Blog Layout

Crash Legal Analysis “Woman injured in crash reunited with off-duty nurse who stopped to help her”

Jared Bingham • August 13, 2024

KSL News reported on a near life threatening motorcycle accident that happened on June 29, 2024, near Ogden, Utah. While the focus of the article was the heartwarming and wonderful story about the victim being reunited with the off-duty nurse who stepped in to help save her life, the article also tells us how the driver of a motorcycle had to swerve to avoid what seemed to be a reckless driver resulting in a tragic injury for his daughter who was the passenger of the motorcycle. We wish the victim and her family well and hope the recovery continues to go well. See, https://ksltv.com/670405/woman-injured-in-crash-reunited-with-off-duty-nurse-who-stopped-to-help-her/

While liability seem clear in this accident, there are a few common pitfalls that motorcycle riders should keep in mind to make sure they have the best protection possible if the worst happens and they are the victim of a similar negligent driver who pulls out in front of them.

Riding a motorcycle offers an unmatched sense of freedom and adventure, especially in the state of Utah with its beautiful canyons and endless roads. However, along with the thrill of riding comes the responsibility of ensuring you’re adequately protected. Accidents involving a motorcycle almost always result in serious bodily injury, or death. Motorcycle insurance is not just a legal requirement in Utah, it’s a critical safety net that can protect you financially in the event of an accident. As personal injury attorneys, we want to help riders understand the complexity of motorcycle insurance in Utah so they can make informed decisions and stay safe on the road.

Motorcycle Insurance Requirements in Utah

Utah law requires all motorcyclists to carry a minimum amount of liability insurance. This coverage is essential for protecting other drivers, passengers, and property if you are found at fault in an accident. The minimum liability coverage requirements in Utah are:

$25,000 for bodily injury per person: This covers medical expenses and other costs if one person is injured in an accident.
$65,000 for bodily injury per accident: This covers medical expenses and other costs if multiple people are injured in an accident.
$15,000 for property damage: This covers damage to another person's property, such as a vehicle, building, or other objects.

While these are the minimum requirements, they may not be sufficient to cover all expenses in the event of a serious accident. Many riders choose to carry higher limits or additional coverage to protect themselves fully since you cannot count on other drivers to carry more than the $25,000 minimum in bodily injury coverage.

Optional Coverage to Consider

While liability insurance is the only coverage required by law, there are several other types of coverage that Utah motorcyclists should consider to protect themselves more comprehensively:

Uninsured/Underinsured Motorist Coverage (UM/UIM):

This coverage protects you if you’re involved in an accident with a driver who either doesn’t have insurance or doesn’t have enough insurance to cover your damages. Even though it is not required, it is highly recommended to take the extra step to get UM/UIM. Unfortunately there are a lot of people on the road who are either underinsured or don’t have insurance and the last thing you want is to be stuck with bills you can’t afford. And, we have had cases where our clients have decided to waive UM/UIM coverage with their agent. We strongly advise that motorcycle owners NOT waive this essential coverage!

Personal Injury Protection (PIP):

Utah is a no-fault state, which means that your insurance should cover your medical expenses regardless of who is at fault in an accident. PIP gives you a minimum of $3,000 to go towards expenses you might have after an accident. However, unlike other motor vehicles, motorcycles are not required to have PIP coverage. Riders can opt-in for PIP, which covers medical expenses, lost wages, and other related costs. As with UM/UIM coverage, we strongly advise motorcycle owners to NOT waive their PIP coverage!

Collision Coverage:

Collision coverage pays for damage to your motorcycle resulting from a collision with another vehicle or object, regardless of who is at fault. This coverage is particularly valuable if your motorcycle is new or has a high market value.

Comprehensive Coverage:

Comprehensive coverage protects against non-collision-related damage, such as theft, vandalism, fire, or natural disasters. For those who store their bikes outside or in areas prone to extreme weather, comprehensive coverage is a smart investment.

Medical Payments Coverage:

Medical payments coverage, or MedPay, covers medical expenses for you and your passengers regardless of fault. This coverage can be an important supplement to health insurance, particularly in covering co-pays and deductibles. However, as long as you have good health insurance, MedPay may not be as important for motorcycle owners.

Accessory Coverage:

Motorcycles often come with custom parts and accessories that can be expensive to replace. Accessory coverage helps protect these items, including custom paint jobs, saddlebags, and upgraded parts, in the event of an accident or theft.

What to Do After a Motorcycle Accident in Utah

Even with comprehensive insurance coverage, the aftermath of a motorcycle accident can be overwhelming. Here’s what you should do if you’re involved in a motorcycle accident in Utah:

Seek Medical Attention: Your health is the top priority. Even if you feel fine, it’s important to get checked out by a medical professional, as some injuries may not be immediately apparent.
Report the Accident: Call the police and report the accident. Ensure that an official report is filed, as this will be important for any insurance claims or legal action.
Gather Evidence: Take photos of the accident scene, including your motorcycle, any other vehicles involved, road conditions, and any visible injuries. Collect contact information from witnesses.
Contact Your Insurance Company: Notify your insurance company of the accident as soon as possible. Be honest and thorough in your report, but avoid admitting fault, as this can complicate your claim.
Consult a Personal Injury Attorney: If you’ve been injured in the accident, it’s advisable to consult with a personal injury attorney. They can help you navigate the claims process, negotiate with insurance companies, and ensure that you receive the compensation you deserve.

At JDB Law PLLC, we advocate for responsible coverage and are here to help

you understand and maximize your insurance benefits. If you have questions about your coverage or need assistance after an accident, contact us today for expert guidance and support.

< Older Post

Newer Post >

Do I Have A Slip And Fall Case?

By Jared Bingham • October 28, 2024

Do You Have a Case If You Slip and Fall on Someone’s Property? Here’s What Determines Liability If you’ve slipped and fallen on someone’s property , you may wonder whether you have a legal case. Not all falls lead to compensation, but under certain circumstances, property owners may be held responsible. Here’s what you need to know about premises liability and the key factors that determine whether you may have a viable case. Understanding Premises Liability Premises liability is a legal principle that holds property owners accountable for injuries that occur on their property due to unsafe or hazardous conditions. Under this principle, if you slip and fall because of a hazard that the property owner knew about (or should have known about) and failed to address, you may have grounds for a personal injury claim. Key Factors That Determine Whether You Have a Case Duty of Care Owed by the Property Owner Property owners have a legal obligation to maintain safe conditions for anyone lawfully on their property. The extent of this duty depends on the relationship between the owner and the visitor. For instance: Invitees (such as customers in a store) are owed the highest duty of care. Property owners must regularly inspect and repair any hazards. Licensees (like social guests) are owed a reasonable duty of care but not to the same extent as invitees. Trespassers typically are not owed any duty of care, although exceptions can exist, particularly if the trespasser is a child. Understanding whether you were an invitee, licensee, or trespasser can help clarify the property owner’s level of responsibility for your safety. Existence of a Dangerous Condition To have a case, there must be evidence of a hazardous condition on the property. Common hazards that can lead to slip-and-fall accidents include: Wet or slippery floors (from spills, rain, or leaks) Uneven or damaged flooring (such as loose tiles or torn carpets) Poor lighting that obscures hazards Cluttered walkways or obstructed paths Photos, witness testimony, and other documentation can support your claim if you can show the hazard was present and contributed to your fall. Property Owner’s Knowledge of the Hazard Simply slipping and falling isn’t enough to establish liability. You must show that the property owner knew (or reasonably should have known) about the hazardous condition and failed to fix it. Evidence of negligence can include: Previous complaints about the hazard from other visitors Surveillance footage showing how long the hazard was present Records of inspections or maintenance that may reveal a lack of upkeep The more proof you have of the property owner’s awareness of the hazard, the stronger your case may be. Whether You Exercised Reasonable Care Courts often consider whether you were acting reasonably at the time of your fall. For example, if you were running or using your phone while walking, a judge might find that you share some responsibility for the accident. In Utah and many other states, a legal concept called comparative negligence applies, meaning that your compensation could be reduced based on your level of fault. Injury Severity and Causation For a slip-and-fall claim to be successful, you must prove not only that a hazard caused your fall but also that the fall led to actual harm. Common injuries from slip-and-fall incidents include fractures, head injuries, sprains, and back injuries. Medical records are crucial here; they demonstrate the severity of your injuries and connect them to the fall. How a Personal Injury Lawyer Can Help Determining whether you have a viable slip-and-fall case can be complex, especially when it comes to gathering evidence and proving negligence. A personal injury lawyer can help by: Investigating the accident scene and gathering evidence Negotiating with insurance companies on your behalf Filing a claim within Utah’s statute of limitations Representing you in court if a fair settlement cannot be reached Conclusion Not every slip and fall incident results in a successful personal injury case. However, if the property owner failed to maintain a safe environment, knew about the hazard, and didn’t act, you might have a valid claim. Seeking advice from a skilled personal injury attorney can provide insight into your case’s potential, helping you understand your rights and next steps. If you have questions about a recent slip and fall, contact us for a free consultation to discuss your options.