Utah Distracted Driving Accident Lawyer

By:
Kigan M
| January 22, 2025
Utah distracted driving accident lawyer

Distracted driving has become one of the leading causes of crashes in Utah, putting countless drivers, passengers, and pedestrians at risk every day. Many people assume they can multitask behind the wheel—text, check social media, or eat a quick snack—without realizing the deadly consequences.

At BAM Personal Injury Lawyers, we understand how a distracted driver’s split-second lapse in attention can lead to a motor vehicle accident that forever changes someone’s life. Our team is here to protect your rights and fight for the compensation you need after a distracted driving accident.

Whether you sustained serious injuries or lost a loved one because another driver was not paying attention, we want to help. We have handled personal injury claims involving everything from texting behind the wheel to in-car entertainment systems that steal focus from the road.

If the insurance company tries to minimize your losses or deny liability, our Utah car accident lawyers stand ready to push back. Learn more about distracted driving crashes below.

Our Utah Distracted Driving Accident Lawyer Knows the Dangers of Distracted Driving

Our Utah distracted driving accident lawyer knows the dangers of distracted driving

Distracted driving can happen in a heartbeat, turning a routine trip into a sudden nightmare. At BAM Personal Injury Lawyers, we have seen firsthand how something as simple as glancing down at a phone can cause a catastrophic crash. We believe education is crucial to reducing these collisions, so we stay on top of the latest research and legal standards regarding distracted driving.

Our driving accident attorneys also recognize that some defendants try to deny they were distracted, making these cases complicated. Gathering the right evidence—phone records, witness statements, and expert testimony—helps us expose the truth.

We refuse to let a driver’s careless moment jeopardize your safety or financial future. We can pursue the other driver and demand compensation for your medical expenses and property damage.

What Is Distracted Driving?

Distracted driving occurs when a motorist’s attention shifts away from operating a vehicle. This problem has grown with the rise of smartphones, although other activities like eating, grooming, or interacting with passengers can also divert focus.

Drivers often underestimate how quickly accidents happen, assuming they have time to check a text or handle another task while speeding down the highway.

Despite persistent awareness campaigns, distractions remain a factor in many Utah crashes. According to the National Highway Traffic Safety Administration, even taking your eyes off the road for a few seconds while traveling at highway speeds equals driving blind for the length of a football field. This underscores just how risky the behavior can be.

Our Salt Lake City distracted driving legal team has seen the devastating outcomes and knows how to hold negligent motorists liable.

Types of Distractions (Visual, Manual, Cognitive)

Visual Distractions

Visual distractions occur when drivers take their eyes off the road. Examples include reading text messages, checking GPS devices, or admiring a billboard.

Even a brief moment of looking away can lead to a car accident, particularly at higher speeds. Defensive driving means keeping your eyes forward and scanning mirrors regularly.

Manual Distractions

Manual distractions force the driver to remove their hands from the wheel. Activities like texting, eating, or adjusting in-car controls fall into this category.

Drivers who do not have both hands available for steering are more likely to lose control. Incidents of manual distraction often result in swerving or delayed braking.

Cognitive Distractions

Cognitive distractions steal your mind from the task of driving. Daydreaming, engaging in intense conversations, or becoming emotionally upset can reduce reaction times.

Being mentally somewhere else can be just as dangerous as looking or reaching away from the wheel. Staying mentally present helps ensure a quick response to sudden hazards.

Distracted Driving Laws in Utah

Distracted driving laws in Utah

Utah has enacted statutes banning texting while driving and restricting phone usage (Utah Code § 41-6a-1716). Law enforcement can pull over a distracted driver if they see them typing on a phone or engaging in other risky conduct.

Fines and penalties aim to discourage this behavior, though many motorists still take chances. Frequent public awareness campaigns highlight the dangers, but offenders often believe a crash “won’t happen to me.”

When such crashes do occur, these laws allow injured parties to hold drivers accountable. Violating the rules by texting or calling behind the wheel can serve as evidence of negligence in a personal injury lawsuit.

Our Salt Lake City-based team can show how ignoring these regulations directly contributed to the crash. By linking a driver’s illegal behavior to your injuries, we strengthen the argument for damages.

Common Causes of Distracted Driving Accidents

Drivers can become distracted in countless ways, from the moment they start the car until they reach their destination. A few common causes of distracted driving crashes include:

Texting, Calling, and Using Smartphones

Sending a text message or scrolling through social media demands your eyes, hands, and thoughts all at once. Modern technology tempts motorists with constant notifications, but responding while driving significantly raises crash risks.

Utah law prohibits typing on a phone while operating a vehicle, yet infractions occur daily. Drivers often believe quick glances or “only a second” of phone use is safe. However, this assumption is misguided and highly dangerous.

Eating, Drinking, or Grooming While Driving

Fast-food meals and on-the-go hair or makeup touch-ups are common. Yet each of these tasks keeps at least one hand occupied and steals partial attention from the road.

Spilling a hot drink or dropping food can panic a driver, causing abrupt stops or swerves. Simple convenience can morph into a dangerous lapse in focus.

Passenger Distractions and In-Car Entertainment Systems

Loud conversations or interactions with children in the back seat can pull a driver’s mind and eyes away from traffic. Some modern vehicles offer built-in entertainment screens or interactive systems that also pose risks if used improperly.

While traveling with family and friends is normal, drivers must balance social engagement with safe driving habits. Maintaining awareness prevents minor diversions from escalating into serious crashes.

Injuries Often Sustained in Distracted Driving Accidents

Injuries often sustained in distracted driving accidents

Distracted collisions can inflict severe physical harm that requires extensive treatment and rehabilitation. Common injuries in distracted driving accidents include:

  • Whiplash. Sudden neck movement can damage muscles and ligaments. Symptoms include stiffness, pain, and headaches.
  • Head injuries. Concussions or traumatic brain injuries may result from hitting the steering wheel or window. Cognitive problems can linger for months or years.
  • Spinal injuries. Discs can herniate, or vertebrae can fracture during impact. Chronic back pain or permanent nerve damage may follow a spinal cord injury.
  • Broken bones. Arms, wrists, or legs might fracture when bracing for collision. Surgery and therapy are often needed for proper healing.
  • Internal injuries. Forceful crashes can damage organs like the lungs or liver. Internal bleeding poses immediate life-threatening risks.

Such wounds disrupt daily life, piling on medical bills and forcing missed work. Documenting every detail helps build a solid claim for fair compensation.

Determining Liability in Distracted Driving Cases

Proving someone was distracted involves showing how they neglected basic caution. Even if a driver denies wrongdoing, cell phone data or eyewitness accounts might reveal the truth. This evidence helps demonstrate that they breached their duty of care, leading to your crash.

Gathering Evidence From Phone Records and Witnesses

Phone records can disclose texts, calls, or data usage at the time of the accident. Witnesses may have seen a driver looking down, typing messages, or otherwise being inattentive.

Statements from passengers, bystanders, or first responders strengthen the case that a distraction occurred. Skilled investigators piece together a timeline that pinpoints the negligent act.

Using Traffic Camera Footage to Prove Negligence

Intersections and busy roads often feature cameras capturing real-time images. Reviewing footage might show a driver holding a phone or failing to watch the road. These clips can serve as persuasive proof in settlement discussions or court proceedings. Attorneys coordinate with local agencies to request and preserve relevant recordings.

Role of Comparative Fault in Utah Accident Cases

Utah follows a comparative fault system (Utah Code § 78B-5-818), meaning each party’s share of blame affects the final compensation. If you partially contributed to the crash—say by speeding or failing to signal—a court might reduce your award by your percentage of fault.

However, a well-prepared attorney challenges attempts to over-assign fault to the victim. By gathering robust evidence, we protect your right to fair damages.

Factors Dictating the Value of Your Distracted Driving Accident Claim

Factors dictating the value of your distracted driving accident claim

When evaluating a personal injury claim, we consider a range of elements that affect the final amount. Common factors that impact your settlement include:

  • Extent of injuries. The severity of harm and necessary medical care strongly influence compensation. More invasive treatments typically mean higher settlements.
  • Lost earnings. Time off work, whether short-term or long-term, raises the claim’s value. This includes both wages lost and potential future earnings if you cannot return fully.
  • Property damage. Repairs or replacement of your vehicle add to the overall demand. Costs for rental cars or alternative transport factors are included, too.
  • Pain and suffering. Physical and mental anguish can be awarded as non-economic damages. Detailed documentation of trauma and limitations strengthens this portion.
  • Level of negligence. If the distracted driver’s behavior was blatantly reckless, the court might award punitive damages. These extra sums punish egregious conduct.

Combining these elements into a clear argument helps maximize your potential recovery. Thorough evidence and strong negotiation often lead to better results.

How a Utah Distracted Driving Accident Lawyer Maximizes Your Claim To Compensation

Hiring an experienced car accident lawyer is your best strategy for securing fair compensation. Some of the ways we can help you include:

  • Accident investigation. Our team visits the crash site, examines police reports, and reconstructs events. This process uncovers vital details about how the driver was distracted.
  • Gathering documentation. We collect medical records, witness statements, and any proof of phone use. Comprehensive evidence makes your claim more persuasive.
  • Negotiations with the insurance company. Adjusters often try to underpay claims. We push back, backing up our demands with hard facts and legal precedent.
  • Calculating full damages. We tally current and future medical bills, lost income, and intangible harms. A complete overview ensures no category of compensation is overlooked.
  • Advocating in court if necessary. If a fair settlement remains out of reach, we file a personal injury lawsuit. Our attorneys present a compelling case before a judge or jury.

Having skilled Utah car accident lawyers by your side relieves the stress of legal battles. We handle the complexities while you concentrate on recovery.

FAQs

How long do I have to file a personal injury lawsuit in Utah?

Typically, Utah law grants four years to file a car accident-related claim. Missing this deadline can bar you from recovering damages.

What if the distracted driver denies using a phone?

We can investigate phone records and talk to witnesses who saw them texting or calling. Other evidence, like surveillance footage, can confirm distracted behavior.

Does partial fault on my side affect my settlement?

Yes, Utah’s comparative fault rule can reduce your award by your percentage of fault. However, you can still recover damages if you are less than 50% responsible.

Can a passenger sue a distracted driver?

Passengers have the same right to seek compensation if they are injured due to a driver’s negligence. The driver’s insurance policy typically covers passenger claims.

Will the insurance company automatically offer a fair settlement?

Insurers often propose low initial amounts. An attorney can negotiate on your behalf, presenting evidence that supports a higher car accident settlement figure.

Contact Our Utah Distracted Driving Accident Lawyer for a Free Consultation

Contact our Utah distracted driving accident lawyer for a free consultation

A distracted driver’s split-second error can shatter lives, but you do not have to navigate this ordeal alone.

The team at BAM Personal Injury Lawyers fights to hold negligent motorists accountable and secure the compensation you deserve. Do not forget to check out our previous case results and client testimonials.

We offer a free consultation to discuss your case, answer your questions, and outline a plan of action. Contact us now for your free case review.

KIGAN Martineau
PERSONAL INJURY LAWYER

Kigan Martineau, a seasoned Partner at BAM Injury Law, is a champion for those injured in vehicular mishaps, including car, eScooter, and bicycle accidents. His legal journey is marked by notable victories against major trucking companies like Matheson, UPS, and Swift Transportation, where his strategic litigation has resulted in significant client settlements. 

Notably, Kigan secured the highest settlement in Southern Utah, a record-setting figure that underscores his prowess in the courtroom. His deep-rooted commitment to his clients and his skill in personal injury law have helped recover over $100 million in resolutions, affirming his position as a leader in Southern Utah’s legal landscape.
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