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9980 S. 300 W,
Suite 400
Sandy, UT 84070
175 S Main St
Ste 500
SLC, UT 84111
180 N University Ave
Suite 270
Provo UT, 84601
221 25th St.
Ogden, UT 84401
196 S. 100 W. Suite 350
Logan, UT 84321

If you have suffered a serious injury in an accident, you are likely already well aware of how thoroughly it can change your life for the worse. From draining your finances to damaging your quality of life, few life events are as overwhelming as a catastrophic injury.

Fortunately, Craig Swapp & Associates can bear the brunt of the burden when it comes to handling the legal hurdles keeping you from the compensation you deserve. A Utah personal injury lawyer from our office can ensure that you get fairly compensated while focusing on getting your life back to normal.

Common Personal Injury Accidents in Utah

With few exceptions, nearly any accident that causes a catastrophic injury can qualify you to seek compensation for injury losses and damages. Every injury claim starts with a thorough investigation into what happened, so you will want a personal injury lawyer in Utah on your side who has experience handling claims for a wide variety of different accident types:

Car Accident

In the state of Utah, the approach to handling car accident claims is distinctively guided by the no-fault insurance system. Under this framework, individuals involved in car accidents primarily rely on their own personal injury protection (PIP) insurance to cover medical expenses and lost wages, regardless of which party was at fault for the accident (Utah Code §31A-22-309). This system aims to streamline the process of receiving compensation for injuries, making it unnecessary in many cases to establish fault to recover damages for minor injuries.

However, Utah law also acknowledges situations where the no-fault system may not suffice, particularly in cases of severe injury. If an injured individual’s condition surpasses certain defined thresholds – such as incurring a certain amount of medical expenses, suffering from a disability for a specified period, or experiencing specific types of injuries – they are permitted to pursue a claim directly against the at-fault driver.

Motorcycle Accident

While motorcycle accidents in Utah fall within the broad umbrella of vehicular incidents covered by the state’s no-fault insurance system, there are notable exceptions and specific considerations that apply to motorcyclists.

Unlike occupants of cars, motorcyclists are not covered by PIP insurance. This lack of PIP coverage for motorcyclists means they have the ability to directly file a lawsuit against the at-fault party to seek compensation for their injuries without needing to meet the serious injury threshold that applies in car accident cases.

Additionally, Utah’s helmet law introduces another layer of complexity to motorcycle accident claims. Under Utah Code §41-6a-1506, the use of helmets is mandated for riders under a certain age and recommended for all.

While failure to wear a helmet does not prevent a rider from seeking compensation, it can affect the assessment of damages, particularly if head injuries could have been mitigated by helmet use. This aspect underscores the importance of understanding the nuanced interplay between personal responsibility and legal protections in the context of motorcycle accidents in Utah.

Truck Accident

Truck accidents in Utah stand apart in the realm of personal injury cases due to the intricate legal and regulatory landscape that governs them. These incidents often result in severe, sometimes catastrophic injuries, largely due to the sheer size and weight of commercial trucks compared to passenger vehicles.

The complexity of truck accident cases is further amplified by the potential for multiple parties to be held liable. Responsibility for the accident may not solely rest with the truck driver; it can also extend to the trucking company, cargo loaders, and even the manufacturers of truck parts, should mechanical failure contribute to the accident.

The determination of liability in truck accidents frequently hinges on the intricacies of both federal and state regulations. The trucking industry is subject to an extensive framework of regulations that dictate everything from hours of service to maintenance requirements and cargo securement standards.

These regulations are enforced by the Federal Motor Carrier Safety Administration (FMCSA) at the federal level and are complemented by Utah’s transportation laws.  Violations of these regulations, such as failing to adhere to required rest periods or neglecting proper vehicle maintenance, can serve as evidence of negligence in personal injury claims.

Construction Accident

Construction accidents in Utah present a unique set of legal challenges, primarily due to the hazardous nature of construction work and the intricate legal framework that governs workplace injuries. Individuals injured on construction sites may find themselves navigating a dual pathway to compensation: workers’ compensation claims and third-party liability claims.

Workers’ compensation in Utah is designed to provide injured workers with prompt medical treatment and financial support without the need to prove fault. This system, governed by Utah Code §34A-2-101 et seq., ensures that workers have access to essential benefits following an accident, albeit with limitations on the amount and type of compensation recoverable.

However, workers’ compensation does not preclude the possibility of pursuing additional claims against third parties whose negligence may have contributed to the accident. This might include equipment manufacturers, subcontractors, or other entities not covered under the employer’s workers’ compensation insurance. Such third-party claims can be crucial for recovering damages not available under workers’ compensation, such as full lost wages and pain and suffering.

The regulatory environment, including Utah’s Occupational Safety and Health Act and federal OSHA standards, plays a significant role in establishing the framework for safety on construction sites. Compliance with these regulations is paramount, and violations can significantly impact the outcome of both workers’ compensation and third-party liability claims.

Defective Product

Claims related to defective products are particularly significant due to the potential harm these products can cause to consumers. The Utah Product Liability Act serves as the cornerstone for these claims, providing a legal foundation that allows individuals to seek compensation when they are injured by defective or unsafe products. This comprehensive legislation covers a broad spectrum of claims, including those based on design defects, manufacturing defects, and failures to provide adequate warnings or instructions.

  • Design defect claims focus on inherent flaws in the product’s blueprint or plan that render it unsafe for use, regardless of how carefully it was manufactured.
  • Manufacturing defect claims, on the other hand, arise when errors occur during the production process, resulting in a product that deviates from its intended design in a way that makes it dangerous.
  • Failure to warn claims addresses the issue of products that, while they may be designed and manufactured correctly, lack sufficient instructions or warnings about potential risks, leading to user injury.

The Act not only identifies the types of defects for which claims can be made but also clarifies the parties against whom these claims can be brought. This includes manufacturers, who bear primary responsibility for ensuring their products are safe before they reach the market, as well as distributors and retailers, who can also be held liable under certain circumstances.

Dog Bite

Utah’s approach to dog bite incidents is characterized by a “strict liability rule,” a legal principle that simplifies the process for victims seeking compensation. Under Utah Code §18-1-1, the owner of a dog is held liable for any damage or injury their pet causes, irrespective of the owner’s prior knowledge of the dog’s aggressiveness or propensity to bite. This rule represents a significant departure from the “one-bite” rule followed in some other jurisdictions, where owners might not be held liable for a first bite if they had no reason to believe their dog was dangerous.

The strict liability statute in Utah underscores the responsibility placed on dog owners to ensure their pets do not pose a danger to others. This liability covers not only bites but also other forms of injury that dogs may cause, such as knocking someone over or causing an accident through aggressive behavior.

The application of strict liability facilitates a more straightforward process for victims to recover damages, as they do not need to prove negligence or fault on the part of the dog owner. Instead, demonstrating that the dog caused the injury is sufficient for a claim.

Medical Malpractice

Medical malpractice claims in Utah are intricately structured to ensure that only meritorious cases proceed to court, thereby safeguarding both healthcare professionals and patients. The initiation of a claim is marked by a mandatory pre-litigation panel review process, as delineated in Utah Code §78B-3-416.

This process involves presenting the claim to a panel consisting of legal and medical professionals before any lawsuit can be filed. The panel’s evaluation is not binding but serves to assess the validity of the claim, offering an early opportunity for dispute resolution and possibly deterring unfounded lawsuits.

The statute of limitations for filing a medical malpractice lawsuit in Utah is another critical aspect of the legal framework, requiring that claims be filed within 2 years of the date the injury occurred or was discovered, as specified in §78B-3-404. This time constraint emphasizes the importance of prompt action by individuals who believe they have suffered harm due to medical negligence.

Furthermore, Utah law places a cap on non-economic damages in medical malpractice suits, as outlined in §78B-3-410. While this cap does not limit economic damages, such as medical expenses and lost wages, they are intended to control the cost of malpractice insurance for healthcare providers by preventing the awarding of disproportionately large settlements for non-economic harm.


Slip-and-fall incidents are a common basis for premises liability claims in Utah, with the law placing a considerable emphasis on the responsibility of property owners and occupiers to ensure the safety of their premises. Utah’s premises liability laws mandate that property owners maintain their property in a condition that is reasonably safe for visitors, thereby preventing avoidable accidents.

The determination of liability in slip-and-fall cases often revolves around the property owner’s knowledge of the hazardous condition that led to the accident. The crux of many disputes is whether the property owner was aware of the dangerous situation and failed to take appropriate action to remedy it, or if they should have been aware of it through the exercise of reasonable care.

Additionally, the legal status of the injured person at the time of the accident – whether they were an invitee, licensee, or trespasser – can significantly influence the outcome of the case. Property owners owe different levels of duty to each category of visitor, with the highest duty owed to invitees, who enter the property for mutual benefit. Understanding these nuances is crucial for both potential plaintiffs and property owners in Utah.

Wrongful Death

The concept of wrongful death in Utah encompasses the profound loss experienced by family members or the estate of an individual whose death was precipitated by the negligent or intentional acts of another. Under Utah Code §78B-3-106, the law meticulously outlines the rights of survivors to pursue compensation for their irreplaceable loss, encompassing a wide array of incident types, from vehicle accidents and medical malpractice to defective products and beyond.

This legal provision ensures that those left behind – typically close family members such as spouses, children, and sometimes parents or other dependents – have the means to seek financial redress for both economic and non-economic damages.

The wrongful death statute serves a dual purpose: providing support to those who have suffered an immeasurable personal loss and imposing accountability on those whose actions or negligence led to a life being prematurely ended.

Product Liability

In Utah, the arena of product liability is a significant facet of personal injury law, dedicated to protecting consumers from the harm that defective or dangerous products can cause. As an extension of the overarching principles outlined in the Utah Product Liability Act, claims can be grounded in issues ranging from inherent design flaws and manufacturing defects to the failure of providing adequate warnings or instructions about the proper use of the product.

This comprehensive legal framework is designed to hold manufacturers, distributors, and retailers accountable for ensuring that the products entering the marketplace are safe for use. When a product fails to meet these safety standards, resulting in injury or harm, the law enables consumers to seek compensation for their losses.

By enabling individuals to pursue claims against those who introduce dangerous products into their lives, the Act serves as a vital mechanism for not only compensating victims but also incentivizing companies to prioritize the safety and well-being of their customers.

Common Types of Injuries

There are many types of accident injuries, but some that are considered to be extensive injuries leading to heavy losses are the following:

  • Traumatic Brain Injuries (TBIs)
    These are very serious injuries that lead to cognitive issues and can affect your ability to work for life.
  • Severe Burn Injuries
    Burn injuries can be extremely painful injuries leading to mobility loss, permanent nerve and tissue damage, and scarring.
  • Broken Bone Injuries
    Broken bone injuries can be very serious injuries and may never heal fully, leaving you with pain and mobility issues.
  • Organ and Other Internal Damage
    All internal injuries are serious, and your health could be majorly impacted.
  • Loss of Limb
    The loss of a limb is a traumatic injury that could change your life forever, leading to extensive lifestyle changes for you and your family.
  • Spinal Injuries
    Damage to the spine can be quite serious, even causing partial or total paralysis.

Consult With a Utah Personal Injury Lawyer

If you have suffered an injury in an accident, you cannot afford to take risks with your compensation – your future well-being depends on it. By working with Craig Swapp & Associates, you will benefit from experienced legal representation, a proven track record of success, and substantial legal resources, all of which will be employed to bring your case to the most successful conclusion possible.

Your personal injury case starts with a free consultation to go over the details of your accident with a Utah personal injury lawyer. To arrange a time for yours, simply call 1-866-480-2237 or complete the contact form found at the bottom of this page.