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Understanding the Difference Between Gross Negligence and Simple Negligence in Utah
In Utah, most car accidents involve what’s called simple negligence. For example, a minor speeding violation that leads to a collision would typically be classified as simple negligence. In contrast, situations involving extreme carelessness, such as a DUI accident, often qualify as gross negligence due to the heightened risk posed to others.
What is Simple Negligence in Utah?
According to Utah Model Jury Instruction CV202A, simple negligence occurs when a person does not use reasonable care to prevent injury to others. It’s defined as failing to act as a “reasonably careful person” would in a similar situation. Simple negligence forms the basis of most personal injury cases, where the focus is on whether a reasonable person would have acted differently.
Defining Gross Negligence in Utah
In Utah, gross negligence goes beyond simple negligence, involving a lack of even slight care or a reckless disregard for the possible consequences. As described in Utah Jury Instruction CV202B and upheld in Penunuri v. Sundance Partners, gross negligence shows “utter indifference” to the risks involved.
Unlike simple negligence, gross negligence opens the door to punitive damages, allowing injured parties to seek additional compensation as outlined in Utah Code 78B-8-201.
Who Decides Negligence Type in Utah Personal Injury Cases?
Ultimately, the jury decides whether an action was simple or gross negligence, unless it is so clear-cut that “reasonable minds could not differ.” In cases that go to trial, the jury’s assessment of negligence type significantly impacts potential damages.
Examples of Simple vs. Gross Negligence in Utah
To illustrate the difference between gross negligence and simple negligence, consider these scenarios:
- School Zone Accident: Hitting a child while going 5 mph over the speed limit could be seen as simple negligence. However, if a driver hits a child going 70 mph over the limit, it may rise to negligence.
- Rear-End Collision: A typical rear-end accident on Provo’s University Avenue would likely involve simple negligence. But if the driver was intoxicated, it would be classified as negligence.
- Motorcycle Passenger Injury: If a motorcycle passenger is injured because the driver hits a guardrail, that might be simple negligence. However, if the driver was going 110 mph, it would likely be deemed gross negligence.
Proving Negligence in Utah
For any negligence claim, several elements must be proven:
- The at-fault person owed a duty of care.
- The duty was breached by failing to act reasonably.
- This breach caused the injuries.
- The injuries are documented and verified.
Get the Compensation You Deserve 
If you’ve been injured due to another’s negligence, contact Utah Car Accident Lawyer Jake Gunter at 📞 (801) 373-6345 for expert guidance and a free consultation.
Learn More About Utah Accident Lawyer Jake Gunter
For additional insights on Utah personal injury law and to get to know Jake Gunter better, check out these helpful videos:
- Meet Jake Gunter – Learn more about Jake Gunter’s background, experience, and dedication to helping clients throughout Utah.
- How to Choose a Utah Personal Injury Attorney – This video offers guidance on selecting the right personal injury attorney to ensure you receive effective representation.
- What Jake Gunter Does and Who He Represents – Discover the types of cases Jake Gunter handles and how he advocates for the rights of injured individuals statewide.
These resources will provide you with valuable information as you consider your legal options. For any questions or to schedule a free consultation, feel free to reach out to us directly.