A fully loaded semi-truck may weigh as much as 80,000 pounds, and it takes the left-turn driver to make a right turn; it leaves a gap that a passenger car cannot survive. Utah law establishes a clear fault threshold. A driver found 50% or more at fault cannot recover any compensation. Therefore, one disputed percentage point can determine the entire claim amount.
We at BAM Personal Injury Lawyers take on trucking cases for clients in Utah and across the country from our offices in St. George and Murray. Our firm combines specialized expertise in trucking law with extensive resources, including access to experienced accident reconstruction experts and a dedicated team trained in commercial vehicle cases. We have secured notable results for clients through our focused approach and commitment to aggressive evidence gathering. In this article, we explain who bears liability in a wide‑turn accident, how Utah’s fault rules affect your case, and what evidence we pursue.
| Question | Short answer |
| What is a wide-turn crash? | A large truck swings left to turn right and traps a vehicle between the trailer and the curb |
| Which Utah statute matters most? | Utah Code 41-6a-801, which governs how drivers approach and make right turns |
| Who can we hold liable? | The driver, the motor carrier, and sometimes a maintenance shop or parts manufacturer |
| What fault rule applies? | Utah bars recovery at 50% fault and reduces recovery below that |
| Can the truck company share blame for one driver’s error? | Yes, through vicarious liability and direct negligence claims |
| What evidence wins these cases? | Electronic logging data, turn signal records, dashcam footage, and witness accounts |
A tractor-trailer isn't able to turn right like a car does. Since a conventional semi-truck requires as much as 55 feet of room to make a right turn without banging into the curb, the driver usually moves left first. The car slides into the empty space on the right. The trailer then swings back and crushes it.
Utah has direct rules regarding this maneuver. According to Utah Code 41-6a-801, a driver must make a right turn and approach it as near as is practical to the right-hand curb or edge of the road, and failing to do so constitutes an infraction. The term "practical" carries significant weight in court proceedings. If a truck driver needs extra space when turning in a tight corner in downtown St. George or on a Murray surface street, he or she can claim that the swing was necessary, and in response we point out that the driver could have taken a different route, driven in a different lane, or reduced his or her speed.
Federal and state regulations also allow truck drivers a certain degree of flexibility. While the rules for commercial vehicles and state traffic laws usually permit a truck driver to carry out a legally performed wide turn, if the vehicle swings too far to the left in a way that produces dangerous situations beyond those necessary for the turn, responsibility can be assigned to the driver. To determine liability, courts look at whether the driver's actions were both practical and necessary given the situation. For example, if a truck driver makes a wide turn to avoid hitting a curb but takes up multiple lanes when a safer option exists, the court may find the maneuver unnecessary under the circumstances. Courts weigh practicality based on road conditions, traffic, and available space. For this reason, in each instance we assess the amount of swing, the use of the signal, and the timing rather than automatically holding the truck driver at fault.
The cause of a severe turn-over accident is usually not attributable to a single individual; we examine all the parties whose choices placed the truck in that intersection.
| Party | Legal theory | What we investigate |
| Truck driver | Negligence, including failure to signal, check mirrors, or clear the right lane | Signal activation, mirror use, speed, hours of service |
| Motor carrier | Vicarious liability for an employee acting within the scope of employment | Employment status and trip records |
| Motor carrier | Direct negligence for hiring, training, supervision, or routing | Driver qualification file, training records, route planning |
| Maintenance shop or parts maker | Negligent repair or product defect | Mirror, signal, and brake repair history |
Insurance carrier limits often determine how much money is available to pay a claim. A trucking company can be held liable if it hires an unqualified driver or ignores a driver’s record of serious safety violations. The company must also pay for a driver’s errors under vicarious liability rules when the driver causes an accident while performing work duties. Introducing the company into the case might also result in a higher level of compensation, as these companies generally have a lot more insurance than individual drivers.
Utah operates a modified comparative fault system. Under Utah Code 78B-5-818, a plaintiff’s own fault does not automatically bar compensation. The plaintiff loses all right to recover if they bear more than 50 percent of the blame. If they are less than 50 percent at fault, they receive a reduced award instead.
The defense is familiar with this rule; in instances involving a wide turn, the defense usually claims that the driver of the smaller vehicle shared the blame, for instance,, by pulling into a gap beside the truck at an intersection. We respond by referring to the truck's signal record, its position in the lane before the turn, and the physical gap that the driver had formed.
Utah also places a restriction on defendants' ability to share the cost. Courts no longer apply joint and several liability. Each defendant bears responsibility only for their own share of the fault. The table below, which is based on a hypothetical judgment of $200,000, illustrates how the rules interact.
| Scenario | Fault allocation | Result |
| The driver and carrier caused the crash; the plaintiff is blameless | 100% defendants | Full $200,000 |
| Plaintiff passed on the right without noticing a signal | 20% plaintiff, 80% defendants | $160,000 |
| The jury finds plaintiff equally at fault | 50% plaintiff | $0 under the 50% bar |
| Jury finds plaintiff 49% at fault | 49% plaintiff | $102,000 |
The fault of people who are not parties to the lawsuit can also be taken into account. If a party wishes to compare the fault of a non-party, they must file a notice at least 90 days before the trial takes place, which is why we keep a close eye on such filings and challenge any effort to shift the blame onto someone the defense had not joined.
Wide-turn cases depend on records that carriers retain for only a limited period. We prove driver negligence by using evidence such as electronic logging device data, turn signal activation records, dashcam footage, and statements from eyewitnesses.
| Evidence | What it proves | Who controls it |
| Electronic logging device data | Speed, location, and hours driven before the turn | Carrier |
| Turn signal and engine control records | Whether the driver signaled and when | Carrier or manufacturer |
| Dashcam footage | The swing, the gap, and your vehicle’s position | Carrier |
| Intersection photos and measurements | Whether the truck had a practical alternative | Our investigators |
| Utah Highway Patrol crash report | Officer observations and any citation | Law enforcement |
| Driver qualification and training file | Whether the carrier was hired and trained properly | Carrier |
If a truck swung wide and hit you, speak with a Utah personal injury lawyer before you give any statement to the carrier’s insurer. BAM works on a “No Fee Until We Win” basis, so you pay nothing for our work unless we recover compensation. We will start preserving the carrier’s data and mapping the intersection immediately.
A truck's wide turn can create a complicated collision, especially when another vehicle is forced into a dangerous position. Determining liability may require a careful review of the truck driver's actions, traffic conditions, available evidence, and applicable trucking regulations.
If you were injured in a Utah truck accident involving a wide turn, BAM Personal Injury Lawyers can help you understand your legal options and investigate the circumstances surrounding the crash. Our team can work to identify the parties that may be responsible and pursue compensation for qualifying losses.
Contact UsPersonal injury claims in Utah are subject to a four-year time limit, which begins on the day of the injury as stated in Utah Code 78B-2-307. In the case of wrongful death claims, the time limit is shorter and families typically have two years from the date of death. The discovery rule extends the filing deadline when an injury does not become obvious right away. Minors and people who lack legal capacity also receive extra time to file a claim. We strongly advise you not to wait until the final deadline. Insurance carriers often destroy critical evidence long before any time limit expires. Filing a lawsuit gives us the authority to secure that evidence through a subpoena.
In Utah it is necessary for drivers to have personal injury protection insurance, and this type of coverage will pay for initial medical expenses no matter who is at fault. After that you must meet a certain amount before you can take the at-fault driver to court for pain and suffering. According to Utah Code 31A-22-309, the amount that must be met includes $3,000 worth of medical expenses, permanent disability, permanent disfigurement, dismemberment, or a bone fracture. A crash involving a wide turn that crushes a car door or trunk generally meets that threshold swiftly, but we still keep records of all the bills and all the diagnoses so that the insurance company cannot claim you did not meet the amount.
A government-owned truck brings the Governmental Immunity Act into your case, and that law imposes strict early deadlines. Under Utah Code 63G-7-402, you must file a notice of claim within one year before you can sue a city, county, or state government entity. Missing that notice requirement bars the claim entirely, even if the standard four-year deadline has not expired. Government cases also follow special venue and damages rules, so we advise you to call us within days of the crash when a snowplow, garbage truck, dump truck, or school district vehicle caused the collision.
Certainly, and it is common for carriers to attempt to shirk their responsibilities by classifying the driver as an independent contractor. Federal leasing regulations at 49 CFR 376.12 require any carrier that leases equipment to keep exclusive possession, control, and use of that equipment. The carrier must also assume full responsibility for its operation. In applying these rules, the courts regard the carrier as the legal operator of the truck, thereby ensuring that the carrier's insurance covers the situation. To establish who had control over the journey, we look at the lease agreement, the dispatch records, and the carrier's operating authority.
We send a preservation letter immediately when we accept a case. Timing matters because 49 CFR 395.8 requires carriers to retain driver logs and related records for only six months. Carriers often overwrite dashcam footage within days or weeks. Electronic control module data may disappear once crews repair the vehicle or return it to service. The letter serves to put the carrier on record as having been notified that it must retain the data, which in turn supports our claim for sanctions should the company choose to delete it. Courts in Utah are able to punish a party for destroying evidence which it had a duty to preserve, possibly by allowing the jury to infer adversely.
In Utah punitive damages are still available but the standard is high and simple carelessness is not enough. To meet the standard set out in Utah Code 78B-8-201 we have to prove by clear and convincing evidence that the defendant engaged in willful and malicious conduct, intentional fraudulent conduct, or showed a knowing and reckless indifference to the rights of others. A carrier who ignored a driver’s repeated safety violations, falsified its logs, or pressured drivers to skip their required rest could be subject to such a claim and we look into those facts in each trucking case because punitive damage risks often affect the way the carrier’s insurance company negotiates.
Kigan Martineau is a Partner at BAM Personal Injury Lawyers and an accomplished trial attorney representing injury victims across Utah and Idaho. A graduate at the top of his class from American University Washington College of Law, Kigan specializes in complex motor vehicle crashes, commercial trucking litigation, and wrongful death claims. He achieved the highest settlement in Southern Utah history and has helped secure over $100 million in cumulative resolutions for the firm’s clients.
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