Orem Motorcyclist Injured in Crash with Local Police
Back on July 1, 2010 at about 12:45 a.m. a motorcyclist was seriously injured at 800 North and 800 East in Orem, Utah. It appears that the motorcyclist was traveling west-bound and the car was heading north-bound turning left onto 800 North. An Orem Police Officer was driving the cruiser while on duty. There was a van also turning left in front of the officer and when the van made his turn the officer followed. Unfortunately the officer pulled directly into the path of the motorcycle.
According to reports that motorcyclist was thrown about 14 feet and struck the pavement. The motorcyclist was taken by ambulance to Utah Valley Regional Medical Center in serious condition.
Although a citation for failure to yield would normally be given to the driver of the vehicle because the driver in this case was a police officer the case has been referred to the local prosecutor. Utah Highway Patrol is investigating the crash.
It is always a concern when a governmental vehicle causes a crash. The Utah Governmental Immunity Act is a complicated piece of legislation that protects the government and their agents if they cause injury during the course of their duties. However, there are waivers to the immunity and in this case the immunity will probably be waived. Furthermore there is only a one year statue of limitations on notifying the governmental entity to preserve the case. Also there are very strict requirements to satisfy the notice requirement.
Apart from having this crash investigated by an independent agency (Utah Highway Patrol) the crash needs to be investigated by an excellent accident reconstructionist retained by the motorcyclist’s attorney.
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