BAM Injury Law compiled this reference on Utah wrongful death law and fatal accident data from the Utah Department of Public Safety, NHTSA, and Utah Code. Updated annually.
Utah Fatal Accident Statistics
- Utah averages 260 to 290 traffic fatalities per year (Utah DPS, NHTSA FARS data).
- Commercial truck crashes account for a disproportionate share of fatal crashes on I-15, I-80, and US-6.
- Falls are the leading cause of accidental death for Utahns over age 65, accounting for thousands of fatalities annually (CDC).
- Workplace fatalities in Utah average 30 to 40 per year (Utah Labor Commission / BLS).
- Drowning, poisoning, and fire are among the leading causes of non-vehicle accidental death statewide.
Utah Wrongful Death Law
Utah's wrongful death statute is found at Utah Code Section 78B-3-106. Key rules:
- Who can file: The heir or personal representative of the deceased person. Heirs include the spouse, children, and parents. If no heir survives, the estate representative may file.
- Statute of limitations: Two years from the date of death (Utah Code Section 78B-2-304). This is strictly enforced. Missing the deadline permanently bars any recovery, regardless of how clear the liability is.
- Damages available: Medical expenses incurred before death, funeral and burial costs, lost future earnings and benefits, loss of companionship and consortium, and pain and suffering the deceased experienced before death.
- No cap on damages: Utah does not cap wrongful death damages in personal injury cases. There is a cap on damages in medical malpractice wrongful death cases under Utah Code Section 78B-3-410.
- Comparative fault applies: Under Utah Code Section 78B-5-818, if the deceased was partially at fault for the accident that caused their death, damages are reduced by their percentage of fault. Recovery is barred if the deceased was 50% or more at fault.
- Survival claims: A separate survival claim (Utah Code Section 78B-3-107) allows the estate to recover for conscious pain and suffering the deceased experienced between the injury and death.
Common Wrongful Death Causes BAM Injury Law Handles
- Car and truck accidents: The leading cause of wrongful death claims. Commercial carrier cases involve additional federal liability under FMCSA regulations.
- Slip and fall fatalities: Fall-related deaths, particularly in elderly victims. Premises liability applies to property owners who failed to maintain safe conditions.
- Workplace accidents: Construction falls, equipment failures, and toxic exposure. Workers' compensation provides a baseline recovery but does not bar third-party negligence claims against non-employer defendants.
- Defective products: Vehicle defects (tire blowouts, brake failures, airbag malfunctions), defective equipment, and unsafe consumer products.
- Medical malpractice: Governed by a separate statute with different rules, caps, and pre-litigation requirements under Utah Code Section 78B-3-410 and the Utah Health Care Malpractice Act.
What Families Should Do After a Wrongful Death in Utah
- Contact an attorney before speaking with any insurance company. Insurance adjusters for the at-fault party will attempt to contact the family quickly and settle for the lowest possible amount.
- Preserve all evidence: dashcam footage, surveillance video, ELD data (in truck cases), maintenance records, and witness contact information.
- Do not sign any release or settlement agreement without legal review. Early settlement offers are typically far below the full value of the claim.
- Keep all medical bills, funeral expenses, and financial records documenting the deceased's income history.
- Remember the two-year deadline. It begins on the date of death, not the date of the accident.
Contact BAM Injury Law
Attorney Kigan Martineau represents wrongful death families throughout Utah and Idaho. Every case is handled personally from intake through resolution. No fee unless we win. Call (801) 839-5652.
Sources
- Utah Department of Public Safety -- Annual Crash Reports
- NHTSA FARS
- CDC -- Injury Prevention and Control
- Utah Labor Commission / Bureau of Labor Statistics
- Utah Code Ann. §§ 78B-2-304, 78B-3-106, 78B-3-107, 78B-3-410, 78B-5-818
