Personal Injury · Motorcycle Accidents

Motorcycle Accident Attorney in Southern Utah

Motorcycle accidents in Southern Utah involve unique legal rules that differ from typical car accident cases — motorcycles are excluded from Utah's no-fault PIP system, helmet requirements only apply to riders under 21, and limited lane filtering is permitted under specific conditions. Our motorcycle accident attorneys are led by two Million Dollar Advocates Forum Life Members who understand the Utah-specific framework that governs these cases.

4 Years
Statute of Limitations
Under 21
Utah Helmet Required
No PIP
Motorcycles Excluded
2 ★
MDAF Life Members

Motorcyclists face disproportionate risk on Utah's roads. Despite making up a small percentage of registered vehicles, riders account for an outsized share of serious injury and fatal crashes. When a motorcycle is struck by a passenger vehicle, the physics are devastating — riders have no airbags, no crumple zones, no seatbelts, and minimal protection.

At Ruesch Reeve Werrett & Jones, PLLC, our Southern Utah motorcycle accident attorneys help injured riders navigate the unique Utah legal framework for motorcycle cases. We represent clients across St. George, Hurricane, Cedar City, and surrounding communities throughout Washington, Iron, and Kane counties — including riders injured on scenic routes like Highway 9 to Zion, Highway 14 to Cedar Breaks, and the I-15 corridor.

⚠️ Critical: Motorcycle Cases Differ From Car Accident Cases

Motorcycles are explicitly excluded from Utah's no-fault PIP system under Utah Code § 31A-22-307. This is a significant distinction with both downsides and benefits:

Downside: Motorcyclists cannot claim PIP benefits from their own insurance to cover initial medical expenses — they must pursue the at-fault driver's liability coverage from the start.

Benefit: Utah's threshold rule for non-economic damages does not apply to motorcyclists. Riders can sue for pain and suffering without meeting the $3,000 threshold that car accident victims face.

Two MDAF Life Members on Your Motorcycle Case

Both Travis Dunsmoor and Ben Ruesch are Million Dollar Advocates Forum Life Members — a distinction held by fewer than 1% of U.S. attorneys. Membership requires having achieved million-dollar (or multi-million-dollar) verdicts and settlements for clients.

Travis is also licensed in both Utah and Nevada — uniquely valuable for motorcycle accidents along the I-15 corridor or involving riders crossing the state line between Mesquite and St. George.

Why Motorcycle Accident Claims Are Unique in Utah

Motorcycle cases differ from typical car accident cases in several important ways:

  • No PIP coverage — motorcyclists cannot tap their own no-fault benefits
  • Disproportionate injuries — riders have far higher injury severity per accident
  • Visibility-based defenses — insurers often argue the rider was hard to see
  • Bias against riders — jurors and adjusters sometimes carry assumptions that motorcyclists are reckless
  • Helmet defense doctrine — can affect damages for head injuries specifically
  • Lane filtering law — Utah's HB149 (§ 41-6a-1112) creates a unique liability landscape
  • Threshold rule does not apply — non-economic damages available without meeting $3,000 threshold

Utah Motorcycle Laws: What Every Rider Should Know

Helmet Law (§ 41-6a-1505)

Under Utah Code § 41-6a-1505, only motorcycle operators and passengers under the age of 21 must wear DOT-approved protective headgear. Riders 21 and older are not required to wear a helmet under Utah law.

This is different from many states that set the age at 18 or require helmets for all riders. The helmet must meet specifications established under § 41-6a-1502 (DOT FMVSS 218 compliant).

Eye Protection (§ 41-6a-1503)

Eye protection is required for all motorcycle riders regardless of age unless the motorcycle is equipped with a windshield. This includes glasses, goggles, or a protective face shield.

Class M Endorsement (§ 53-3-202)

A motorcycle endorsement (Class M) is required on a Utah driver license to legally operate a motorcycle on public roads. To obtain the endorsement, riders must either:

  • Pass both a written motorcycle test and a skills test, OR
  • Complete an approved motorcycle safety course (Basic RiderCourse)

Lane Filtering — HB149 (§ 41-6a-1112)

Utah is one of only a handful of states that permits limited lane filtering. Under Utah Code § 41-6a-1112, motorcyclists may filter between stopped vehicles under specific conditions:

Lane Filtering Condition Requirement
Roadway type Two or more lanes in the same direction
Posted speed limit 45 mph or less
Other vehicle status Vehicles being passed must be stopped
Motorcycle speed 15 mph or less while filtering

Filtering between moving vehicles is not permitted — that's lane splitting, and it remains illegal in Utah. The distinction matters in accidents involving filtering or splitting maneuvers.

Daytime Headlight Requirement

Utah law requires motorcycles to have headlights on at all times during operation. Most modern motorcycles do this automatically via daytime running lights.

The Helmet Defense and Comparative Fault

One of the most common defense tactics in Utah motorcycle cases is the helmet defense — arguing that a rider's failure to wear a helmet (when not legally required) contributed to head injuries specifically.

Under Utah's modified comparative fault rule (§ 78B-5-818), if you are less than 50% at fault, you can still recover damages — reduced by your percentage of fault. The helmet defense could reduce damages for head injuries specifically, but does not:

  • Eliminate the at-fault driver's liability for causing the accident
  • Affect recovery for non-head injuries (broken bones, road rash, etc.)
  • Affect property damage recovery
  • Apply at all to riders who were 21 or older and not legally required to wear a helmet

Common Causes of Motorcycle Accidents in Utah

Most motorcycle accidents are caused by drivers of other vehicles — not by motorcyclists themselves. Common causes include:

  • Left-turn accidents — most common type. Another driver fails to see the motorcycle and turns into its path
  • Unsafe lane changes — drivers changing lanes without checking blind spots
  • Rear-end collisions at intersections — drivers not slowing for stopped motorcycles
  • Distracted driving — texting, phone use, in-car infotainment
  • Impaired driving — alcohol, drugs, prescription medications
  • Road hazards — gravel, sand, oil slicks, potholes, debris — especially common after Southern Utah monsoon storms
  • Wildlife strikes — deer and other animals, particularly on rural highways at dawn and dusk
  • Visibility issues — sun glare, poor lighting, weather conditions
  • Speeding by other vehicles — closing rates on motorcycles are difficult to judge
  • Failure to yield — drivers misjudging motorcycle speed or distance

Common Motorcycle Accident Injuries

Without the protection of an enclosed vehicle, motorcyclists are vulnerable to severe injuries:

  • Traumatic brain injuries (TBI) — concussions through severe brain trauma
  • Spinal cord injuries and paralysis
  • Road rash and severe lacerations — can require skin grafts and cause permanent scarring
  • Broken bones and fractures — particularly arms, legs, ribs, pelvis, and collarbone
  • Internal organ damage
  • Amputations — limb crushing injuries can result in surgical amputation
  • Facial injuries and disfigurement — especially without a full-face helmet
  • "Biker's arm" — permanent nerve damage from instinctively bracing during a fall
  • Burn injuries — from hot engine components or pavement contact
  • Emotional trauma and PTSD

For severe cases, see our catastrophic injury page.

Compensation Available After a Motorcycle Accident

Economic Damages

  • Past and future medical expenses — often substantial in motorcycle cases
  • Lost wages and reduced earning capacity
  • Property damage — motorcycle repair or replacement, gear (helmet, jacket, gloves)
  • Rehabilitation and physical therapy
  • Long-term care — for catastrophic injuries

Non-Economic Damages (No Threshold Required)

Because motorcycles are excluded from Utah's PIP system, the threshold rule does not apply. Motorcyclists can pursue:

  • Pain and suffering
  • Mental anguish and emotional distress
  • Loss of enjoyment of life
  • Loss of consortium
  • Permanent disability and disfigurement

Wrongful Death

If a loved one died in a motorcycle accident, surviving family members may recover damages under Utah Code § 78B-3-106. Wrongful death claims have a two-year deadline.

What to Do After a Motorcycle Accident in Southern Utah

  1. Get medical attention immediately — even for injuries that seem minor. Adrenaline can mask significant trauma, and motorcycle injuries often have delayed onset
  2. Call 911 and ensure a police report is generated — under § 41-6a-401, accidents with injury or property damage of $2,500+ must be reported
  3. Document the scene if safely possible — photos of vehicles, position, road conditions, gravel or debris that may have contributed
  4. Get contact information for witnesses — independent witnesses are particularly valuable in motorcycle cases where bias is common
  5. Preserve damaged gear — helmet, jacket, boots, gloves — they may serve as evidence of impact
  6. Do NOT give recorded statements to the at-fault driver's insurer before consulting an attorney
  7. Preserve all medical records, prescriptions, and bills
  8. Contact a motorcycle accident attorney — to address the unique no-PIP framework

Motorcycle Riding in Southern Utah: Unique Considerations

Southern Utah is one of the most popular motorcycle riding destinations in the country — but that popularity creates specific case considerations:

  • Scenic routes attract motorcycle tourism — Highway 9 to Zion, Highway 12 (All-American Road), Highway 89 through Kanab, Highway 14 to Cedar Breaks all see heavy seasonal motorcycle traffic
  • Twisty mountain roads — elevation changes, blind curves, and switchbacks combine with high speeds
  • Monsoon storm hazards — sudden afternoon storms create gravel and debris washouts on scenic routes
  • Wildlife concerns — deer strikes are common on rural highways, especially at dawn and dusk
  • Hot pavement — summer asphalt temperatures can affect tire traction
  • I-15 commercial traffic — heavy trucks combined with high speeds create unique risks for riders
  • Out-of-state riders — Many motorcycle accident victims are tourists. Travis Dunsmoor is licensed in Utah and Nevada — useful for riders coming from Las Vegas, Mesquite, or other regional starting points

Your Southern Utah Motorcycle Accident Attorneys

Travis Dunsmoor, Personal Injury Attorney

Travis Dunsmoor

★ MDAF Life Member · UT & NV

Lead personal injury attorney. JD Washburn 2013. ~10 years NV practice. Read full bio →

Ben Ruesch, Founding Partner

Ben Ruesch

★ MDAF Life Member · UT & AZ

Founding & Managing Partner. JD cum laude La Verne 2009. Read full bio →

Serving Motorcycle Riders Across Southern Utah

Our Hurricane office serves motorcycle accident clients throughout the region:

  • Washington County — St. George, Hurricane, Washington City, Ivins, Santa Clara, La Verkin, Toquerville, Springdale
  • Iron County — Cedar City, Enoch, Parowan, Paragonah, Brian Head
  • Kane County — Kanab, Orderville, Big Water

Related Personal Injury Cases We Handle

Utah Motorcycle Accident FAQ

How long do I have to file a motorcycle accident claim in Utah?

Most Utah motorcycle accident injury claims are subject to a four-year statute of limitations under Utah Code § 78B-2-307.

Shorter deadlines apply in specific situations:

  • Wrongful death: 2 years from date of death (§ 78B-3-105)
  • Government vehicle/employee: 1-year notice of claim required (§ 63G-7-402)

Because motorcycle accidents frequently involve disputes over fault and severe injuries, consulting an attorney early helps preserve evidence and meet all deadlines.

What is Utah's motorcycle helmet law?

Under Utah Code § 41-6a-1505, motorcycle operators and passengers under the age of 21 must wear DOT-approved protective headgear. Riders 21 and older are not required to wear a helmet under Utah law.

This is different from many states that set the age at 18 or require helmets for all riders. The helmet must meet specifications established under § 41-6a-1502.

Eye protection is required for all motorcycle riders regardless of age under § 41-6a-1503, unless the motorcycle is equipped with a windshield.

Are motorcycles covered by Utah's no-fault PIP system?

No. Motorcycles are explicitly excluded from Utah's no-fault Personal Injury Protection (PIP) system under Utah Code § 31A-22-307. This is a significant distinction from car accidents.

Because motorcyclists cannot claim PIP benefits from their own insurance, they must pursue the at-fault driver's liability coverage from the start.

The flip side is that Utah's threshold rule for non-economic damages does not apply to motorcyclists — they can sue for pain and suffering without meeting the $3,000 threshold that car accident victims face.

Is lane splitting legal in Utah?

Lane splitting (riding between moving lanes of traffic) is illegal in Utah.

However, Utah does permit limited lane filtering under Utah Code § 41-6a-1112, passed as HB149 in 2019. Motorcyclists may filter between stopped vehicles under specific conditions:

  • Road must have two or more lanes in the same direction
  • Posted speed limit must be 45 mph or less
  • Vehicles being passed must be stopped
  • Motorcyclist must travel no more than 15 mph

Filtering between moving vehicles is not permitted.

Can not wearing a helmet affect my motorcycle accident claim?

If you were riding without a helmet and you were 21 or older, you were not in violation of Utah's helmet law and have not committed any negligent act per se.

However, defense attorneys may raise the helmet defense — arguing that not wearing a helmet contributed to head injuries specifically. Under Utah's modified comparative fault rule (§ 78B-5-818), this could reduce damages for head injuries, but it does not:

  • Eliminate your right to recover for other injuries or property damage
  • Affect recovery for broken bones, road rash, or non-head injuries
  • Relieve the at-fault driver of liability for causing the accident
What is Utah's motorcycle endorsement requirement?

Utah requires a motorcycle endorsement (Class M) on a driver license to legally operate a motorcycle on public roads, under Utah Code § 53-3-202.

To obtain the endorsement, riders must:

  • Pass a written motorcycle knowledge test AND skills test, OR
  • Complete an approved motorcycle safety course (Basic RiderCourse)

Riders without a proper endorsement may face challenges with their claim — though it does not eliminate their right to recover from a negligent driver who caused the crash.

What are common causes of motorcycle accidents in Utah?

The most common causes of motorcycle accidents in Utah include:

  • Left-turn accidents — most common type; another driver fails to see the motorcycle
  • Unsafe lane changes
  • Rear-end collisions at intersections
  • Distracted driving by passenger vehicle operators
  • Impaired driving
  • Road hazards (gravel, sand, debris — especially after monsoon storms)
  • Wildlife strikes (deer on rural Southern Utah highways)
  • Visibility issues

Most motorcycle accidents are caused by drivers of other vehicles, not by the motorcyclists themselves.

Should I speak with the insurance company before talking to a lawyer?

No. Motorcycle accident insurance adjusters are trained to minimize payouts and often try to shift fault to the rider. Common tactics include:

  • Asking for recorded statements that can later be used against you
  • Suggesting the rider was speeding or "couldn't be seen"
  • Pressuring early lowball settlements before the full extent of injuries is known
  • Raising the helmet defense to reduce damages

Once you sign a release, you typically cannot pursue additional compensation later. Consulting a motorcycle accident attorney before any communication with the at-fault driver's insurer protects your claim.

Get In Touch

Talk to a Southern Utah Motorcycle Accident Attorney

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