Robert J. DeBry and Associates has fought for injured Utah motorcycle riders for over four decades. Our experience and reputation make us a firm Utah riders turn to after a serious crash.
If an insurance adjuster has already told you the crash was your fault, they may be wrong. Robert J. DeBry & Associates represents injured riders across Utah, with free consultations and no fee unless we win. What you do in the first 48 hours can directly affect your claim, especially when liability is disputed or your injuries are severe.
This page explains how Utah motorcycle accident claims work: the Utah motorcycle laws that can affect your case, comparative negligence, common crash types, injury severity, insurance negotiations, the compensation that may be available, and how our firm handles the legal process after a serious crash.
Call Robert J. DeBry & Associates at 801-888-8888 for a free consultation, available 24/7. No fee unless we win your case.
Motorcycle claims raise questions that car accident claims do not. These pages go deeper on the issues riders ask about most.
Rider bias is a common tactic in motorcycle accident claims. Adjusters frequently open a motorcycle file from a different starting position than they would a car accident file, assuming the motorcyclist was speeding, weaving, or otherwise responsible. That assumption is not the law.
Utah is a comparative negligence state. Under Utah Code 78B-5-818, fault is allocated by percentage and your compensation is reduced by your percentage of fault. Being 25 percent at fault reduces your recovery by 25 percent. If you are 50 percent or more at fault, your recovery is zero. That is the 50 percent bar rule, and it gives insurance companies a financial incentive to push a rider’s fault percentage as high as they can.
Utah law also makes clear that riders have the same rights as drivers of other vehicles. Under Utah Code 41-6a-1502, motorcycles are entitled to full use of a lane and other vehicles may not deprive them of it. Comparative negligence can reduce compensation only when the evidence actually supports it, not when an adjuster simply assumes it.
Motorcycle cases differ from car accident cases in three ways, and each one affects what an injured rider can recover.
Utah does not require no-fault Personal Injury Protection on motorcycle policies the way it does for passenger vehicles. Auto policies typically include PIP that pays medical bills regardless of fault. Motorcycle policies generally do not unless the rider added it. Injured motorcyclists often rely on the at-fault driver’s liability coverage or their own uninsured and underinsured motorist coverage to address medical expenses, lost wages, and damage to the bike. Learn more about how coverage works and how much you need.
Riders face a higher risk of severe injury than car occupants because they have none of the structural protection an enclosed vehicle provides. Utah trauma data for 2018 through 2022 reported an average Injury Severity Score of 9.8 for motorcycle incidents, among the highest of any crash type. Motorcycle crashes commonly produce broken bones, head injuries, road rash, and spinal cord damage.
Because motorcycles are smaller and less visible, liability is contested more often. Utah Highway Safety Office data shows that 56 percent of motorcycle crashes involve another vehicle, frequently where a driver failed to yield or turned improperly. Even when the other party was clearly negligent, insurers still dispute fault, which is why serious motorcycle cases often require accident reconstruction experts.
Our attorneys represent motorcycle accident victims in every type of crash that happens on Utah roads.
The most common serious motorcycle crash involves a driver turning left across the path of an oncoming motorcycle. Proving the driver failed to yield, and that the rider had the right of way, can require traffic camera footage, witness statements, and intersection geometry analysis.
Drivers who fail to check mirrors or blind spots strike riders in adjacent lanes. Physical damage patterns on both vehicles help establish the point of impact and identify the liable parties.
When someone opens a car door into traffic and a rider has no time to react, liability typically rests with the person who opened the door, though an insurer may still raise comparative negligence over the rider’s speed.
A rear-end collision can throw a rider from the bike, producing severe injuries and complex questions about following distance, distraction, and fault.
Potholes, uneven pavement, debris, and missing signage can cause a crash for which a government entity responsible for road maintenance bears responsibility. These claims carry special notice requirements and much shorter deadlines than an ordinary injury claim.
When the at-fault driver has no insurance or insufficient coverage, uninsured and underinsured motorist coverage becomes essential. We help injured riders file and negotiate those claims.
Utah Code 41-6a-1505 requires riders and passengers under 21 to wear a DOT-approved helmet meeting federal safety standards. Riders 21 and older are not required to wear one. The statute also addresses how helmet non-use is treated in civil cases, which is covered in more detail on our helmet law page.
Under Utah Code 41-6a-704, riders may filter between stopped vehicles on roads with two or more lanes in the same direction where the speed limit is 45 miles per hour or less, at speeds no greater than 15 miles per hour. Lane splitting, meaning moving between vehicles in flowing traffic, is illegal in Utah. Violating either rule is an infraction that can also affect your claim. Get the details on whether lane splitting is legal in Utah.
A valid motorcycle endorsement is required to ride legally in Utah, and riding without one is a traffic offense. Eye protection is required unless the motorcycle has a windshield meeting state specifications.
Utah’s statute of limitations for a motorcycle accident injury claim is four years from the date of the crash, under Utah Code 78B-2-307. If your crash involved a government entity, such as a defective roadway maintained by the state, a county, or a city, a written notice of claim is required on a much shorter timeline and the action itself must be filed sooner. Property damage claims run on their own deadline. Four years sounds like ample time, but evidence degrades quickly, so acting early protects the claim. For a deeper look at deadlines, see our page on understanding statutes of limitations in automobile accidents.
Motorcycle crashes involve complications around bias and injury severity that other cases do not. Our process is built to address both.
You will hear from your legal team regularly, not only at milestones.
We handle motorcycle claims under Utah personal injury law, working to recover compensation for medical expenses, lost wages and lost income, emotional distress, physical pain, property damage, and, in the most tragic cases, wrongful death claims. In cases involving especially reckless or grossly negligent conduct, punitive damages may also be available.
Robert J. DeBry & Associates handles motorcycle accident cases statewide. Our attorneys represent riders in Salt Lake City, Sandy, Cottonwood Heights, Provo, Orem, Ogden, Logan, Tooele, Park City, and Layton, covering Salt Lake County, Utah County, Davis County, Weber County, Cache County, Summit County, and beyond. Our offices are at 35 West Broadway, Suite 300 in Salt Lake City and 45 West Sego Lily Drive, Suite 401 in Sandy.
If your injuries prevent you from traveling to an office, we come to you, whether that means a hospital room, your home, or a video call.
If you suffered serious injuries, if the insurer disputes liability, or if an adjuster is pressuring you to accept a quick settlement, speaking with an attorney protects your rights. Utah’s comparative negligence system under Utah Code 78B-5-818 means fault percentages directly affect how much you can recover, so understanding your position before you respond to an insurer matters.
Motorcycle policies in Utah are not required to carry no-fault Personal Injury Protection the way passenger vehicle policies are, so the coverage that pays medical bills regardless of fault generally is not there unless the rider added it. Injured riders usually rely on the at-fault driver’s liability insurance or their own uninsured and underinsured motorist coverage. Learn more about Utah’s no-fault law.
Not wearing a helmet does not automatically prevent you from pursuing a claim, and Utah Code 41-6a-1505 includes provisions addressing how helmet non-use is treated in civil cases. How that applies to any particular claim is fact-specific, and insurers may still raise the issue in negotiations, so it is worth discussing your specific circumstances in a consultation.
In most cases the driver making the left turn bears primary fault for failing to yield to oncoming traffic, including motorcycles. Proof depends on traffic signals, witness statements, and road geometry. Comparative negligence can reduce your compensation if the insurer establishes you were partially at fault, for example through evidence of excessive speed.
Four years from the date of the crash for an injury claim under Utah Code 78B-2-307. Claims involving government entities, such as those arising from defective roadways, carry shorter deadlines and mandatory advance notice. Do not wait, because evidence degrades and witnesses become harder to locate.
We work on a contingency fee basis, which means no attorney fee unless there is a recovery. Costs such as expert reports and filing fees are typically advanced by the firm. The specific fee and cost terms are set out in a written fee agreement and explained during your free consultation before you sign anything.This is general information, not legal advice. Contacting Robert J. DeBry & Associates or submitting a form does not create an attorney-client relationship.
Browse our complete library of Utah motorcycle accident guides.