jA Utah family was seriously injured after an Cadillac Escalade with Idaho license plates negligently drove into the family’s lane of travel near Willard, causing their vehicle to veer off the road and roll. According to KSL News report, “Reckless Driver Causes Rollover Accident,” the Escalade fled the scene and Utah Highway Patrol is hoping the public can help track down the driver responsible for this serious accident.

I deeply sympathize with the injured family and am saddened by their unnecessary suffering. I wish them a speedy recovery.

What legal recourse is there against a driver that does not make actual contact with another vehicle, but clearly causes an accident to occur?

Under Utah law, a vehicle that leaves the scene and is not identified, but was the proximate cause of the accident is defined, by statute as an uninsured motorist. The existence of such a vehicle, however, must be established by clear and convincing evidence. In this case there is sufficient evidence as independent witnesses saw the Escalade force the car off the road. Almost every automobile insurance policy has a portion of coverage called Uninsured Motorist Coverage (UM). UM coverage allows accident victims who were injured by an unidentified or uninsured driver to make a claim under their own insurance policy for the full extent of their damages.

The family involved in this accident would be well served by consulting with a Utah uninsured motorist attorney to ensure that all medical bills and other damages, including pain and suffering, are completely covered for an accident that was clearly not their fault.