Utah Code 72-7-301. Liability for damage to highway, highway equipment, or highway sign — Liability for damage to highway from illegal operation of oversize or overweight vehicles — Recovery
Current as of: 2024 | Check for updates
|
Other versions
(1) A person who by any means willfully or negligently injures or damages any highway, highway equipment, or highway sign is liable for the damage.
Terms Used In Utah Code 72-7-301
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Highway: means any public road, street, alley, lane, court, place, viaduct, tunnel, culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the public, or made public in an action for the partition of real property, including the entire area within the right-of-way. See Utah Code 72-1-102
- Highway authority: means the department or the legislative, executive, or governing body of a county or municipality. See Utah Code 72-1-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
(2) A person who operates or moves any vehicle or object on any highway is liable for all damage that the highway sustains from:(2)(a) any illegal operation or movement of a vehicle or object; and(2)(b) any vehicle or object that exceeds the maximum size, weight, or load limitations specified by law, with or without authority of an oversize or overweight permit.(3)(3)(a) Except under Subsection (3)(b), if the operator is not the owner of the vehicle or object but is operating or moving the vehicle or object with the express or implied permission of the owner, the owner and operator are jointly and severally liable under Subsection (2) for any damage caused to a highway by the operation or movement of the vehicle or object.(3)(b) An operator who is not the owner of the vehicle or object and who under an express or implied condition of his employment or any privilege related to his employment is required to operate or move a vehicle or object in violation of Part 4, Vehicle Size, Weight, and Load Limitations, is not liable for any damage caused to a highway by the illegal operation or movement of the vehicle or object.(4) The value of the property damaged may be recovered in a civil action brought by the highway authority having jurisdiction over the property damaged.(5)(5)(a) For purposes of this section, the value of the damaged property includes the full cost to:(5)(a)(i) repair the damaged property; or(5)(a)(ii) replace the damaged property with a replacement that is functionally equivalent to the property that was damaged.(5)(b) Except for the replacement of a damaged motor vehicle, the costs described in Subsection (5)(a) may not be reduced based on the depreciated value of the damaged property at the time the damage occurs.