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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:
  1. 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! 
  1. 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!
  1. 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.
  1. 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.
  1. 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.
  1. 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:
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
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