Utah is one of the safer states to drive in, and it can boast one of the lowest DUI accident rates in the nation. Its distracted driving penalties are some of the nation’s harshest, and, perhaps as a consequence, its overall accident rates have recently declined to some of the lowest rates that the state has enjoyed during the last 40 years.
Distracted Driving Restrictions
Utah bans both texting and handheld electronic devices for all drivers, subject to narrow exceptions such as necessary communication during medical emergencies. The fine for violating these restrictions can hit $750 and you can be jailed for up to three months. The most serious penalties are generally reserved for drivers with prior offenses or who cause accidents through distracted driving.
In the Event of an Accident
If you are involved in an accident while engaged in distracted driving, an injured party could sue you for damages. A useful strategy for your opponent under Utah law would be to:
- Prove that you were engaged in distracting behavior at the time of the accident – texting, talking on a cell phone, or even playing a computer game would all be sufficient.
- Prove that your distracting behavior was a substantial cause of the accident (it doesn’t have to be the sole cause).
- Prove that your distracting behavior was a violation of Utah law (for example, you were texting and there was no medical emergency)
If the opposing party proves all of this, you could still try to prove that your actions were reasonable under the circumstances. You would need to claim that although your behavior was illegal, under the circumstances, it did not constitute negligence sufficient to justify you being held liable for damages. Another way to avoid liability would be to prove that the accident was at least 50 percent the other party’s fault. Remember that you could be found negligent under certain circumstances even if you were legally talking on a cell phone at the time of the accident.
If you are the one who was injured, the amount of damages you would be eligible to receive would be reduced in proportion to your fault, if any. If your damages were $10,000, for example, and you were 20 percent at fault, you would recover only $8.000 ($10,000 – 20 percent).
Employer Liability
If you are an employer who employs drivers, you could be held liable for your employee’s on-duty distracted driving accident in two ways:
- Vicarious liability. Employers are generally held liable without fault for the wrongs committed by their on-duty employees.
- Direct liability: If you were texting your employee while he was on the road, and if he had an accident while reading your text, you could be held partly responsible for the accident in your own right.
Criminal Charges
If someone was killed or seriously injured in the accident, distracted driving could result in criminal charges against you. This could result in up to 15 years in prison and a $10,000 fine. In a criminal trial, however, the prosecutor would need proof beyond a reasonable doubt in order to win a conviction. This standard is considerably higher standard than the “preponderance of evidence” standard used in civil lawsuits.
– Updated through September 1, 2016