Owner Liable? 

Not necessarily. However, private property owners have certain responsibilities when it comes to maintaining a safe environment for visitors and tenants. If an accident occurs due to hazards on the property, such as narrow roads, tight corners, inadequate lighting, potholes, or obstacles, the property owner may be held partially or fully responsible for the accident. In these cases, a car accident attorney can help you prove your liability. In other cases, the fault is simply between the two drivers with no involvement from the property owner. An experienced lawyer can help you make your case and determine liability. 

Is Utah A No Fault State?

How to Determine Liability

Determining liability in a car accident on private property can be more complex. On public roads, there are established traffic laws that help determine fault. However, on private property, liability is often determined based on negligence and the specific circumstances of the accident. Insurance coverage may also vary, as some policies may not extend coverage to accidents that occur on private property.  An experienced attorney can help you identify who is likely liable and help you prove your case. 

What to Do After an Accident on Private Property

For the most part, you should take the same steps following an accident on private property as you would on public property. Here’s what to do after a car accident on private property: 

  1. Call the police and report the accident. It’s important to have the police document the accident. 
  2. Exchange information with the other driver. 
  3. Document the accident thoroughly, including the property surrounding the accident.
  4. Contact the property owner. In an accident on public property, this step isn’t necessary. However, even if the property owner is not at fault, it can be useful to communicate with them. They may even have security camera footage of the accident that can help your case. 
  5. Seek medical help as soon as possible. Document your injuries and keep all records. 
  6. Contact an experienced attorney. They will listen to your account and be able to advise you in all steps of the case.  

How an Attorney Can Help You

Every car accident on private property is unique, and comes with additional legal complexities. A personal injury attorney is there for you and can help you in the following ways: 

  • Investigate the accident, specific rules of the private property, as well as potential negligence by the owner. 
  • Gather evidence for your case. Collect and keep track of police reports and all medical documents. 
  • Negotiate with the insurance. 
  • Take your case to trial, if necessary. 
  • Advise you on your rights as well as steps you should take for the best outcome. 
  • Identify the potentially liable party and help you prove fault. 

Hit and Run Private Property

Hit-and-run accidents on private property are a little bit different than those on public roads. As anywhere else, a hit and run on private property that involves a death or serious injury is a major crime and 911 should be called right away. However, in the case of a minor accident where no one is injured, the police may not come to the scene of the accident. Security camera footage from your house or property may help you catch the perpetrator even if the police do not come. If your car sustains damage after a hit and run on your private property, it’s always a good idea to speak with an attorney before you call the insurance company. 

Private Parking Lot Accident 

Many accidents in private parking lots involve one car that is parked and one car that is moving. In that case, the driver is usually at fault. But some private parking lot accidents are not nearly as clear cut. Whether it’s two cars trying to occupy the same space or a car backing out into moving traffic, determining fault can be challenging. Since most parking lots are privately owned, they don’t have the same laws as public roadways. However, all drivers have a duty of care to drive carefully through the parking lot. If someone is speeding or not paying attention, they may be held liable for the accident.  

If you’ve been injured in a car accident on private property, Harris, Preston, and Chambers are here to help. We’ll take on the work of investigating the accident and building a case so you have the best chance to get the compensation you deserve. 

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Utah Motorcycle Accident Law
Rear End Collision

Who is at Fault in a Rear-End Collision? 

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Rear-end collisions are one of the most common types of car accidents on the roads of Utah, as well as across the United States. When such an accident occurs, determining fault can be a complex and contentious process, as there are several factors that can contribute to the collision. While many people assume that the driver who hits the car in front of them is always at fault, this is not always the case.

In Utah, the law recognizes that fault in a rear-end collision is not always clear-cut and can depend on a variety of factors. In this blog post, we’ll explore who may be at fault in a rear-end collision in Utah and the factors that can influence the determination of fault. 

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Who is at Fault in a Rear-End Collision? 

In Utah, the driver who rear-ends another vehicle is often presumed to be at fault for the accident. This is because drivers are expected to maintain a safe following distance and be aware of their surroundings. However, this presumption can be rebutted if the driver in front acted negligently or violated a traffic law that contributed to the accident.

For example, if the driver in front suddenly slammed on their brakes without reason or did not have functioning brake lights, they may be partially or fully responsible for the accident. Additionally, if the driver who was rear-ended was driving under the influence or was texting while driving, they may also share some responsibility for the accident. Ultimately, fault in a rear-end collision in Utah will depend on the specific circumstances of the accident and the evidence presented.

It’s important to seek the advice of a knowledgeable attorney who can help navigate the complexities of Utah’s fault and negligence laws in order to determine who is responsible for the damages and injuries caused by the accident. 

If You Rear-End Someone, Is It Always Your Fault? 

In Utah, determining fault in a rear-end collision depends on the specific circumstances of the accident and the evidence presented. The law recognizes that there may be situations where the driver who rear-ended the other vehicle was not solely responsible for the accident. 

Below is a list of the most common reasons Utah drivers may hit the car in front of them: 

  • Distracted driving (e.g. using a cell phone, eating, or applying makeup)
  • Following too closely (tailgating) and not leaving enough room to stop in time 
  • Speeding or driving too fast for the conditions
  • Failing to notice changes in traffic flow or road conditions (e.g. a red light or sudden stop ahead) 
  • Driving under the influence of drugs or alcohol 
  • Mechanical failure or faulty brakes on the car 
  • Aggressive or reckless driving behaviors (e.g. weaving in and out of traffic) 
  • Fatigue or falling asleep at the wheel. 

It’s important to remember that each accident is unique and may have different contributing factors, so it’s always a good idea to exercise caution and stay alert while driving to avoid accidents. 

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What to do If You’re Involved in a Rear End Collision 

It’s important for both parties involved in a rear-end collision to gather as much evidence as possible to determine fault. This can include photos of the accident scene, witness statements, and police reports. It’s also crucial to seek the advice of an experienced attorney who can help navigate this uncharted territory with you. 

What if I Rear-Ended Someone Who Stopped Suddenly? 

If you rear-ended someone who stopped suddenly, it’s important to determine whether or not the driver who was hit had a reasonable cause for stopping abruptly. In Utah, if the driver who was hit made a sudden stop without reasonable cause, they may be considered at fault for the accident. For example, if the driver in front stopped suddenly to avoid hitting a pedestrian or animal, or to prevent colliding with another car that had cut them off, they may have had a reasonable cause for stopping abruptly. In this case, the driver who rear-ended the other car may be considered at fault for the accident.

However, if the driver who was hit stopped suddenly for no apparent reason, or made a sudden turn without using their turn signal, they may be considered at fault for the accident. In this scenario, the driver who rear-ended the other car may not be fully responsible for the damages and injuries caused by the accident. 

How An Accident Lawyer Can Help 

If you’ve been involved in a rear-end collision, it’s important to seek the advice of an experienced attorney who can walk you through every step of this complicated process. At Harris, Preston, and Chambers, we specialize in personal injury law and have years of experience helping clients who have been involved in rear-end collisions. We’re based in Logan, Utah but we serve all of Utah from St George to Provo, Salt Lake, and Ogden. We also serve Idaho and Wyoming if you live in one of those states and need help. 

Our experienced legal team can help you by gathering evidence to determine fault in the accident, negotiating with insurance companies, and advocating for your rights in court if necessary. We understand that a rear-end collision can be a stressful and overwhelming experience, and will work to provide our clients with compassionate and personalized legal representation. 

One of the benefits of working with us is that we have a team of experienced investigators who can conduct a thorough investigation into the accident. We will collect evidence such as witness statements, police reports, and photos of the accident scene to determine who is at fault for the accident. This evidence can then be used to negotiate with insurance companies to ensure that you receive the compensation you deserve. 

Additionally, if your case goes to court, our attorneys have the experience and knowledge necessary to advocate for your rights and ensure that you receive a fair outcome. Our team will work tirelessly to ensure that you receive compensation for your medical expenses, lost wages, and other damages resulting from the accident.

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Utah Seat Belt Laws

The Guide to Utah Seat Belt Laws: Are You Required to Wear it? 

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Utah has strict seat belt laws in place, requiring all drivers and passengers to wear seat belts while operating or riding in a motor vehicle. These laws were put in place to reduce the number of injuries and fatalities resulting from motor vehicle accidents. Despite this, there are still some who question whether or not they are required to wear a seat belt while driving in Utah. In this blog post, we will explore the Utah seat belt laws and clarify any confusion surrounding them. We will also discuss the potential consequences of not wearing a seat belt in Utah and why it is crucial to buckle up every time you get behind the wheel.

We’re experts in Utah seat belt laws, car accident settlements, and Utah personal injury law. Click the button below to request a free call. 

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Utah Car Accident Law

Why You Should Legally Wear a Seat Belt in Utah 

Wearing a seat belt is crucial for your safety while driving in Utah, or anywhere else for that matter. Seat belts are designed to keep drivers and passengers restrained in the event of an accident, and they are one of the most effective ways to prevent serious injury or death. 

In Utah, seat belt use is mandatory for all drivers and passengers, and failure to wear a seat belt can result in a fine. In addition to the legal requirement, there are many reasons why wearing a seat belt is important for your safety. 

  • For one, seat belts can help prevent ejection from the vehicle in the event of a crash. Being ejected from a vehicle greatly increases the risk of serious injury or death, and wearing a seat belt can keep you safely inside the vehicle. 
  • Seat belts also help to distribute the force of impact in a crash, reducing the risk of injury to your head, neck, and other vital areas of the body. They can also help prevent whiplash, which is a common injury in rear-end collisions. 
  • Additionally, wearing a seat belt can help protect others in the vehicle. Unrestrained passengers can become projectiles in a crash, endangering themselves and others in the car. By wearing a seat belt, you can help prevent this from happening and reduce the risk of injury to everyone in the vehicle. 

Legal and Non-Legal Consequences of Not Wearing a Seat Belt 

The legal consequences of not wearing a seatbelt in Utah can be quite severe. Utah law enforcement officers are authorized to pull over and ticket drivers or passengers who are not wearing a seat belt. A driver can also be pulled over for having passengers in their vehicle who are not properly restrained. The fine for not wearing a seat belt in Utah can vary, but the minimum fine for a first offense is $45.00, and it can increase for subsequent offenses.

In addition to legal consequences, not wearing a seat belt can have severe non-legal consequences. The most significant non-legal consequence is an increased risk of injury or death in the event of a motor vehicle accident. The Utah Department of Public Safety reported that in 2020, nearly 50% of people killed in motor vehicle accidents were not wearing seat belts.

Wearing a seat belt significantly reduces the risk of serious injury or death in a car accident. Another non-legal consequence of not wearing a seat belt is the impact it can have on insurance claims. If a person is injured in a car accident, and it is found that they were not wearing a seat belt, it can significantly impact their ability to receive compensation for their injuries. Insurance companies can argue that the injuries sustained were the result of the person not wearing a seatbelt and therefore not the fault of the other driver or their insurance company. This can result in a reduced settlement or no settlement at all. 

Can You Be Pulled Over For Not Wearing a Seat Belt in Utah? 

Yes, you can be pulled over for not wearing a seat belt in Utah. Utah has strict seat belt laws in place that require all drivers and passengers to wear seat belts while operating or riding in a motor vehicle. Law enforcement officers are authorized to pull over and ticket drivers or passengers who are not wearing a seatbelt. A driver can also be pulled over for having passengers in their vehicle who are not properly restrained. 

Utah’s seat belt laws apply to all drivers and passengers, regardless of age or seating position in the vehicle. It is also important to note that the laws apply to both front and back seats. This means that everyone in the vehicle must be properly restrained at all times, regardless of where they are sitting. 

Is Utah A No Fault Car Insurance State?

Utah Car Seat Laws and Penalties 

Utah car seat laws are designed to protect children and ensure their safety. The laws set specific guidelines for the use of car seats and booster seats based on a child’s age, weight, and height. Parents and caregivers who fail to comply with these laws may face penalties and fines. 

Here is a list of Utah car seat laws and penalties: 

  1. Infants and toddlers up to age two must be secured in a rear-facing car seat. Failure to comply with this law can result in a fine of up to $45.00. 
  2. Children ages two to four must be secured in a forward-facing car seat with a harness. Failure to comply with this law can result in a fine of up to $45.00. 
  3. Children ages five to seven must be secured in a booster seat. Failure to comply with this law can result in a fine of up to $45.00.
  4. Children ages eight to 15 must wear a seat belt while riding in a motor vehicle. Failure to comply with this law can result in a fine of up to $45.00. 5. Children under 13 years of age must ride in the back seat of a vehicle if it is equipped with a back seat. Failure to comply with this law can result in a fine of up to $45.00. 

It is important to note that these laws apply to all motor vehicles, including cars, trucks, and SUVs. Additionally, the laws require parents and caregivers to use car seats and booster seats that meet specific safety standards. Penalties for violating Utah’s car seat laws can range from fines to points on a person’s driver’s license. In addition to the financial and legal consequences, failing to properly secure a child in a car seat or booster seat can also result in serious injury or death in the event of a car accident. 

When Can a Child Sit in the Front Seat in Utah? 

In Utah, children under the age of 13 are generally required to ride in the back seat of a vehicle, if one is available. This is because the back seat is generally considered to be safer for children than the front seat. However, there are some exceptions to this rule. 

According to Utah law, a child may ride in the front seat of a vehicle if:

1. The child is at least nine years old; or

2. The child weighs at least 85 pounds; or

3. The child is at least 4 feet 9 inches tall. 

These requirements are based on the child’s size, rather than their age, which means that some children who are younger than nine years old may still be able to ride in the front seat if they meet the weight or height requirements. It is important to note that while these are the minimum requirements for a child to ride in the front seat, it is still recommended that children continue to ride in the back seat until they are at least 13 years old. 

Additionally, it is always important to use appropriate safety measures, such as seat belts and car seats, regardless of where a child is sitting in the vehicle. Parents and caregivers should also ensure that the airbag system in the vehicle is functioning properly and, if possible, turn off the passenger-side airbag if a child is riding in the front seat. 

What to Do If You’ve Been in an Accident Without a Seat Belt 

If you have been in a car accident in Utah and were not wearing a seat belt, there are a few important steps you should take. The first and most important step is to seek medical attention immediately. Even if you feel fine or only have minor injuries, it’s vital to get checked out by a medical professional to ensure that you do not have any internal injuries or other issues that may not be immediately apparent. 

After seeking medical attention, you should also contact your insurance company and report the accident. Depending on the circumstances of the accident, you may also need to file a police report. If you were not at fault for the accident, it may be possible to pursue compensation for your injuries and damages from the other driver’s insurance company. 

It is also important to be aware that if you were not wearing a seat belt at the time of the accident, you may be considered partially at fault for your injuries. In Utah, if a person’s failure to wear a seat belt contributes to their injuries in a car accident, their compensation for damages may be reduced by up to 45%. This means that even if you were not primarily at fault for the accident, you may still receive less compensation for your injuries and damages if you were not wearing a seatbelt. 

Finally, it is important to take steps to prevent future accidents by always wearing a seat belt while driving or riding in a motor vehicle. Wearing a seat belt is one of the most effective ways to reduce the risk of serious injury or death in a car accident, and it is required by law in Utah for a reason. By taking responsibility for your own safety and wearing a seat belt, you can help prevent future accidents and protect yourself in the event of a collision. 

How a Utah Car Accident Attorney Can Help You

If you’ve been in a car accident without wearing a seatbelt in Utah, it’s important to seek the help of a qualified car accident attorney. An attorney can help you understand your legal options, gather evidence to support your case, and negotiate with insurance companies on your behalf. With the guidance of a skilled attorney, you may be able to recover compensation for your injuries, medical expenses, lost wages, and other damages resulting from the accident.

Additionally, an attorney can help hold negligent drivers accountable for their actions, potentially preventing similar accidents from occurring in the future. Our attorneys are experts in car accident laws in Utah and can help you virtually anywhere in the state. We’re based in Logan but we serve the entire state of Utah including Ogden, Salt Lake City, Provo, and down to St George. 

*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.

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Who Is At Fault In A Rear End Collision?
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