What Constitutes a Hit and Run Accident in Utah?

In Utah, the law is clear about a driver's duties following a motor vehicle accident. Fleeing the scene without adhering to these duties constitutes a hit and run. Understanding the specific legal definition is the first step in addressing such an incident.

Legal Definition and Duty to Stop (Utah Code)

Utah Code Ann. § 41-6a-401, titled "Duty to remain at scene of accident — Information to be furnished — Aid to injured persons — Reports," outlines the legal obligations of drivers involved in an accident. This statute mandates that any driver involved in a collision resulting in:

• Injury to or death of any person; or
• Damage to an attended or unattended vehicle or other property,

must immediately stop their vehicle at the scene of the accident or as close to it as possible without obstructing traffic. The driver then has several duties, including:

• Remaining at the scene: Until they have fulfilled all requirements.
• Providing identification: Furnishing their name, address, and vehicle registration number.
• Exchanging insurance information: Providing the name of their insurance carrier and policy number.
• Rendering reasonable assistance: To any person injured in the accident, including arranging for transportation to a hospital if necessary.

Failure to comply with any of these requirements, particularly leaving the scene, is what defines a hit and run under Utah law.

Types of Hit and Run Incidents

The severity of a hit and run charge in Utah depends heavily on the outcome of the accident:

• Property Damage Only: If the accident only results in damage to property (like a parked car or fence) and no one is injured, leaving the scene is generally a misdemeanor. However, the driver must still attempt to locate the owner or leave written notice with their contact and vehicle information.
• Injury: If the accident causes bodily injury to another person, leaving the scene is a more serious offense, often charged as a Class A misdemeanor or even a third-degree felony, depending on the severity of the injuries.
• Death: If the accident results in the death of another person, leaving the scene is a very severe felony, typically a second-degree felony, carrying substantial prison time and fines.

Penalties for Hit and Run in Utah

The consequences for a hit and run in Utah are serious and vary based on the extent of the damage or injury caused. These penalties are designed to deter drivers from evading responsibility.

Misdemeanor Charges

• Class B Misdemeanor: Typically applies to hit and run incidents involving only property damage. Penalties can include up to six months in jail and fines up to $1,000.
• Class A Misdemeanor: Usually applies when a hit and run results in bodily injury. Penalties can include up to one year in jail and fines up to $2,500.

Felony Charges

• Third-Degree Felony: If a hit and run results in serious bodily injury, it can be charged as a third-degree felony. This can lead to a prison sentence of up to five years and fines up to $5,000.
• Second-Degree Felony: When a hit and run results in death, it is a second-degree felony, punishable by up to 15 years in prison and fines up to $10,000.

Additional Consequences

Beyond criminal charges, a driver convicted of a hit and run in Utah may face:

• Driver's License Suspension: The Division of Motor Vehicles (DMV) can suspend or revoke their driving privileges.
• Increased Insurance Premiums: Insurance rates will likely skyrocket, or coverage may be canceled.
• Civil Liability: The at-fault driver will still be held financially responsible for all damages, including medical bills, property damage, lost wages, and pain and suffering. A civil lawsuit can be filed against them regardless of criminal charges.

For more details on how long you have to file a claim, consult our page on understanding Utah's statute of limitations.

Why Do Drivers Flee the Scene?

While there's no justifiable reason to leave the scene of an accident, understanding common motivations can sometimes help in the investigation:

• Panic and Fear: Many drivers flee due to immediate panic, fear of legal consequences, or fear of angry reactions from other involved parties.
• Intoxication or Impairment: Drivers under the influence of alcohol or drugs often leave to avoid DUI charges, which carry severe penalties.
• No License, Registration, or Insurance: A driver might be operating a vehicle illegally, without a valid license, or without proper insurance, and fears the repercussions.
• Outstanding Warrants: Some drivers may have active arrest warrants and leave to avoid being taken into custody.
• Fear of Increased Premiums: Even a minor accident can lead to higher insurance rates, which some drivers try to avoid by fleeing.

What to Do Immediately After a Hit and Run in Utah

If you are the victim of a hit and run, your actions in the immediate aftermath can significantly impact your ability to recover and seek justice. Stay calm and follow these steps:

Prioritize Safety

Your safety and the safety of others should be your primary concern. If possible, move your vehicle to a safe location away from traffic. If you are injured, remain still and wait for emergency responders.

Gather Information

Even if the other driver flees, try to gather as much information as possible without endangering yourself:

• Vehicle Description: Note the make, model, color, and approximate year of the fleeing vehicle.
• License Plate Number: Even a partial plate number can be incredibly helpful.
• Driver Description: If you saw the driver, note their gender, approximate age, hair color, and any distinguishing features.
• Direction of Travel: Note which way the vehicle was heading.
• Witness Information: Look for any witnesses and ask for their contact information. Their testimony can be invaluable.

Call the Police

Report the hit and run to the local police department immediately. Provide them with all the details you've gathered. A police report is essential for both insurance claims and any potential criminal investigation. Be sure to obtain a copy of the police report once it's available.

Document the Scene

Use your smartphone to take photos and videos of everything related to the accident:

• Damage to your vehicle and any other property.
• The accident scene, including road conditions, skid marks, and traffic signs.
• Any debris left by the fleeing vehicle.
• Your injuries.

Visual evidence can be critical in identifying the at-fault driver and proving the extent of your damages.

Seek Medical Attention

Even if you feel fine, it's crucial to be examined by a medical professional. Adrenaline can mask injuries, and some injuries may not manifest symptoms until hours or days later. A medical record provides crucial documentation of your injuries, which is vital for any personal injury claim.

Notify Your Insurance Company

Report the hit and run to your insurance company as soon as possible. Be honest and thorough in your description of events. Your insurance policy, particularly if you have Uninsured/Underinsured Motorist (UM/UIM) coverage, may be your primary source of recovery.

The Role of Uninsured/Underinsured Motorist (UM/UIM) Coverage

In a hit and run accident, the at-fault driver is often never identified or caught. This means there's no other driver's insurance policy to claim against. This is where Uninsured/Underinsured Motorist (UM/UIM) coverage becomes incredibly important.

How UM/UIM Protects You in a Hit and Run

UM/UIM coverage is designed to protect you when the at-fault driver has no insurance (uninsured) or insufficient insurance (underinsured) to cover your damages. Crucially, in Utah, UM/UIM also typically covers you in hit and run accidents where the at-fault driver cannot be identified.

This coverage can help pay for:

• Medical expenses for you and your passengers.
• Lost wages due to your injuries.
• Pain and suffering.
• Property damage (though sometimes this is covered under a separate collision policy).

It essentially acts as a substitute for the fleeing driver's liability insurance. If you have questions about your coverage, our personal injury lawyers can review your policy and explain your options.

Understanding Your Policy

It's important to understand the limits and specifics of your UM/UIM policy. While Utah law requires insurance companies to offer UM/UIM coverage, you have the option to reject it in writing. However, given the prevalence of hit and run accidents, having this coverage is highly recommended. The Action Firm can help you understand the nuances of your policy and how it applies to your hit and run claim.

Seeking Compensation After a Utah Hit and Run

Even without an identified at-fault driver, victims of a hit and run can still pursue compensation, primarily through their own insurance policy's UM/UIM coverage. If the driver is identified, a direct claim or lawsuit can be filed.

Types of Damages You Can Recover

Whether through your own policy or a claim against the identified driver, you may be able to recover various types of damages:

• Economic Damages: These are quantifiable financial losses, including:
  • Medical bills (past and future)
  • Lost wages and loss of earning capacity
  • Property damage (vehicle repairs or replacement)
  • Out-of-pocket expenses related to the accident
• Non-Economic Damages: These are subjective, non-monetary losses, including:
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Disfigurement or permanent impairment

Challenges in Hit and Run Cases

Hit and run cases present unique challenges:

• Identifying the At-Fault Driver: This is often the biggest hurdle. Police investigations, witness statements, surveillance footage, and even forensic evidence can be crucial.
• Proof of Fault: Even if the driver is identified, proving their negligence in causing the accident can be complex.
• Dealing with Insurance Companies: Your own insurance company, while obligated to pay under UM/UIM, may still try to minimize your payout. They might argue about the extent of your injuries or the value of your claim.

This is where the expertise of a personal injury attorney from The Action Firm becomes invaluable. We know how to investigate, build a strong case, and negotiate with insurance adjusters to ensure you receive fair compensation.

How The Action Firm Can Help You

Navigating the aftermath of a hit and run accident in Utah requires experienced legal guidance. The Action Firm is dedicated to providing comprehensive support to victims, ensuring their rights are protected and they receive the compensation they deserve.

Our services include:

• Thorough Investigation: We work tirelessly to gather evidence, including police reports, witness statements, surveillance footage, and accident reconstruction data, to identify the fleeing driver if possible.
• Expert Legal Counsel: We provide clear, empathetic advice, explaining your legal options and guiding you through every step of the process.
• Insurance Claims Management: We handle all communication and negotiations with your insurance company, ensuring they honor your UM/UIM policy and offer a fair settlement. We protect you from tactics used to undervalue your claim.
• Litigation Representation: If a fair settlement cannot be reached, or if the at-fault driver is identified and needs to be pursued in court, we are prepared to take your case to trial.
• Damage Assessment: We work with medical professionals, economists, and other experts to accurately calculate the full extent of your economic and non-economic damages.

Don't face the complexities of a hit and run claim alone. Contact The Action Firm today for a free consultation and let us put our experience to work for you. Our car accident attorneys are ready to fight for the justice you deserve.

Preventative Measures and Road Safety

While you can't control other drivers, you can take steps to protect yourself and increase the chances of identifying a hit and run driver:

• Defensive Driving: Always be aware of your surroundings and anticipate potential hazards.
• Dash Cams: Installing a dash cam can provide invaluable video evidence if you are involved in an accident, especially a hit and run.
• Be Observant: Pay attention to vehicles around you, especially those driving erratically.
• Maintain Adequate UM/UIM Coverage: Review your insurance policy regularly to ensure you have sufficient UM/UIM coverage to protect yourself in worst-case scenarios.

Legal Disclaimer

Please note that this blog post provides general information about hit and run laws in Utah and is not intended as legal advice. Every accident case is unique, and the information provided here may not apply to your specific situation. Laws are subject to change. The Action Firm does not guarantee specific outcomes, and past results do not predict future success. For personalized legal advice regarding your hit and run accident, it is essential to consult with a qualified personal injury attorney.

Conclusion

A hit and run accident can leave you feeling helpless and overwhelmed, but you don't have to face it alone. In Utah, the law provides avenues for victims to seek compensation and hold negligent drivers accountable, even when they attempt to escape responsibility. By taking immediate action, gathering evidence, and securing the right legal representation, you can significantly improve your chances of a successful outcome.

The Action Firm is committed to helping victims of hit and run accidents in Utah. Our experienced legal team is ready to investigate your case, navigate complex insurance claims, and fight for the maximum compensation you deserve. If you or a loved one has been injured in a hit and run, do not hesitate to reach out. Schedule your free consultation today and let us help you take the necessary steps toward recovery and justice.