A truck accident lawyer Herriman Utah residents can call after a semi-truck crash does three things fast: sends a preservation letter before the carrier’s driver logs are legally destroyed, identifies every liable party (driver, motor carrier, cargo loader, maintenance shop), and protects your claim under Utah’s four-year injury deadline, its modified comparative fault rule, and the no-fault threshold that decides whether you can recover pain and suffering at all.
Last updated: September 2026
Key Takeaways
- Trucking companies only have to keep driver hours-of-service logs for 6 months and daily inspection reports for 3 months under federal rules, so evidence in a Herriman truck accident case can legally disappear while you are still in physical therapy.
- Utah gives you 4 years to file a personal injury lawsuit and 2 years for wrongful death, but a claim against a city, county, or UDOT truck requires a written notice of claim within 1 year.
- Utah is a modified comparative fault state: you recover nothing if your share of fault is 50% or more, and each defendant pays only its own percentage.
- Federal law requires most interstate carriers to carry at least $750,000 in liability coverage, which is 25 times Utah’s $30,000 minimum for a passenger car.
- Because Utah is a no-fault state, you must clear a threshold (a fracture, permanent injury, or more than $3,000 in medical bills) before you can sue for general damages.
- Jeremy Eveland handles truck accident cases for people in Herriman, Riverton, Bluffdale, and across the southwest Salt Lake Valley on a contingency fee. Call (801) 613-1472.
Why Do Truck Accidents in Herriman Utah Need a Different Kind of Lawyer?
A collision with a commercial truck is not a big car accident. It is a case against a business that is regulated by a separate body of federal law, insured under different minimum limits, and represented by adjusters and defense counsel who begin working the day of the crash. A truck accident lawyer Herriman Utah victims hire has to know the Federal Motor Carrier Safety Regulations, Utah’s comparative fault statute, and the insurance rules that govern how and when you get paid.
Herriman sits in the southwest corner of the Salt Lake Valley, and the city’s own community profile notes that the Mountain View Corridor runs 7 miles through the city, with Redwood Road and fast access to Bangerter Highway carrying regional freight and commuter traffic. Herriman reports that 13400 South at Rosecrest Road carried about 24,100 vehicles a day in 2022 and 12600 South at Main Street carried about 20,900 a day in 2025. Commercial trucks, dump trucks serving the city’s construction growth, and delivery fleets share every one of those roads with families.
Under Utah Code 72-9-103, the Utah Department of Transportation adopts the Federal Motor Carrier Safety Regulations by reference. That means the same federal hours-of-service, inspection, and drug-testing rules that bind an interstate carrier also bind a Utah-only trucking company operating in Herriman.
Utah Code 72-9-103, Motor Carrier Safety Act
That single fact changes the entire case. A local gravel hauler that never leaves Salt Lake County is still measured against federal driving-time limits, vehicle inspection duties, and post-crash testing rules. When those rules are broken, the violation becomes powerful evidence of negligence. I have written more broadly about the mechanics of these claims on my trucking accidents page and my semi-truck accident law firm page. This article is specific to Herriman.
What Should You Do in the First 72 Hours After a Truck Accident in Herriman?
The order matters, because the trucking company’s response is already underway.
1. Get medical care and follow through
Utah’s no-fault system, discussed below, makes documented medical treatment the gateway to your claim. Delays and gaps in treatment are the first thing an adjuster uses to argue you were not really hurt. Go to the emergency room or urgent care, then keep every follow-up appointment.
2. Make sure the crash is reported to law enforcement
Utah Code 41-6a-401.3 requires every driver involved in an injury accident to stop, and Utah Code 41-6a-401.7 requires the driver to exchange name, address, vehicle registration, and insurer information, render reasonable aid, and immediately notify the nearest law enforcement agency. Whether the responding agency is Herriman’s police department or the Utah Highway Patrol on a state route, the crash report and any citation issued to the truck driver are foundational evidence.
3. Photograph everything the tow truck will erase
Skid marks, debris fields, the resting positions of both vehicles, the truck’s USDOT number and company name on the door, its license plates, and the load. If you are unable to do this, ask a passenger or family member.
4. Do not give a recorded statement to the trucking company’s insurer
You have a duty to cooperate with your own insurer. You have no duty to give the carrier’s adjuster a recorded interview, and doing so before you understand your injuries is how honest people accidentally minimize their own claims.
5. Call a truck accident lawyer Herriman Utah trusts before the evidence retention clocks expire
This is the step people underestimate. The next section explains why.
Why Does Evidence in a Herriman Utah Truck Accident Case Disappear So Quickly?
Federal regulations set minimum retention periods for trucking records, and carriers are not required to keep anything longer than the minimum unless they receive a preservation demand or a lawsuit. The periods are short.
| Record |
Federal rule |
Minimum retention |
Why it matters |
| Driver record of duty status (hours-of-service logs) and supporting documents |
49 CFR 395.8(k)(1) |
6 months |
Proves whether the driver exceeded the 11-hour driving or 14-hour on-duty limits |
| Driver vehicle inspection reports (DVIRs) and repair certifications |
49 CFR 396.11(a)(4) |
3 months |
Shows whether known brake, tire, steering, or lighting defects were reported and repaired before the truck was sent out |
| Carrier accident register and copies of accident reports |
49 CFR 390.15(b) |
3 years |
Reveals the carrier’s crash history and pattern of prior accidents |
| Post-accident alcohol and drug test results |
49 CFR 382.303 |
Test must occur within 8 hours (alcohol) or 32 hours (drugs) of the crash when required |
If the employer skipped a required test, that failure is itself evidence |
Electronic logging device data, dash camera footage, onboard telematics, GPS pings, and dispatch messages are not always covered by a retention rule at all, and many fleets overwrite video within days. An experienced truck accident lawyer Herriman Utah clients retain sends a written spoliation letter to the motor carrier, its insurer, and any third-party telematics vendor immediately, and follows it with a court order if the case is filed. Once a carrier is on notice and destroys evidence anyway, Utah courts can sanction the carrier and instruct the jury accordingly.
I explain the general stages of these claims on my stages of a personal injury claim page. In trucking cases the evidence-preservation stage is compressed into the first weeks.
Which Federal Trucking Rules Decide Fault in a Herriman Truck Accident?
Four sets of rules come up in nearly every case.
Hours of service (49 CFR 395.3)
A property-carrying driver may drive a maximum of 11 hours only after 10 consecutive hours off duty, may not drive beyond the 14th consecutive hour after coming on duty, must take a 30-minute break after 8 cumulative hours of driving, and may not drive after 60 on-duty hours in 7 days or 70 hours in 8 days. A 34-hour off-duty period restarts the weekly clock. The full text is at 49 CFR 395.3. Fatigue violations are proven by comparing the electronic logs against fuel receipts, toll records, bills of lading, and cell phone data, which is why 49 CFR 395.11 requires drivers to turn in supporting documents within 13 days.
Driver qualification (49 CFR Part 391)
Part 391 requires carriers to keep a driver qualification file with the driver’s application, motor vehicle record checks, road test, medical examiner’s certificate, and annual review. A carrier that put a driver with a disqualifying history behind the wheel faces a negligent hiring and retention claim separate from the driver’s own negligence.
Vehicle inspection, repair, and maintenance (49 CFR Part 396)
Drivers must prepare a written report at the end of each day listing any defect in service brakes, parking brake, steering, lights, tires, horn, wipers, mirrors, coupling devices, wheels, and emergency equipment. The carrier must repair any safety defect before the vehicle is operated again. Brake-out-of-adjustment and tire failure cases are usually won or lost on these records.
Post-accident drug and alcohol testing (49 CFR 382.303)
An employer must alcohol-test a surviving driver after any fatal crash, and after any crash where the driver is cited within 8 hours and someone received medical treatment away from the scene or a vehicle was towed. The drug-testing window after a citation is 32 hours. If the alcohol test is not done within 2 hours the employer must document why, and after 8 hours it must stop trying. A missing test is a fact a jury is entitled to hear.
Utah’s own rules also apply. Under Utah Code 72-9-102, a Utah intrastate commercial vehicle is generally one with a gross weight rating of 26,001 pounds or more, while the interstate definition starts at 10,001 pounds. Both are covered by UDOT’s adoption of the federal regulations.
Who Can Be Held Liable for a Truck Accident in Herriman Utah?
Passenger car cases usually have one defendant. Truck cases can have five or six, and Utah’s fault-allocation statute makes it essential to name every one of them.
| Potential defendant |
Theory of liability |
Key evidence |
| Truck driver |
Negligent driving, hours-of-service violations, distraction, impairment |
Crash report, ELD logs, phone records, post-accident tests |
| Motor carrier (trucking company) |
Vicarious liability for the driver; negligent hiring, training, supervision, and retention; negligent maintenance |
Driver qualification file, DVIRs, maintenance records, safety rating |
| Owner-operator or lessor of the tractor or trailer |
Negligent maintenance, negligent entrustment |
Lease agreement, inspection history |
| Shipper or cargo loader |
Improper loading, overweight or unsecured cargo causing rollover or shifting loads |
Bills of lading, weigh tickets, loading procedures |
| Maintenance contractor |
Negligent brake, tire, or coupling repair |
Work orders, invoices, inspection reports |
| Vehicle or component manufacturer |
Product defect (brakes, tires, underride guards). Two-year deadline from discovery under Utah Code 78B-6-706. |
Recall data, failure analysis, expert inspection of preserved parts |
| Government entity (city, county, UDOT) |
Government-owned truck, or a dangerous road design or signal defect |
Notice of claim within 1 year under Utah Code 63G-7-402 |
The trucking company’s identity is often not obvious from the crash report. The name painted on the door, the USDOT number on the cab, the registered owner of the trailer, and the company that dispatched the load can be four different entities. I run the USDOT number through the FMCSA SAFER company snapshot to identify the carrier of record, its insurance on file, its fleet size, and its inspection and crash history.
If the at-fault vehicle was a work truck owned by a business rather than a licensed motor carrier, the analysis overlaps with the business liability issues I cover on my business lawyer Herriman Utah page, including the question of whether the driver was an employee acting within the scope of employment or an independent contractor.
How Does Utah’s Comparative Fault Rule Affect a Herriman Truck Accident Claim?
Utah Code 78B-5-818 is the statute the defense will use against you, and it works like this:
- Your own fault does not automatically bar recovery, but you recover only if the combined fault of the defendants (plus any immune parties and nonparties to whom fault is allocated) exceeds your own. In plain terms, at 50% fault you get nothing; at 49% you recover 51% of your damages.
- Each defendant pays only its own percentage of fault. Under Utah Code 78B-5-820 there is no joint liability and no contribution between defendants. If the driver is 70% at fault and the cargo loader is 30%, and the loader has gone out of business, you cannot collect the loader’s 30% from the carrier.
- Under Utah Code 78B-5-821(4), a defendant can ask the jury to assign fault to a nonparty, but only by filing a description of that nonparty’s fault no later than 90 days before trial. Defense lawyers use this “empty chair” tactic to push fault onto phantom drivers and unnamed contractors.
- Under Utah Code 78B-5-818(4)(a), when an unidentified vehicle (a hit-and-run or “phantom” vehicle) is blamed, its existence must be proven by clear and convincing evidence, which may consist solely of one person’s testimony.
Two practical consequences follow for any truck accident lawyer Herriman Utah victims work with. First, you want every responsible party actually in the case, with its own insurance, so that no percentage of fault lands on an empty chair. Second, the defense’s opening move in almost every truck case is to argue that you merged too slowly, followed too closely, or were in the truck’s blind spot. A good investigation answers that argument with physics, not opinion. The full statute is at Utah Code 78B-5-818.
What Insurance Actually Pays After a Herriman Truck Accident?
There are three layers, and they pay in a specific order.
Layer 1: Your own PIP coverage
Utah is a no-fault state for the first dollars. Under Utah Code 31A-22-307, personal injury protection on your own auto policy pays at least $3,000 in medical expenses, the lesser of $250 per week or 85% of lost gross income for up to 52 weeks, up to $20 per day for household services for up to 365 days, $1,500 in funeral benefits, and a $3,000 death benefit. PIP has no deductible, and under Utah Code 31A-22-309(5) the insurer must pay within 30 days of receiving reasonable proof of the expense. Your PIP carrier pays even when the trucker is entirely at fault.
Layer 2: The trucking company’s liability policy
This is where the real recovery comes from, and it is far larger than an ordinary auto policy. Under 49 CFR 387.9, a for-hire interstate carrier hauling nonhazardous property in a vehicle rated 10,001 pounds or more must carry at least $750,000 in liability coverage, and carriers hauling oil or hazardous materials must carry $1,000,000 or $5,000,000 depending on the cargo. Compare that with Utah Code 31A-22-304, which for policies issued on or after January 1, 2025 requires only $30,000 per person and $65,000 per accident in bodily injury coverage for a private passenger vehicle. Many carriers hold $1,000,000 or more and add excess or umbrella layers above that.
Layer 3: Your own uninsured and underinsured motorist coverage
If the truck was a small local operation with minimal coverage, or the driver was uninsured, your own UM and UIM coverage under Utah Code 31A-22-305 and 31A-22-305.3 fills the gap. Under Utah Code 31A-22-309(1)(b), the no-fault threshold does not apply to a UM claim.
The no-fault threshold you must clear
Under Utah Code 31A-22-309(1)(a), a person covered by PIP may not sue for general damages (pain, suffering, loss of enjoyment of life) unless the crash caused death, dismemberment, permanent disability or permanent impairment based on objective findings, permanent disfigurement, a bone fracture, or medical expenses over $3,000. In a truck crash the threshold is usually crossed on the first day at the hospital, but documenting it properly is still your lawyer’s job.
One quirk worth knowing: under Utah Code 31A-22-302(2), trailers and semitrailers are exempt from the PIP requirement. Your PIP comes from your own policy, not the truck’s.
What Compensation Can a Truck Accident Lawyer Herriman Utah Recover for You?
Utah allows recovery of both special (economic) and general (noneconomic) damages once the threshold is met. In a truck case those categories typically include:
- Past and future medical expenses, including surgery, rehabilitation, prosthetics, and long-term care for spinal cord and brain injuries.
- Lost wages and loss of future earning capacity, including for self-employed people and business owners whose companies lost revenue while they recovered.
- Pain, suffering, and loss of enjoyment of life.
- Permanent disfigurement and impairment.
- Property damage to your vehicle and its contents. Utah Code 78B-2-307(3) gives you four years to sue for vehicle damage from a motor vehicle accident.
- Loss of consortium for a spouse in qualifying cases.
- Wrongful death damages, discussed separately below.
Utah also allows prejudgment interest on special damages actually incurred. Under Utah Code 78B-5-824, the rate is two percentage points above the prime rate published on the first business day of January of the year judgment is entered, with a floor of 5% and a ceiling of 10%. In a tier 1 case the plaintiff must have tendered a written settlement demand no more than one and one-third times the eventual judgment to claim it, which is one reason the settlement demand in a truck case is drafted carefully rather than inflated. Punitive damages are available under Utah Code 78B-8-201 only on clear and convincing evidence of willful and malicious or intentionally fraudulent conduct, or conduct that manifests a knowing and reckless indifference toward, and a disregard of, the rights of others, which occasionally fits a carrier that knowingly ran a driver past the hours limits. That heightened standard does not apply when the truck driver was operating while voluntarily intoxicated or under the influence of drugs.
How Long Do You Have to File a Truck Accident Lawsuit in Utah?
| Type of claim |
Deadline |
Utah statute |
| Personal injury (negligence) |
4 years from the crash |
78B-2-307(4) |
| Vehicle and personal property damage |
4 years |
78B-2-307(3) |
| Wrongful death |
2 years from the death |
78B-2-304(3) |
| Product liability (defective truck part) |
2 years from discovery of the harm and its cause |
78B-6-706 |
| Claim against a government entity (city, county, UDOT vehicle or road defect) |
Written notice of claim within 1 year; lawsuit within 2 years and not before 60 days after the notice |
63G-7-402 and 63G-7-403 |
| Suit on your own PIP policy |
4 years after inception of loss |
31A-22-307(7) |
The four-year window is generous on paper and misleading in practice. The evidence retention periods above run in months, not years, and insurers treat a late-filed claim as a weak one. The right time to contact a truck accident lawyer Herriman Utah residents rely on is within days of the crash, not within years.
What If a Family Member Died in a Truck Accident Near Herriman?
Under Utah Code 78B-3-106, when a death is caused by the wrongful act or neglect of another, the decedent’s heirs, or the personal representative of the estate for the benefit of the heirs, may bring a wrongful death action against the person who caused the death and against that person’s employer. Utah Code 78B-3-105 defines heirs to include the surviving spouse, children, natural or adoptive parents, certain dependent minor stepchildren, and, if none of those survive, blood relatives under the intestacy law.
The two-year deadline under 78B-2-304(3) is half the ordinary injury deadline, and because the action is often brought by a personal representative, a probate estate may need to be opened first. I handle both sides of that: the wrongful death claim and the estate administration. See my probate attorney Herriman Utah page and my guide on what to do immediately after someone dies in Utah.
What Does Working With Truck Accident Lawyer Herriman Utah Jeremy Eveland Look Like?
I represent injured people and families from Herriman and the surrounding communities of Riverton, Bluffdale, South Jordan, and West Jordan. My West Jordan office at 8833 S Redwood Road, Suite A is a short drive up Redwood Road from Herriman, and I also meet clients at my Lindon office in Utah County. Here is how a case proceeds.
Free case evaluation and contingency fee
The initial consultation is free. Truck accident cases are handled on a contingency fee, which means no attorney fee unless there is a recovery, and case costs such as expert witnesses and accident reconstruction are advanced and recovered from the settlement or judgment.
Immediate preservation and investigation
Spoliation letters go out to the carrier, its insurer, the driver, and any telematics or camera vendor. I obtain the crash report, request the FMCSA carrier profile, and where warranted retain an accident reconstructionist to download the truck’s engine control module and inspect the vehicles before they are repaired or scrapped.
Medical documentation and damages
I coordinate with your treating providers to document the injuries against the no-fault threshold and build the economic damages claim, including future medical costs and lost earning capacity, often with the help of a life care planner or economist in serious cases.
Demand, negotiation, and litigation
Most truck cases resolve through negotiation, but the carrier’s insurer only pays full value when it is convinced the case is trial-ready. If the offer does not reflect the case, the lawsuit is filed in the Third Judicial District Court, which serves Salt Lake County, and proceeds through discovery, depositions of the driver and the carrier’s safety director, expert disclosures, mediation, and, if necessary, trial. My litigation and civil litigation attorney pages describe the process in more detail, and my alternative dispute resolution page explains how mediation works in Utah.
Liens and net recovery
Health insurers, Medicaid, Medicare, and PIP carriers may assert reimbursement rights against the settlement. Part of my job is negotiating those liens down so that more of the recovery reaches you.
How Is a Truck Accident Different From a Car Accident Under Utah Law?
| Issue |
Car accident |
Commercial truck accident |
| Governing safety rules |
Utah Traffic Code (Title 41, Chapter 6a) |
Utah Traffic Code plus the Federal Motor Carrier Safety Regulations adopted under Utah Code 72-9-103 |
| Minimum liability coverage |
$30,000 per person / $65,000 per accident (policies from January 1, 2025) |
$750,000 and up for regulated interstate carriers under 49 CFR 387.9 |
| Typical defendants |
One driver |
Driver, carrier, owner-operator, shipper, loader, maintenance shop, manufacturer |
| Evidence |
Crash report, photos, witnesses |
All of that plus ELD logs, DVIRs, driver qualification file, ECM data, dash cam, dispatch records, drug and alcohol tests |
| Evidence retention risk |
Low |
High: 6-month log retention and 3-month DVIR retention under federal rules |
| Injury severity |
Varies |
Disproportionately catastrophic because of the weight differential |
| Defense posture |
Individual insurer |
Carrier rapid-response team, often on scene the same day |
A truck accident lawyer Herriman Utah drivers hire should also know when a case is not a trucking case. If your crash involved a passenger vehicle rather than a commercial truck, my car accident attorney Herriman Utah page addresses those cases, and my motorcycle accident attorneys page covers riders.
Common Types of Truck Accidents on Herriman Roads
- Rear-end collisions at signals on 13400 South and 12600 South, where a loaded truck’s stopping distance far exceeds a car’s.
- Merge and lane-change crashes on the Mountain View Corridor and Bangerter Highway, frequently blamed on the car being in the truck’s blind spot. The truck driver’s duty to check mirrors and signal does not disappear because the vehicle is large.
- Dump truck and construction vehicle collisions tied to the city’s ongoing residential development, including unsecured loads and backing accidents. These often raise the separate question of whether the truck was operated by a subcontractor, which I address on my construction lawyer Herriman Utah page.
- Rollovers and jackknifes on curves and ramps, usually traced to speed, improper loading, or brake imbalance.
- Underride crashes, where a car slides beneath a trailer. These are often product liability cases involving the trailer’s rear or side guards.
- Wide-turn crashes at intersections, where a right-turning truck swings left first and traps a vehicle.
Truck Accident Lawyer Herriman Utah and the Southwest Salt Lake Valley
Trucking cases do not respect city limits, and neither does my practice. In addition to Herriman, I handle truck accident cases for people in West Jordan, Taylorsville, Kearns, and throughout Salt Lake City and Utah County, including Payson. For Herriman residents with other legal needs, my office also handles estate planning, real estate, contracts, and family law matters.
Frequently Asked Questions About Truck Accidents in Herriman Utah
How long do I have to file a truck accident lawsuit in Utah?
Four years from the date of the crash for personal injury under Utah Code 78B-2-307(4), and two years for wrongful death under Utah Code 78B-2-304(3). If a government-owned truck or a road defect is involved, you must file a written notice of claim within one year under Utah Code 63G-7-402.
How much does a truck accident lawyer Herriman Utah charge?
Nothing up front. I handle truck accident cases on a contingency fee, which means the attorney fee is a percentage of the recovery and is paid only if the case settles or wins at trial. The initial consultation is free.
Can I still recover if I was partly at fault for the truck accident?
Yes, as long as your share of fault is less than 50%. Under Utah Code 78B-5-818 your recovery is reduced by your percentage of fault, and you recover nothing if your fault equals or exceeds the combined fault of everyone else.
What is the minimum insurance a trucking company must carry?
Under 49 CFR 387.9, a for-hire interstate carrier hauling nonhazardous property in a vehicle rated 10,001 pounds or more must carry at least $750,000 in liability coverage. Carriers hauling oil or hazardous materials must carry $1,000,000 or $5,000,000 depending on the cargo.
Does Utah’s no-fault law stop me from suing a trucking company?
Only for general damages, and only until you meet the threshold. Under Utah Code 31A-22-309 you can sue for pain and suffering once the crash causes death, dismemberment, a permanent injury based on objective findings, permanent disfigurement, a bone fracture, or more than $3,000 in medical expenses. Economic damages are not subject to the threshold.
Should I talk to the trucking company’s insurance adjuster?
No. You are not required to give the carrier’s insurer a recorded statement, and anything you say can be used to reduce your claim. Report the crash to your own insurer, get medical care, and let your lawyer handle communication with the carrier and its insurer.
What evidence does a truck accident lawyer collect?
The crash report, the driver’s electronic logs and supporting documents, driver vehicle inspection reports, the driver qualification file, post-accident drug and alcohol test results, engine control module data, dash camera footage, dispatch and telematics records, the carrier’s FMCSA safety history, and witness statements. Much of this must be requested in writing within weeks because federal retention periods are as short as three months.
Who pays my medical bills right after a truck accident in Utah?
Your own PIP coverage pays first, at least $3,000 in medical expenses plus wage loss and other benefits under Utah Code 31A-22-307, regardless of fault. Bills beyond PIP are pursued against the trucking company’s liability insurer and, if needed, your own underinsured motorist coverage.
Hurt in a truck accident in Herriman or anywhere in the Salt Lake Valley? The trucking company’s team is already working. Yours should be too.
Request a free case evaluation or call or text (801) 613-1472. Offices in West Jordan and Lindon, Utah.
Written by Jeremy Eveland, an attorney licensed in Utah, Nevada, California, and Texas. He represents injured people in truck accident, car accident, and wrongful death cases from offices in West Jordan and Lindon, Utah.
This article is general information about Utah and federal law as of the date above, not legal advice, and reading it does not create an attorney-client relationship. Deadlines and insurance rules depend on the facts of each case. Contact an attorney about your specific situation.
