41-6a-401.  Accident involving property damage — Duties of operator, occupant, and owner — Exchange of information — Notification of law enforcement — Penalties.

(1)  As used in this section:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class B misdemeanorup to 6 monthsup to $1,000
For details, see Utah Code § 76-3-204

Terms Used In Utah Code 41-6a-401

  • Freeway: means a controlled-access highway that is part of the interstate system as defined in Section 72-1-102. See Utah Code 41-6a-102
  • Law enforcement agency: means the same as that term is as defined in Section 53-1-102. See Utah Code 41-6a-102
  • Operator: means :
    (a) a human driver, as defined in Section 41-26-102. See Utah Code 41-6a-102
  • Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
  • Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Road: includes :Utah Code 68-3-12.5
  • Roadway: means that portion of highway improved, designed, or ordinarily used for vehicular travel. See Utah Code 41-6a-102
  • Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
  • Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
    • (a)  “Knowledge” or “with knowledge” means, with respect to an individual’s own conduct or to circumstances surrounding an individual’s conduct, that the individual is aware of the nature of the conduct or the existing circumstances.

    (b)  “Reason to believe” means information from which a reasonable person would believe that the person may have been involved in an accident.

(2) 

(a)  The operator of a vehicle with knowledge that the operator was involved in, or who has reason to believe that the operator may have been involved in, an accident resulting only in damage to another vehicle or other property:

(i)  may move the vehicle as soon as possible:

(A)  out of the travel lanes on any roadway to an adjacent shoulder, the nearest suitable cross street, or other suitable location that does not obstruct traffic; or

(B)  off the freeway main lines, shoulders, medians, or adjacent areas to the nearest safe location on an exit ramp shoulder, a frontage road, the nearest suitable cross street, or other suitable location that does not obstruct traffic; and

(ii)  shall remain at the scene of the accident or the location described in Subsection (2)(a)(i) until the operator has fulfilled the requirements of this section.

(b)  Moving a vehicle as required under Subsection (2)(a)(i) does not affect the determination of fault for an accident.

(c)  If the operator has knowledge that the operator was involved in, or reason to believe that the operator may have been involved in, an accident resulting in damage to another vehicle or other property only after leaving the scene of the accident, the operator shall immediately comply as nearly as possible with the requirements of this section.

(3)  Except as provided under Subsection (6), if the vehicle or other property is operated, occupied, or attended by any person or if the owner of the vehicle or property is present, the operator of the vehicle involved in the accident shall:

(a)  give to the persons involved:

(i)  the operator’s name, address, and the registration number of the vehicle being operated; and

(ii)  the name of the insurance provider covering the vehicle being operated including the phone number of the agent or provider; and

(b)  upon request and if available, exhibit the operator’s license to:

(i)  any investigating peace officer present;

(ii)  the operator, occupant of, or person attending the vehicle or other property damaged in the accident; and

(iii)  the owner of property damaged in the accident, if present.

(4)  The operator of a vehicle involved in an accident shall immediately and by the quickest means of communication available give notice or cause to give notice of the accident to the nearest office of a law enforcement agency if the accident resulted in property damage to an apparent extent of $2,500 or more.

(5)  Except as provided under Subsection (6), if the vehicle or other property damaged in the accident is unattended, the operator of the vehicle involved in the accident shall:

(a)  locate and notify the operator or owner of the vehicle or the owner of other property damaged in the accident of the operator’s name, address, and the registration number of the vehicle causing the damage; or

(b)  attach securely in a conspicuous place on the vehicle or other property a written notice giving the operator’s name, address, and the registration number of the vehicle causing the damage.

(6)  The operator of a vehicle that provides the information required under this section to an investigating peace officer at the scene of the accident is exempt from providing the information to other persons required under this section.

(7)  An operator of a vehicle that has knowledge or has reason to believe that the operator may have been involved in an accident and fails to comply with the provisions of this section is guilty of a class B misdemeanor.

Amended by Chapter 149, 2019 General Session
Amended by Chapter 383, 2019 General Session

  Previous section
Next section  
 Part 4 Contents