Detailed Answer
Understanding Negligence in Utah
In Utah, negligence requires proof of four elements: duty, breach, causation and damages. See Utah Code Ann. §78B-3-103 (Definition of Negligence).
1. Duty of Care
Every driver must operate a vehicle safely and obey traffic laws. At traffic signals, Utah Code Ann. §41-6a-304 (Traffic-Control Signals) requires drivers to stop on red and proceed only on green when safe.
2. Breach of Duty
To show breach, you need evidence that the other motorist violated a law or drove unreasonably. Examples include running a red light, speeding through a yellow, or failing to yield when merging from an exit ramp. Utah Code Ann. §41-6a-705 (Entering or Leaving Controlled-Access Highways) outlines yield requirements when using deceleration lanes.
3. Causation
Causation means the breach directly led to the collision and your injuries. You must connect the driver’s unsafe act (e.g., red‐light violation) to the harm you suffered.
4. Damages
Document medical bills, vehicle repair estimates and other losses. Without measurable damages, you cannot recover compensation even if negligence is proven.
Key Types of Evidence
- Police Reports: Official crash reports record statements, diagrams and citations.
- Traffic Camera or Surveillance Footage: Video at intersections or nearby businesses can verify signal timing and fault.
- Skid Marks & Debris Patterns: Accident reconstruction experts analyze these to establish speed and point of impact.
- Photographs: Take clear photos of vehicles, road conditions, signal lights and skid marks immediately after the crash.
- Eyewitness Testimony: Statements from pedestrians, other motorists or passengers can confirm right-of-way violations.
- Expert Reconstruction: A qualified accident reconstructionist can create simulations showing how the collision occurred.
- Medical Records: Establish the nature and extent of your injuries to prove damages.
Disclaimer
This article provides general information on Utah law. It does not constitute legal advice. Consult a qualified attorney for advice specific to your situation.
Helpful Hints
- Secure evidence quickly. Video and eyewitness memories fade fast.
- Notify your insurer and obtain a copy of the police report.
- Schedule medical exams promptly, even if injuries seem minor.
- Keep a crash journal detailing pain, expenses and lost wages.
- Consider consulting an attorney experienced in Utah traffic collisions.