In a Motorcycle Accident in Utah? Here Are Your Legal Rights

Attorney Matt Driggs

If you were injured in a Utah motorcycle accident, understanding your legal rights is vital for recovering the compensation you need through an auto insurance claim or personal injury lawsuit. A skilled motorcycle accident attorney can help you seek compensation for your medical expenses, lost wages, and other losses while you focus on recovering from your injuries.

Motorcycles and Lane Use Laws

In Utah, two primary lane use laws could play a role in your case. The first states that motorcycle riders are entitled to the full use of their lane. This means that other motorists cannot attempt to pass you within your lane, should check their blind spots before merging into your lane, and refrain from following too closely behind you in your lane. Motorists not respecting riders’ right to their lane is one of the leading causes of motorcycle accidents.

The second important law is the lane filtering law. In Utah, motorcycle riders can filter between lanes of traffic under certain circumstances:

  • The lanes must be for traffic traveling in the same direction.
  • The road’s speed limit must be 45 miles per hour or less.
  • You must travel 15 miles per hour or less.
  • The vehicles you are overtaking must be stopped.

Auto Insurance Claims for Motorcycle Riders

Motorcycle riders in Utah have several options when seeking compensation after an accident. The first option is to file a personal injury protection (PIP) claim. PIP coverage is a form of no-fault insurance. However, it is not required for motorcycle riders, so if you don’t have it, you’ll need to file a liability claim.

All motorists in Utah must have liability, uninsured motorist, and underinsured motorist coverage. If you don’t have PIP insurance for your motorcycle, you can still file a claim against the at-fault party’s liability coverage. The minimum amounts of coverage they must have are:

  • $25,000 per person for bodily injury
  • $65,000 per accident for bodily injury
  • $15,000 per accident for property damage

Compensation Available to Utah Motorcycle Riders

The compensation you can seek through an insurance claim or personal injury lawsuit after a motorcycle accident includes:

  • Medical Expenses – Compensation for past and future medical treatments, surgeries, medications, and therapy
  • Lost Wages – Compensation for the income you lost or will lose because of your injuries’ impact on your ability to work
  • Permanent Disability – Compensation for accommodating any permanent disability suffered in the accident
  • Pain and Suffering – Compensation for the physical pain and emotional suffering you experience because of your injuries

Non-economic damages like pain and suffering are not available through PIP claims.

Modified Comparative Negligence

Utah uses a modified form of comparative negligence to determine liability for damages after an accident. Under comparative negligence, a plaintiff cannot recover damages equal to their degree of fault. For example, if you were found to be 30 percent at fault, the other party would only be liable for 70 percent of your damages. Additionally, Utah’s modification to comparative negligence bars plaintiffs from recovering any damages if they are more than 50 percent at fault.

It’s crucial to understand how comparative negligence could impact your case. While Utah doesn’t require riders 21 and older to wear helmets, failing to do so could result in less compensation. Speeding, improper lane filtering, and other negligent riding practices could impact your case.

Final Thoughts on Utah Motorcycle Rider Rights

Various Utah laws protect motorcycle riders’ rights on the road, and riders have multiple options for seeking compensation for their injuries after an accident. However, the best way to protect your rights and recover the compensation you need is to work with a skilled motorcycle accident attorney who can handle your case while you focus on your recovery.

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