Can I Sue for Driving Too Fast for Conditions Injuries in Utah?

Driving too fast for conditions on the road increases the risk of serious accidents and injuries. If you suffered an injury in an accident caused by a driver driving too fast for the road conditions in Utah, can you sue?

In many cases, the answer is yes. Utah law allows accident victims to sue for injuries suffered in motor vehicle accidents under certain circumstances. Utah law also acknowledges that drivers should reduce their speed when road hazards and dangerous conditions are present.

What Are Hazardous Driving Conditions?

Hazardous driving conditions are situations that require drivers to be extra cautious, typically by reducing their speed. These conditions come in many forms, with some of the most common including:

• Construction Zones – When driving through construction zones, motorists must reduce their speed and be prepared to stop. Speeding through these zones puts roadside workers at risk.
• School Zones – Unlike construction zones, motorists must reduce their speed when driving through an active school zone. Children may run into traffic, so drivers should always proceed with caution.
• Adverse Weather – Weather events like rain and fog can create dangerous driving conditions, such as slippery roads and limited visibility.
• Congested Traffic – Driving too fast alongside slowed or stopped traffic can reduce a driver’s reaction time and prevent them from stopping if a car changes lanes.
• Blind Curves and Crests – Drivers should proceed with caution when going around blind curves or over blind crests. Hazards may be directly out of sight.
• Narrow and Winding Roads – When on narrow and winding roads, motorists should reduce their speed to prevent losing control or colliding with oncoming traffic.
• Intersections with Pedestrians – When going through an intersection where pedestrians are present, drivers should slow down.

What Does Utah Law Say About Driving in Hazardous Conditions?

Under Utah law, drivers must operate their vehicles at a speed that is “reasonable and prudent” given the current road, traffic, and weather conditions. The law doesn’t simply mean that drivers should obey the posted speed limits but that they should reduce their speed further when potential hazards are present.

If a driver fails to reduce their speed in hazardous conditions and causes an accident, they may be liable for resulting injuries or property damage. In your personal injury lawsuit against the driver, your attorney can point to this law to demonstrate that the driver acted negligently by not reducing their speed.

Suing for Bodily Injury After a Car Crash in Utah

In many cases, after an auto accident, rather than filing a lawsuit against the other driver, you’ll file an insurance claim with your personal injury protection (PIP) policy. Utah is a no-fault state for auto insurance, meaning that you file your insurance claim with your provider regardless of who’s at fault.

However, Utah law sets out a few exceptions under which you can file a personal injury lawsuit against the driver responsible for your injuries. These exceptions include:

• If the accident resulted in the death of a family member and you’re filing a wrongful death lawsuit
• If the accident resulted in dismemberment, permanent disability or impairment, permanent disfigurement, or a bone fracture
• If the accident resulted in more than $3,000 in medical expenses related to the injury

Even a relatively minor accident can lead to significant injuries like bone fractures or medical expenses exceeding $3,000. If you have to go to the hospital for your injuries after an accident, there’s a good chance that your medical expenses will be more than $3,000. Getting diagnostic tests like X-rays or an MRI can cost hundreds of dollars on their own, and then there’s the price of treatment on top of that.

Evidence Needed in a “Driving Too Fast for Conditions” Injury Case

To successfully recover compensation through a personal injury lawsuit after an accident caused by a driver going too fast for the road conditions, you need to prove the following key elements:

• There was a hazardous condition present
• The driver failed to reduce their speed in response to the hazardous condition
• The driver’s excessive speed and the hazardous condition caused the accident
• You suffered injuries resulting from the accident that led to more than $3,000 in medical expenses

To prove these elements, your attorney can assist you in gathering various types of evidence, including:

• Traffic or security camera footage that captured the accident or events directly before or after the accident
• Eyewitness statements that back up your version of events regarding the conditions and accident
• Accident scene photographs or videos that show the hazardous conditions and the aftermath of the collision
• Medical records documenting your injuries and treatments
• Financial records, including medical bills and income statements, that detail the financial impact of your injuries
• Expert witness testimony, including that from medical and financial professionals and crash reconstruction specialists

Compensation Available for Victims of Negligent Drivers

Through your personal injury lawsuit, you can seek compensation for your various losses caused by the accident. The amount of compensation available depends on the severity of your injuries, but some of the most common types of compensation include:

• Medical Expenses – Compensation for surgeries, hospital stays, medical treatments, prescription medications, and physical therapy.
• Lost Wages – Compensation for the income you lost or will lose due to your injury’s impact on your ability to work.
• Pain and Suffering – Compensation for your physical pain and emotional suffering related to your injuries.
• Scarring and Disfigurement – Compensation for permanent scarring and disfigurement caused by your injuries.
• Disability Accommodations – Compensation for accommodations for your injuries, such as installing a ramp to get into your home or a wheelchair lift for your vehicle.
• Property Damage – Compensation for repairing or replacing your damaged vehicle.

Contact a Utah Car Accident Attorney

If you suffered injuries resulting from a collision caused by a driver who was going too fast for the road conditions in Utah, you may be able to seek compensation through a personal injury lawsuit. Call London Harker Injury Law at 77CARCRASH or contact us online for a free consultation with one of our experienced Utah car accident attorneys to learn more about how our firm can help you seek the compensation you deserve.

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