A TRAX collision can cause serious injuries and complex liability issues. Whether your car was struck at a Midvale crossing, you hit the side of a light rail vehicle, or questions exist about crossing signals and right-of-way, you’re now facing vehicle damage, potential injuries, and confusing liability questions. Light-rail claims are complicated because Utah’s Governmental Immunity Act (the law shielding government entities from many lawsuits when performing governmental functions) protects UTA, and a separate one-year notice deadline applies.
Parker & McConkie Injury Lawyers represents victims of TRAX accidents throughout Midvale and Salt Lake County. We handle UTA immunity issues, the one-year notice requirement, and the narrow statutory exceptions that may allow a claim. Call (801) 418-9797 or schedule a free consultation.
Key Takeaways for Midvale TRAX Accidents
- Utah’s Governmental Immunity Act (Utah Code § 63G-7-201) provides immunity for governmental functions but may be waived for negligent acts or dangerous conditions of public property, except for discretionary functions or latent defects under Utah Code § 63G-7-301.
- You must file a notice of claim with UTA within one year of your accident under Utah Code § 63G-7-402—this deadline is separate from and shorter than the standard personal injury statute of limitations.
- Liability turns on signal status and duties at railroad crossings (Utah Code § 41-6a-1205), equipment performance, and documented law violations.
Understanding TRAX Light Rail in Midvale
The TRAX Blue Line runs through Midvale, connecting downtown Salt Lake City to communities to the south. Midvale’s TRAX crossings experience heavy traffic as vehicles, pedestrians, and light rail trains share roadways. Major Midvale crossings include Fort Union Boulevard (7200 South), 7800 South near Historic Midvale, and other at-grade intersections where vehicles cross train tracks.
At-grade crossings (where trains and vehicles use the same roadway level) increase collision risk. Unlike freight trains that run infrequently, TRAX trains operate on regular schedules throughout the day, increasing interaction frequency with vehicle traffic. Light rail vehicles are quieter than freight trains, making them harder to hear approaching. Trains need long stopping distances even with emergency braking.
Common Causes of TRAX Crossing Accidents in Midvale
Common causes include driver behavior, equipment issues, and operator actions.
Driver Actions Leading to Collisions
Many TRAX accidents result from driver behavior at crossings. Some drivers go through lowered gates or flashing lights, thinking they can clear the tracks. Others become impatient during gate downtimes when trains have passed but gates remain down briefly. Others misjudge train speed and distance.
Distracted driving contributes significantly to TRAX collisions. Drivers looking at phones, adjusting navigation systems, or focused on passengers may not notice activated crossing signals until it’s too late. In heavy commercial traffic, drivers sometimes follow others through crossings without checking for trains.
Crossing Equipment and Signal Issues
Not all TRAX accidents result from driver negligence. Crossing gate malfunctions, warning light failures, and inadequate signage create dangerous conditions. When crossing equipment fails to activate before a train arrives, drivers have no warning to stop. Signals that activate too early or too late can mislead drivers about how close a train is.
Sight line obstructions from buildings, landscaping, parked vehicles, or road design may prevent drivers from seeing approaching trains. Poor roadway design can trap vehicles on the tracks while they wait at a red light. Inadequate lighting at night makes it difficult to see crossing signals or approaching trains.
UTA and Train Operator Actions
UTA sets its own audible warning procedures; there is no statewide statutory horn-use requirement for light rail systems. Operator negligence—excessive speed, failure to sound warning horn, or distraction—may contribute to accidents. However, given the long stopping distances required, train operators often have limited ability to avoid collisions once they see a vehicle on the tracks.
Utah Governmental Immunity and UTA Liability
A central issue in TRAX cases is Utah’s Governmental Immunity Act. This law protects government entities, including the Utah Transit Authority, from lawsuits when performing governmental functions. Utah Code § 63G-7-201 grants governmental entities immunity except where immunity is expressly waived by statute. You cannot sue UTA as you would a private company unless a statutory waiver applies. The default legal position is that UTA is immune unless your case fits within a specific statutory exception.
Exceptions to Governmental Immunity
Certain statutory waivers may apply under Utah Code § 63G-7-301. Immunity may be waived for negligent acts or dangerous conditions of public property, except for discretionary functions or latent defects under Utah Code § 63G-7-301(5). This exception might apply when defective crossing gates, malfunctioning warning signals, obstructed sight lines, or inadequate signage create foreseeable collision risks that UTA knew about but didn’t fix.
To proceed, you must show your claim fits a statutory waiver. That requires evidence that UTA had notice of the condition, the condition caused the crash, and UTA failed to fix it.
The Critical One-Year Notice Requirement
Even if your case fits within a governmental immunity exception, you must comply with strict procedural requirements before filing suit against UTA.
Notice of Claim Deadline
Utah Code § 63G-7-402 requires filing a written notice of claim with the governmental entity within one year of the incident. The notice must include:
- Your name and contact information
- The date, time, and location of the accident
- A description of the circumstances causing your injury or damage
- The nature and extent of your injuries
- The amount of damages you’re claiming
- Names of witnesses and government employees involved
You must serve the notice on UTA’s designated agent as required by Utah Code § 63G-7-401; actual notice or insurance reports do not substitute for formal service, and failure to comply bars suit. Simply calling UTA or filing an insurance claim doesn’t satisfy this requirement.
Why This Deadline Matters
Missing the one-year notice deadline usually bars the claim, regardless of its merits. Courts strictly enforce this requirement. Unlike the four-year statute of limitations for most injury claims, the government notice period is much shorter and strictly enforced. This deadline creates urgency for TRAX accident victims.
While you’re recovering from injuries and dealing with vehicle damage, a critical legal clock is ticking. Many victims learn about the notice rule too late and lose their rights. After you file notice, UTA has time to investigate and respond. You must sue within one year after the claim is denied or deemed denied under Utah Code § 63G-7-403.
Determining Fault in TRAX Crossing Accidents
Fault is often shared among drivers, UTA, and others.
Driver Duties at Railroad Crossings
Drivers must stop when crossing gates are lowered, when red lights are flashing, when a train is approaching within hazardous proximity, or when a flagman signals to stop. Drivers may proceed only when it is safe and they can fully clear the tracks.
Violating these requirements establishes driver negligence. However, driver violations don’t automatically absolve UTA of all liability, particularly when crossing equipment malfunctions contributed to the collision.
UTA’s Duty to Maintain Safe Crossings
TRAX crossings are primarily managed by UTA under local agreements and are not maintained by UDOT; road rules govern driver duties at crossings but not UTA’s maintenance obligations. UTA must maintain crossing equipment, provide adequate warnings, keep sight lines clear, and train operators on safety. When UTA fails—gates don’t activate, signals malfunction, overgrown vegetation blocks views, or operators don’t sound warnings—UTA may share fault for resulting accidents.
Prior complaints, deferred-repair records, or similar crashes at the same crossing can show UTA knew of a danger and failed to fix it.
Comparative Fault Considerations
Utah uses modified comparative fault: a plaintiff may recover only if their fault is 50% or less; if fault exceeds 50%, recovery is barred, and any award is reduced in proportion to fault (Utah Code § 78B-5-818). In TRAX cases, fault allocation might find a driver 30% at fault for distraction while UTA bears 70% fault for malfunctioning crossing gates.
Insurance companies and UTA aggressively argue driver comparative fault to reduce liability exposure. Evidence of equipment failures, inadequate warnings, or UTA negligence can reduce the fault assigned to a driver.
What to Do After a TRAX Accident in Midvale
After a TRAX collision, several important steps can be taken from home to protect your legal claim.
- Gather Documentation: Collect all relevant documents, including police reports, medical records and bills, vehicle repair estimates, rental car receipts, and pay stubs showing lost wages.
- Journal Your Experience: Keep a brief journal detailing your symptoms, limitations on activities, and the daily impact the accident has had on your life.
- Seek Legal Counsel Promptly: Due to the one-year notice deadline and complexities of governmental immunity in TRAX accidents, immediate legal consultation is essential. Do not delay waiting for symptoms to worsen or for insurers to make settlement offers. The crucial notice deadline can pass quickly, making it difficult to pursue a claim later.
- Preserve Evidence: Be aware that TRAX trains have event recorders and signal systems that log critical data. This information should be preserved quickly before it is overwritten. Your legal counsel can assist in this process.
Recoverable Damages in TRAX Accident Cases
When governmental immunity exceptions apply and you successfully pursue a claim against UTA, you may recover economic damages including medical expenses, lost wages, reduced earning capacity, and property damage. Noneconomic damages may include pain and suffering, emotional distress, loss of quality of life, and scarring. However, Utah Code § 63G-7-604 imposes damages caps for claims against governmental entities. These limits adjust periodically.
FAQ for Midvale TRAX Accidents
Can I Sue UTA If the Crossing Gates Were Working and I Drove Through Them?
Driving through activated crossing gates establishes driver negligence, making successful claims against UTA very difficult. However, factors such as short warning time or blocked sight lines may reduce your share of fault. If gates activated with insufficient warning time, if sight line obstructions prevented you from seeing the gates until too late, or if other vehicles blocking your path forced you onto the tracks, these factors might reduce your comparative fault and preserve some recovery.
What If the TRAX Operator Didn’t Sound the Horn Before the Crossing?
UTA sets its own audible-warning procedures; there is no statewide statutory horn-use requirement for light-rail systems. Failure to sound required warnings may establish operator negligence. You must also show the lack of a horn warning caused the crash. Event recorder data from the train showing whether the horn was activated becomes critical evidence.
How Do I Know If Crossing Equipment Malfunctioned?
Signal malfunctions are not always obvious to drivers. Warning systems are designed to activate 20-30 seconds before trains arrive. If gates dropped suddenly with insufficient warning, if lights never flashed, or if you proceeded through the crossing during a gate malfunction you weren’t aware of, equipment failure may have contributed to your accident. Crossing signal systems maintain electronic logs showing activation timing, malfunctions, and maintenance issues. Your attorney can subpoena these records from UTA and the signal maintenance contractor.
What Happens If I Miss the One-Year Notice Deadline?
Missing the one-year notice deadline typically bars your claim against UTA entirely, regardless of liability strength or injury severity. Courts strictly enforce this deadline with very limited exceptions. Some courts have allowed late filing when the governmental entity had actual notice of the claim through other means or when extraordinary circumstances prevented timely filing. These exceptions are rare. The safest approach is treating the one-year deadline as absolute and consulting an attorney immediately after any TRAX accident.
Can I Recover If the Train Hit the Side of My Car While I Was Crossing?
Side-impact collisions—where the train strikes the side of your vehicle rather than your vehicle hitting the front of the train—raise different liability issues. These accidents often involve questions about train speed, horn warnings, crossing signal timing, and driver reaction time. If you entered the crossing when signals weren’t activated and the train struck you mid-crossing, fault depends on whether signals should have been activated sooner, whether the operator was speeding, whether adequate horn warning was provided, and how much time you had to clear the tracks.
Why Choose Parker & McConkie Injury Lawyers for TRAX Accidents
TRAX accidents require legal knowledge that standard car accident experience doesn’t provide. We understand Utah’s Governmental Immunity Act, the exceptions that allow claims against UTA, and how to prove those exceptions apply. We know the one-year notice requirement and ensure timely filing to preserve your rights.
Parker & McConkie Injury Lawyers works on a contingency fee basis—you pay no attorney fees unless we recover compensation for you. Case costs might apply. We offer free consultations to evaluate your TRAX accident, determine whether governmental immunity exceptions apply, and explain the notice filing process.
Don’t let the one-year deadline pass while you’re recovering from injuries and dealing with insurance companies. Call (801) 418-9797 or contact Parker & McConkie Injury Lawyers today. We pursue all compensation available under Utah law, even when governmental immunity makes the case difficult.
