Utah Law – Safe Lane Travel

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Utah Law – Safe Lane Travel

Law Regarding Passing and Overtaking on the Road

A vehicle must always be driven on the right side of the road, except when overtaking or passing another vehicle, or when a hazard or obstruction makes in necessary drive to the left to avoid it safely. Additionally, a vehicle may drive on both sides of the road if the road is marked for one-way traffic. Drivers must always yield the right of way to all vehicles traveling in the correct direction in their lane.

Vehicles traveling in opposite directions must pass each other to the right. On roads where there is only one lane of traffic in each direction, drivers shall give vehicles going the opposite direction at least half of the width of the road.

Vehicles must not pass or drive on the left side of the road:

  • When coming upon a curve in a road where the view is obstructed and it may cause danger for a driver coming in the opposite direction.
  • Within 100 feet of any intersection or railroad crossing
  • When approaching a bridge or tunnel that may also obstruct the view for drivers in either direction.

These rules do not apply to one-way roads or a driver turning left on a private road or driveway.

When driving on a divided highway, a driver must use the roadway to the right of the median, unless directed by a traffic control device or sign.

Driving Left of Center Common Law Negligence

A vehicle must not be driven over or across any painted line or otherwise divided portion of a highway. If the line or barrier is visible to a reasonably observant person, and crossed, the case would result in negligence on the part of the driver.

There is a presumption of a strong indication of negligence if the center line is crossed by a driver into oncoming traffic. If a driver crosses the center line, this action is in fact classified as the strongest kind of negligence, and a explanation from the driver is called for. However, this action does not always mean that a law has been broken. If a driver crosses the center line while exercising care, the presumption of negligence is negated as soon as reasonable explanation is offered in court.

Right to Assume that Other Vehicles Will Not Cross the Center Line

Any driver operating a vehicle on the proper side of the road has the right to assume that other drivers will not cross the centerline into his lane of traffic. This is the right to assume that other drivers will be lawful drivers as well. In the case that a vehicle does cross the center line and is in close enough distance to cause danger, a driver must no longer rely on that assumption and must use extra care to avoid accident or peril.

Duty of Driver When Another Driver Crosses Center Line/ Sudden Peril Rule

If a driver of a vehicle has crossed the centerline, the approaching driver on the right side of the road is responsible to use care and take evasive action to avoid a collision. But in such a case, the driver on the right side of the road is allowed by the court to use the “sudden peril rule, “ when the vehicle crossing the centerline has done so suddenly and created an emergency.

Definition of Center of the Road

Drivers should, in general, allow at least half of the traveled roadway to oncoming traffic. This rule refers to the condition of the road at the time of the accident, when applicable in court. If a flooded area or other obstruction narrows the road, the court will consider the condition and width of the road at the time of any incident. It the responsibility of both drivers in such conditions to allow the other driver half of the usable road.

Backing of Vehicle Across the Center Line

The rules regarding vehicles keeping to the right side of the road do not apply to vehicles backing up, when backing is done safely.

Backing of Vehicles

Statutory Law

The driver of a motor vehicle must not back up a vehicle unless he or she can do so with complete safety and without interfering with the movement of other traffic.

Standard of Care

A driver backing a vehicle should use the same amount of care that would be used by a reasonable person in the same situation, meaning they would keep a lookout for any vehicles or pedestrians, make sure the area is clear, and give any necessary warning.

Utah Road Construction Laws

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Utah Road Construction Laws

Duties of Drivers with Respect to Highway Maintenance Workers and Vehicles

A driver of a vehicle must give the right-of-way to a vehicle or pedestrian that is authorized for and engaged in highway construction or maintenance on the road.  Construction or maintenance areas should be marked by signs and traffic control devices. A construction vehicle should be marked as such and designated with lights for safety and visibility.

A driver on the road approaching a maintenance vehicle that is flashing yellow or amber lights should slow down and provide as much space as is possible and safe for the maintenance vehicle. In all cases however, the maintenance vehicle has the responsibility to drive with regard to safety of all other vehicles and people on the road.

A person or driver must not willfully refuse to follow any direction of a worker/flagger at a highway construction area that is designated to control the flow of traffic.

Duties of Contractors

If there is a hazard on a public highway, created by construction, the contractor must place barricades, lights, and signs to warn drivers on the road. There is no hard and fast rule about sufficient warning, but the contractor is simply required to make “ample and timely warning.”  There is no liability for the contractor for any damage that results to a vehicle that runs into construction or into a warning sign that was clearly visible.

In the case that a contractor must detour traffic from one road onto another, the contractor is not responsible for any damages caused from defects in the road used for the detour. Any road open for the public is presumed to be safe and may be used.

Laws Regarding Animals on Roadway

Any transportation by animal is subject to the same traffic codes as other vehicles. A person riding an animal in the road or riding in a cart or carriage pulled by any animal must follow Utah traffic code.

Livestock

Livestock must use a livestock road instead of a public road, as long as it is available and can be used without any undue inconvenience.

Any person in control of any livestock cannot allow “livestock to stray or remain unaccompanied on a highway, if both sides of the highway are separated from adjoining property by a fence, wall, hedge, etc.”  This does not prohibit livestock drifting onto a highway while moving from or to accustomed ranges.

Livestock must not be herded on a public road during the period half an hour after sunset to half an hour before sunrise, unless there are plenty of herders with warning lights for traffic, to allow the passage of vehicles on the open road.

Presumption of Negligence

There is no presumption of negligence on the owner of the livestock in civil action cases involving accidents with animals on the highway. The burden is on the plaintiff to show acts of negligence on the part of the defendant, or owner of the livestock.

Utah Bicycle Laws

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Utah Bicycle Laws

Parent Duty with Respect to Child Bicyclist

A parent or legal guardian must not knowingly allow any child to break any provisions of the traffic code pertaining to bicycles on the road.

Motor Vehicle Rules Applicable to Bicycles

A rider of a bicycle must follow the same laws and codes applicable to operators of motor vehicles, and has the same rights on the roadway as well. A bike rider must ride in the same direction as moving traffic. Bike riders may not ride more than two people wide, unless they are on a path or part of a road reserved for just bicycles.

All riders of bicycles must not interfere with the motion of traffic, and must ride in a single line.  If riding on a designated path adjoining the public roadway, the bike rider must follow all traffic-control devices and directions.

Bicycle Passengers/Other Vehicles Attached to Bicycle

  • Passengers

A bicycle cannot carry more persons at a time than it is designed to.  But an adult may carry a child that is securely fastened to the rider in a backpack or sling.

  • Other Vehicles Attached to a Bicycle

A bike rider may not attach any other person or vehicle to the bicycle for transportation on a public road, except for a trailer that is designed for attachment to the bicycle.

Duty of  Bicyclist to Operate on Right-Hand Edge of Road

A person riding a bicycle on a public road at less than the speed of traffic should ride as near as possible to the right-hand edge of the road except when:

  • Passing a bicycle or other vehicles going in the same direction
  • Preparing to turn left at an intersection or onto another road or driveway
  • Riding through an intersection that has a right-turn-only lane.
  • Necessary to avoid safety hazards, stationary objects, parked vehicles, pedestrians, etc.

Duty of Bicyclist Regarding Sidewalks and Pedestrians

A rider of a bicycle must:

  • Yield the right of way to pedestrians
  • Give an audible warning before passing a pedestrian

A rider of a bicycle must not operate it in a way so as to perhaps collide with pedestrian, or another person on a bicycle.

A rider of a bicycle must not operate at a speeder greater than is safe and reasonable in current conditions.

Turn Signals Required of Bicycle Operators

A bicycle rider must not turn or change lanes without checking that the way is clear and making the appropriate signal. The signal must be made for at least 3 seconds immediately before beginning the turn.

A bicycle rider must not stop or decrease speed suddenly without giving the correct signal to the rear.

Bicycle Cargo, Handlebars, Sirens, Whistles, and Brakes

A bicycle rider should keep at least one hand on the handlebars of the bike at all times. He or she is not permitted to carry any object in their hands that inhibits the ability to use both hands to operate the bicycle when needed.

A bicycle must not use a siren or whistle. It must be equipped with brakes that allow it to stop in 25 feet when riding at a speed of 10 mph in dry, level conditions.

Bicycle Lamps and Reflective Material

A bicycle must be equipped with the following: a white light on the front of the bicycle that can be seen from 500 feet, a red reflector or tail light on the back of the bicycle that is visible from 500 feet to the back, and other reflective material on each side of the bicycle to be seen from each side at a distance of 500 feet.

Bicycle Racing

Racing of bicycles is not allowed on highways, but there may be exceptions when allowed by state or local government. Approval might be granted in cases where safety for all vehicles is ensured.  In these cases, race participants may be exempted from some traffic rules.

Parking of Bicycles

A bike rider may park a bicycle on a sidewalk anywhere unless marked as prohibited. The parked bicycle must not prevent or impede normal sidewalk traffic.  A bicycle may also be parked on a road or other marked and designated area where other bicycles are parked.

Common Law Rights and Duties of Bicycle Operators

It is not a matter of law that a bicycle rider is required to be especially cautious, above and beyond a driver of a motor vehicle.  A bike rider simply has equal rights on the roadway. But if the rider moves to the wrong side of the road, he or she loses some of those rights.  The rider should travel as close as possible to the right-hand edge of the road in almost all cases.

Duty of Motor Vehicle Drivers to Child Bicyclist

All drivers of motor vehicles should keep in mind that a child riding a bicycle cannot be expected to use the same care and knowledge as an adult operating a bicycle.  Care should be taken when operating a motor vehicle near a child bicyclist.

Utah Traffic Laws

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Utah Traffic Laws

Audible Warning (Duty to Sound Horn) 

Statutory Law

The driver of a vehicle must give audible warning with the horn of the vehicle when necessary to insure safe operation.

The driver of a motor vehicle must drive as far to the right-hand edge of the roadway when driving in canyons or mountain highways, and give an audible warning with the horn when approaching a curve with no visibility for at least 200 feet of the road.

Negligence and Failure to Sound Horn

Although each driver has the duty to give warning of one’s vehicles with a horn when such warning should be given, failure to do so doesn’t necessarily constitute negligence if there is no certain necessity for the warning to be given. Also, the failure to use the horn as a warning must be the cause of the accident for the plaintiff.

There is no particular specification of when the horn should be used. But, the driver is required to exercise due care and judgment.

 

Brake Failure

Liability for Brake Failure

A driver of a motor vehicle is not responsible for any damage caused by failure of brakes if the defect could not be discovered with regular reasonable care of the vehicle. If the driver knew about the defect and took no action to repair or remedy the faulty brakes, he is at fault for damages.

Operator’s Duty Upon Brake Failure

If there is a break failure, and the driver has no liability because of lack of knowledge, the driver is still responsible to do all that is reasonable to avoid an accident and consequential damages. These precautions might include swerving to  avoid objects or vehicles, using the emergency brake, or using the horn to give audible warning as necessary.

 

Coasting of Vehicles

The driver of any motor vehicle must not coast with the vehicle in neutral. A truck or bus driver, when driving on a downgrade area, must not coast with the clutch disengaged.

 

Common Carriers

A “common carrier” is a person that works in the business of transporting passengers or freight.  Common carrier does not mean “carpooling,” “ridesharing,” or transporting another person or people to or from a common place of employment (fewer than 6 passengers).

Standard of Care

A common carrier driver is responsible to use a higher level of care when operating a vehicle in order to protect the safety of the passengers. This includes drivers of taxis, buses, trains, and other public transit. This responsibility is described as “utmost care” or the “highest degree of care.” The driver is responsible for even the slightest neglect that causes damage. However, if there is an accident, the common carrier does not insure the passengers, but there is an implication in the case of an accident that utmost care has not been executed.

Question: How Does an Attorney Settle My Case?

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Question: How Does an Attorney Settle My Case?

St. George Attorney Answer:

After all of the research for your case has been completed, your St. George attorney will keep in touch with you to track the progress of your healing and recovery from your injury.  In most cases your injury will heal quickly and it will be time to settle your case before you know it. Your St. George attorney will send a large packet of information to the at-fault driver’s insurance carrier. This package will contain a letter in which a specific monetary amount is demanded.

This letter of demand from your lawyer outlines the important highlights of your case. It is a formal request to start settlement with the insurance company. After the claims adjustor at the insurance company receives the letter of demand, there will be meeting at the insurance company with the adjustor and the right supervisor with authority to make decisions about your settlement.  After the insurance company has come to the figure that they have agreed to as the “authority figure,” for the settlement range, the adjustor will respond to your St. George attorney. This contact will begin negotiations between the adjustor and your lawyer to reach an agreeable settlement for both parties.

Your case may be able to be resolve over phone conferences and digital correspondence between your lawyer and the insurance company. The time it takes to negotiate and complete the settlement depends on several factors. These factors could include the type of insurance company, and how many claims the adjustor is managing, among other factors.

Does the At-Fault Insurance Just Pay Whatever Amount My Attorney Asks For?

No. Boy would that make life easy. The more the attorney can use Utah law to strengthen your case, the more the insurance adjuster will be willing to pay to get you to go away. Most of the time, the demand figure that your lawyer sends to the insurance company in the initial settlement request letter is higher than the settlement range agreed to by the insurance company. This leaves room for negotiation for both parties, and it very common for personal injury law.

Your lawyer’s expertise in this area of negotiating these cases will allow for a great deal of room to negotiate. Do not expect your actual settlement amount to exactly match the demand figure. It will end up lower than the initial demand figure.

Once the Demand is Made, How Long should it Take?

In general, it takes a few weeks to a few months or sometimes more to settle a case after the initial letter of demand is sent. In simple cases where the damages are not major, the case settlement process can happen in a month or two after the demand letter. But every case is different, and your attorney will help you know what to expect.   The time it takes to settle could be affected by:

  • The number of files the claim’s adjustor is handling.
  • Whether or not the claim has been well-documented and prepared
  • How clear-cut is liablity?
  • Whether or not there is any culpability on your part
  • Was anyone else hurt?
  • The internal claims process of the insurance company involved. This includes the number of supervisors required for approval of the offer.
  • How agreeable your attorney’s demand figure is.
  • The time of year, if your adjuster is swamped, it may take awhile.
  • The state of the economy in relation to your claim.
  • Could anyone else be responsible for your injuries?

So if they will low-ball me, why not lead with an enormous demand amount?

If you don’t have interest in settling, go ahead and do just that. Think about it this way, if someone came to you and wanted to buy your car. You thought it was worth about $30,000 but the buyer led with an offer of only $1,000, would you even bother to counter offer, or would you look elsewhere?

People commonly believe that the lawyer for the injured party should request a very high figure initially, since the carrier will respond with a lower figure in negotiations. This tactic doesn’t work. If the demand figure is ridiculously high in comparison to the evidence, the insurance companies will not even respond.

Asking for a high demand figure will just delay the process, and sometimes make the insurance carrier refuse to negotiate at all with your attorney. Your St. George attorney will use his expertise to make a reasonable demand for you.  Because he is familiar with settlement negotiations for personal injury claims, he will have the best strategy for the amount of the demand figure.

After the insurance company and my attorney agree upon settlement, how long will it take to get my money?

After an agreement has been reached between your attorney and the insurance carrier, the settlement process will take about two to six weeks. This is the average amount of time to sign all the documents, get the check, and make dispersements to all appropriate parties involved.  There are sometimes exceptions, but the process usually takes about a month.

Doe Anything Else Need to be Done Before I see the Money in my Hand?

There are a few steps here:

The insurance company is paying you this sum of money in exchange for your giving up your right to sue for the accident. Before any money changes hands, they will require you and your spouse to sign a release of liability and return it. They want to make sure all their I’s are dotted and their T’s are crossed before they pay you anything at all. Read the release carefully. You cannot accept their money, and then sue them for the same accident down the road.

  • Your attorney will need to make payment for any medical bills that have not yet been paid in full, and also reimburse any health insurance company that has covered medical expenses for your injury.
  • After all the bills are paid, all that remains is your attorneys costs and fees. At McMullin Injury Law, we keep costs as minimal as possible. We don’t charge you for office supplies, time, etc. To us, costs are things that require us to write a check to someone else specifically in the pursuit of your case. Once costs are reimbursed, attorney fees are taken out, and the rest is turned over to the client.

After all of the other fees (attorneys’ fees, medical bills, liens, other costs) will there be anything left for me?

At McMullin Injury Law, our ultimate goal is to maximize your recovery. We will do whatever is necessary to ensure that the client comes away as the winner. We won’t take a case unless we add value. If you don’t need an attorney, we will tell you that up front. We are able to achieve results for our clients that they would not be able to achieve on their own.

It is important to keep in mind that law allows compensation for your injury—which is compensation for lost income, medical expenses, and an amount for pain and suffering.  The law does not allow for any injured parties to “get wealthy” from personal injury claims, especially small claims.  Your St. George attorney will do the very best for you to make sure you are fairly compensated and get what you deserve.