Auto insurers doing business in Utah are concerned about a proposed law absolving drivers of liability if they have the right-of-way or green signal to make left turns, but strike an oncoming vehicle that did not obey a red light signal.
The Utah State Senate voted against HB 144 on February 9, but left the bill open to be reconsidered.
If passed, the bill, by allowing less attentive driving, could drive up the cost of auto claims, and in turn the cost of auto insurance, according to an insurance industry association official.
"Not knowing how drivers will react to this change in the law makes it impossible to say exactly how many more crashes (and claims for injuries and property damage) will occur," stated Lyn Elliott, assistant vice president for state government relations at the American Property Casualty Insurance Association (APCIA), in a written response to questions.
"The point here is that we believe this bill could undermine the duty that all drivers maintain proper lookout and control of their vehicle, and that's just not good public policy when it comes to auto safety."
Currently, Utah law states that a driver turning left who is able to avoid collision with another vehicle or pedestrian is obligated to do so. Elliott and APCIS state that HB 144 could be interpreted to mean that a driver's right of way on a green light is absolute.
"All drivers have a duty to avoid hitting other cars, objects, or people when they have an opportunity to stop," Elliott stated in a press release. "Having the right of way does not mean you are not required to control your car or that you are entitled to hit things that get in your way."
