CALL/TXT UTAH PERSONAL INJURY LAWYER JAKE GUNTER (801) 373-6345
Most Utah car accidents are simple, vanilla negligence. 
A DUI car accident would be an example of gross negligence.
Hitting a child in a school while speeding 5 miles over would be simple negligence, while hitting a child going 70 mph over would be gross negligence.
What is the difference between Gross Negligence and Simple Negligence in Utah?
Simple Negligence. Simple, regular, run-of-the-mill negligence in Utah is defined in Utah Model Jury Instruction CV202A:
“. . . Negligence means that a person did not use reasonable care. We all have a duty to use reasonable care to avoid injuring others. Reasonable care is simply what a reasonably careful person would do in a similar situation. A person may be negligent in acting or in failing to act.
Not acting like a reasonable person under the circumstances is the keystone of all “Tort” law, called personal injury law across Utah and the United States.
Gross Negligence. “In Utah, gross negligence is ‘the failure to observe even slight care; it is carelessness or recklessness to a degree that shows utter indifference to the consequences that may result.’” Penunuri v. Sundance Partners, Ltd., 2017 UT 54, ¶ 35, 423 P.3d 1150, 1159
Matter of Degree—Not Difference Conduct. Gross negligence in Utah is not different conduct than simple negligence but is a matter of degree. It is how far the at-fault party’s conduct deviated from what is reasonable under the circumstances. Not that it is different conduct.
Utah Jury Instruction CV202B Defines Gross Negligence
“You must decide whether Defendant was grossly negligent. Gross negligence means a failure to observe even slight care; it is carelessness or recklessness to a degree that shows utter indifference to the consequences.”
Who Determines if it is Simple Negligence or Gross Negligence in Utah?
The jury. Thank goodness. The judge can only strike (summary judgment) a gross negligence claim if “reasonable minds could not differ” on whether the conduct is merely simple negligence, rather than gross negligence. Otherwise the gross negligence claim goes to the jury for consideration. The jury in a jury trial is the ultimate decider of what gross negligence is and the damages therefrom. The judge in a judge only trial is the ultimate decider of what gross negligence is and the damages therefrom.
Examples of Simple Utah Negligence
Speeding 5 Over in School Zone. If you are speeding 5 miles over in a school zone and hit a child, that likely would be simple negligence. If you were going 70 mph over, that would be gross negligence. ‘
Rear-End Car Accident Provo, UT. A simple rear-end car accident on Provo University Avenue without more would constitute simple negligence. If you were drunk driving at the time of rear-end collision, it would be gross negligence.
Motorcycle Passenger Claim. You are a passenger in a Provo Canyon one bike motorcycle accident. The driver allowing the motorcycle to hit a guard rail is likely simple negligence without more. If the motorcycle driver was going 110 mph and hit a guard rail, that could be gross negligence.
Gross Negligence and the LINK to Punitive Damages.
Simple, vanilla negligence injury cases never allow for punitive damages. Only when gross negligence is proved are punitive damages available. Punitive damages are defined and proved as per Utah’s punitive damages statute—Utah Code 78B-8-201.
How To Prove Negligence in Utah
In order to prove negligence in a Utah personal injury case, there are several elements (requirements) that must be proved.
(1). That the at-fault person owed the injured person a duty of care to act reasonable.
(2). That the at-fault person breached that duty.
(3). That this breach of duty caused the injured person’s injuries.
(4). And finally, that the person was actually hurt.