WHAT LAWS APPLY TO BICYCLE ACCIDENTS ON UTAH STREETS?
The Utah Traffic Code 41-6a-101. The immediate starting point for all laws applying to bicycle car accidents is the Utah Traffic Code. The Utah Traffic Code has 20 chapters, many which specifically cover car, pedestrians, bicycles, scooters and other motorized vehicles.
Chapter 11 specifically applies to bicycles on Utah Roadways.
HOW DOES UTAH’S COMPARATIVE FAULT WORK FOR BICYCLE ACCIDENTS?
Comparative fault is the process in which the jury or judge sitting without a jury, decides who was at-fault and how much at-fault. Insurance adjusters and bicycle accident injury attorney must analyze all bicycle accidents for comparative fault.
51 Percent Negligence. Utah is a 51 per negligence, comparative fault state. What this means is that you cannot be greater than 49 percent at-fault for the bicycle accident or you receive ZERO. Utah’s comparative fault statute is found at Utah Code 78B-5-817 through 823.
Example. University Bicycle Accident. You are riding on the sidewalk with the flow of traffic at a reasonable speed. The car from Provo’s University Avenue doesn’t see you and turns right into you as you cross the sidewalk. The jury, judge or insurance adjuster may deem the car 90 percent at-fault and you 10 percent at-fault for the sidewalk collision. Thus if you are awarded $100,000, it would be reduced by 10 percent to $90,000.
Example. Provo Center Street Bicycle Accident. You are a hard charging fast bicycle rider speeding down Provo Center Street in downtown and collide with a car backing out. The posted speed is 15 mph. You break your leg incurring $20,000 in medical bills. The jury, judge or insurance adjuster may deem you 50 percent at-fault and you receive ZERO.
Example. Provo Freedom Avenue Bicycle Accident. You are hit on your bicycle while riding with the flow of traffic on the shoulder by a car making a left-hand turn. The car was speeding. The jury, judge or insurance adjuster may deem you 5 percent at-fault for not having a better lookout and the car 95 percent at-fault. Your serious and permanent head concussion was valued by the jury at $100,000. You would receive $95,000.
Who makes the ultimate decision on comparative fault? Thank goodness that the jury makes the ultimate decision on the amount of your money damages and who was at-fault. It is the jury who decides if you were 10 percent at-fault, or just 49 percent at-fault. If the is tried to the bench, then the judge makes the allocation of fault and money damages decisions. The total money damages awarded by the jury or judge is always reduced by the judge by the applicable allocation of fault.
Insurance Adjusters. If your Utah bicycle injury claim is pre-suit, meaning no lawsuit has been filed, the insurance adjuster will try to downplay your injuries by claiming excessive comparative fault. Therefore giving your less money for your claim.
SPECIAL ISSUES WITH PROVO, UT BICYCLE ACCIDENTS.
Crosswalks. Crosswalks always pose a special problem with juries and allocations of fault Bicycles can ride across crosswalks in Utah, but the jury may still feel that it was inappropriate. Or the jury may feel that overall the bicyclist’s speed and manner of riding was unreasonable for the circumstances. Resulting you receiving nothing for your injuries.
Comparative Fault. Ultimately the jury (unless it is a judge trial) decides who is at-fault for the bicycle accident. The jury is made up from people from the community and they bring with them their experiences about bicycle riders. Even if you were blatantly hit by a car on your bicycle, if your speed or manner of riding the bicycle was unreasonable, the jury may rule against you. Or allocate heavy fault against you thus reducing your money damages award.
Insurance. When you are hit by a car on your bicycle in Utah, car insurance applies to the situation. Both your car insurance on your car back at your garage and the at-fault party’s insurance. This article explains insurance in a nutshell.
Liability Insurance. If the at-fault car that hit you had insurance, that liability insurance company will pay for damages and injuries.
PIP Insurance. If the at-fault car that hit you had a Utah policy of insurance, then that car is the primary Personal Injury Protection Benefits provider. The liability carrier is the primary policy to pay your PIP benefits. PIP benefits are many, but are commonly $3,000 medical bill pay, $20 per day household services and wage loss. This this SHORT VIDEO on PIP.
Secondary PIP Coverage. Depending on the situation, your own car insurance on your car sitting back in the garage can provide secondary PIP coverage above and beyond the primary PIP carrier. If the at-fault car didn’t have PIP coverage because it was a commercial vehicle or was an out-of-state policy, then your coverage can kick into be secondary PIP coverage.
Uninsured Motorist Coverage Bicycle Accidents (“UM”). When you are hit by a car on your bicycle and that at-fault car didn’t have insurance, your own Utah uninsured motorist coverage may provide you coverage.
Underinsured Motorist Coverage Bicycle Accidents (“UIM”). When you are hit by a car and the at-fault car didn’t have enough insurance, your own underinsured motorist coverage will kick in to provide additional coverage for your money damages.
As mentioned above, the primary PIP provider is with the car that hit you. The exception is when the car that hit you waived PIP because it was commercial vehicle or is an out-of-state car insurance policy and doesn’t have PIP like benefits.
Property Damage on Bicycle Injury Cases. Bicycles are not cheap and your attorney should help you value the repair or replacement costs and make a property damage claim for that also. When you settle your bicycle damage claim, make sure you captured all your property damage costs, like any watches, electronics or clothing that was damaged.
It is always disappointing when the client later reveals that their wedding ring was damaged, but they already settled the property damage side of their insurance claim.
Common Injuries with Provo, UT Bicycle Accidents. Bicycles accidents in Utah tend to have fractures, skin injuries and concussions in addition to the normal back and neck issues.
Concussion. The silent killer. One of the worst injuries is a brain injury. The person looks fine and acts fines, but their mind functioning is impaired. Traumatic brain injuries accompanied by severe hits to the head can cause cranial factures or mild traumatic brain injuries.
When you hire Utah bicycle injury attorney Jake Gunter he helps you get the right type of doctor diagnosing your head injury. If you don’t have the right doctor diagnosing and treating your head injury it is if it never existed.
Bone fractures. Compound v. spiral and articulating joints. Bone fractures are very painful, but often do heal up to 100 performance. Bone fractures that are shattering, spiral or on or near articulating joints are a different story. These types of fractures particularly cause increased early degeneration of the area. Causing earlier problems than would have been normal.
Scarring. Plastic surgery. Utah bicycle accidents tend to cause road rash and permanent skin damage. Hiring a plastic surgeon to opine on the costs to repair and permanency can really help the jury understand your damages.
What Kinds of Damages are Included in Utah Bicycle Settlements?
General Damages. General damages are often called “Pain and Suffering” but they are much more. General damages encompass inconvenience, permanency and the degree that the injury specifically affected you. A person whose hands are injured in a bicycle accident is different for a professional piano player versus a stay-at-home mother who doesn’t work with her hands (as much).
Special Damages. Special damages in Utah bicycle accidents are discrete and calculatable. That is the difference between special damages, which are mathematical, versus general damages which are holistic and are intended to make the person whole. Special damages are classically past lost wages and future lost wages. Future lost earning capacity and medical bills, both past and future. Special damage can be property damage or mileage to and from your medical providers.
Proving Who is At-Fault for Bicycle Accidents in Provo, UT. Bicycle accidents are favorites of the insurance company to defend. Bicycle accidents often have elements of comparative fault where the bicycle rider should have been more aware, or should have used his hand signal, or not worn headphones. The primary source of proving fault in bicycle accidents is the Utah Traffic Code.
The Utah Traffic Code. The Utah Traffic Code is a beast with 20 chapters and regulates everything from scooters, bicycles, pedestrians, cars, ATVS and electric bikes to name a few. Finding violation or compliance with the Utah Traffic Code are essential to proving liability. The insurance adjuster or insurance defense attorney will always be trying to find traffic violations to pin their defense upon.
Location of Property Damage on Bicycle. Often property damage on your bike is indicative of where and how the car impacted you. Property damage on the rear of your bicycle can indicate that you passed the entire length the car that hit. Showing that the at-fault car had ample opportunity to see you prior to hitting you. Property damage on the hood of the car versus the side of the car can indicate who was at-fault.
Types of Bodily Injury. Sometimes the types and location of your physical injuries can show how the accident occurred. A lower leg fracture may show where the car hit you, versus hand and face injuries from falling after the impact.
Eye Witnesses in Police Report. Witnesses’ memories fade and witnesses are sometimes hard to find. Jury trial occurs years after the accident happened and finding witnesses can be difficult. Without certain witnesses, your entire case goes downhill. Interviewing early, recording the interview with consent or deposing the witness can serve to preserve their testimony in the event they can’t be found at trial time.
Recording Phone Calls/Interviews. Utah is a one-way recording state. Meaning that you can always record telephone calls with other people in Utah when you are a participant in the conversation. Even though legal, it is best practice often to get consent to record.
Camera Footage from Local Businesses. Obtaining local video camera footage from business can be difficult. They business has no duty to give the video to you. They may give them to the police. To get video footage from a local business you need to send an immediately preservation letter asking that the digital evidence be preserved. Then following up with subpoena duces tecum asking them to produce the video. Subpoena duces tecums are judicial orders commanding people or businesses to appear and produce documentary evidence.
Filing a lawsuit is onerous and expensive, but may be worth it under the right circumstances to get access to the surveillance footage.
PERTINENT UTAH BICYCLE LAWS
Here are some basic and more rare Utah bicycle laws.
41-6a-1105. Operation of bicycle or moped on and use of roadway – Duties, prohibitions.
Must Ride on Shoulder General Rule. This statute provides the basic rule that bicycles must ride as close to the shoulder as possible, except when passing other bikes, or to avoid conflict objects like parked cars.
Must Ride Bicycle at Reasonable Speed. “A person operating a bicycle or a moped on a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as near as practicable to the right-hand edge . . . .”
Illegal to Ride Against Flow of Traffic. You can’t generally ride your bike against the normal flow of car traffic.
2 Side-by-Side Bicyclist Only. You can only ride 2 deep side-by-side and only so if you don’t unreasonable impede traffic.
Can Blow Stop Signs. Yes, bicyclists in Utah can avoid stopping at stop signs if they slow to a reasonable speed and don’t interfere with pedestrians or traffic. This doesn’t apply to bicyclist crossing over railroad crossing.
41-6a-1106. Bicycles and human powered vehicle or device to yield right-of-way to pedestrians on sidewalks, paths, or trails — Uses prohibited — Negligent collision prohibited — Speed restrictions — Rights and duties same as pedestrians.
Bicycles must Yield to Pedestrians. Bicycles must always yield to pedestrians and give an audible sound when overtaking a pedestrian.
Must Ride Reasonable. When it comes to collisions and accidents between pedestrians and bicycles or between bicycles, all bicycle riders must ride in a reasonable prudent manner under the circumstances.
Riding on Sidewalk. Yes. Yes, you can ride your bike on the sidewalk, but you must always yield to pedestrians and always ride your Utah bicycle in a reasonable and prudent speed and manner.
41-6a-1103. Carrying more persons than design permits prohibited — Exception. You can’t have 2 people on a bicycle if it is not specifically designed for it.
41-6a-1104. Persons on bicycles, mopeds, skates, and sleds not to attach to moving vehicles — Exception. No more holding on to moving traffic and catching a ride on your bike. That’s illegal.
41-6a-1109. Bicycles and mopeds — Turn signals — Exceptions. Turn signaling by hand or lights are generally required when turning a bicycle on Utah roadways.
41-6a-1112. Bicycles and mopeds — Carrying bundle — One hand on handlebars. You must ride your bike with at-least one hand.
41-6a-1114. Bicycles — Lamps and reflective material required. If you are night riding you are generally required to have lights and reflective gear on your Utah bicycle. No sirens either.
COMMON BICYCLE ACCIDENT FAQ.
Who Covers My Injuries When I Hit on my Bicycle? The car, truck, motorcycle or scooter that hit you is responsible for all the damages they cause. Their insurance company will step up and pay for your damages. Hiring an attorney will often get you the best results, faster and with way less stress.
I had Car Insurance at the Time I was Hit on my Bicycle. Is that used? The primary insurance company to pay your damages is the at-fault car that hit you. The primary personal injury protection carrier is also the at-fault car that hit you on your bicycle. Your own car that was back in the garage at the time of this collision sometimes can provide secondary PIP coverage. Additionally your own car, even though not involved, can provide underinsured or uninsured motorist coverage for your bicycle accident.
Can Bicyclist Not Stop at Stop Signs? Utah bicyclists always must ride their bicycles responsible, but they can treat a stop sign as a yield sign if safe to do so. See Utah Code 41-6a-1105(5)(a).
Can I Race my Bicycle on Utah Roads? No. Bicycle racing on Utah public roadways is illegal. Utah Code 41-6a-1111.
Do I need Lights on my Bicycle? You are required to have a white headlight, red taillight or reflector, and side reflectors, all visible for at least 500 feet any time you ride earlier than a half-hour before sunrise, later than a half-hour. Utah Code 41-6a-1114.
Who has the Right-a-Way? Bicycles or Pedestrians? Bicycles must always yield to pedestrians and people walking on sidewalks. You must give an audible signal when overtaking pedestrians. Utah Code 41-6a-1106
How Close Can Cars Get to Me on My Bicycles? No car can get within 3 feet of your bicycle. It is an Infraction without bodily injury and a Class C Misdemeanor with injury. Utah Code 41-6a-706.5.
Can I Ride my Bike on the Sidewalk? Yes. Unless otherwise prohibited in the Utah Traffic Code or a by a traffic-control device or city ordinance, you can ride on the sidewalk. But you can never endanger pedestrians, you always must ride at a reasonable speed and always must yield to pedestrians. Utah Code 41-6a-1106.
Does Utah Traffic Laws Applies to Bicycles? Yes. Bicycles are specifically regulated by Chapter 11 of the Utah Traffic Code. All things bicycles and traffic are listed in the Utah Traffic Code.
Do I Have to Ride with the Flow of Traffic? The general rule is that you should be riding with the flow of traffic and not against it. Generally you should be on the shoulder, closest to the sidewalk or curbage.
CALL/TXT PROVO, UTAH BICYCLE ACCIDENT ATTORNEY JAKE GUNTER. HE CAN TELL YOU IN 5 MINUTES OVER THE PHONE IF YOU HAVE A CASE. (801) 373-6345
Common Two Car Accident Issues.
Insurance company processing times.
Common car collision issues can be waiting and waiting on the insurance carriers to complete their investigation.
Insurance companies can take some time to locate witnesses, conduct adjuster interviews, talk to the police and gather the police report.
Hang in there as your Utah car accident attorney processes through the various insurance companies.
Insurance companies have thousands of claims and yours is just one of them.
Rental cars.
Rental cars can be provided by the at-fault insurance company if they want to, but they don’t have to volunteer a rental car and can refuse your request for a rental car.
If your own first party UIM/PIP insurance company has rental car coverage, that may be a good option to get a rental car, even if you have to pay your deductible first.
Deductibles and the cost of rental cars can be reimbursed through the at-fault insurance company settlement.
Property damage valuations.
Getting your car fixed after a car accident is an entire blog post in itself. You have to deal with the frustration of waiting.
Hire a Utah Car Accident Attorney Early in the Process to Avoid Frustration
Cut Down Processing Time.There are investigation processing times that can be cut down when you hire
an experienced personal injury attorney who knows what to do.
Avoid Frustration. Hiring a Utah car accident law firm that has been through the process hundreds of
times is critical in getting the best results, but also speeding up the process and avoiding unnecessary frustration.
Concentrate on Getting Better. When you hire a Utah car accident lawyer you can avoid much of the
frustration and concentrate on getting better, which is the most important part of the process.
Avoid Common Car Accident Mistakes. Hiring a Utah car accident lawyer help you avoid making common mistakes that devalue the true
compensation you are entitled to. A good attorney helps you avoid gaps in medical treatment, avoids seeing the wrong doctors who can’t
give the correct medical care or diagnosis. Proper and timely radiology is another area where attorneys can really help when hired early.
NO FEE UNLESS YOU RECOVER COMPENSATION FOR YOU CAR ACCIDENT INJURIES
Lastly, you don’t owe Utah car accident attorney Jake Gunter unless you receive compensation for your injuries. If you don’t win your case, you don’t owe Jake anything.
TXT/CALL car accident lawyer Jake Gunter (801) 373-6345 for a free consultation. Via Zoom, Phone or In-Person. Let his team help you.