Utah's Good Samaritan Law: When Helping at an Accident Scene Protects You From a Lawsuit
General information, not legal advice. Read the full disclaimer.
Short answer: Under Utah Code § 78B-4-501, a person who renders emergency care at or near the scene of an emergency, gratuitously and in good faith, is not liable for civil damages from any act or omission unless the person is grossly negligent or caused the emergency. "Emergency" includes motor vehicle accidents. A person who uses reasonable force to enter a locked, unattended motor vehicle to remove a confined child is also protected if the statute's conditions are met, including notifying a first responder before entering and staying with the child until a first responder arrives.
Who this guide is for
Bystanders and drivers who want to know whether stopping to help at a Utah crash scene exposes them to a lawsuit — and injured people wondering whether a rescuer who made things worse can be sued.
The core protection
The statute (version effective July 1, 2024; confirm current text) protects a person who:
- provides emergency care — "actual assistance or advice offered to avoid, mitigate, or attempt to mitigate the effects of an emergency";
- at or near the scene of, or during, an emergency; and
- does so gratuitously (without payment) and in good faith.
That person isn't liable for civil damages or penalties for acts or omissions in rendering care, unless grossly negligent or the person caused the emergency. A driver who caused a crash can't claim Good Samaritan protection for the harm they caused.
What "gross negligence" means for a rescuer
The statute doesn't define gross negligence in the text we reviewed. In general, it describes a much greater departure from reasonable care than ordinary negligence. Whether a rescuer's conduct qualifies is a fact question; an attorney can assess it.
Paid professionals and volunteers
The protection is for care rendered gratuitously. Professionals acting in their paid roles aren't covered by this subsection, though other statutes may protect them. First responders are separately defined in the statute for the locked-vehicle provision.
Locked vehicles and children
A person isn't liable for damages for using reasonable force to enter a locked, unattended motor vehicle to remove a confined child when all of these apply:
- the person has a good-faith belief the child is in imminent danger of physical injury or death;
- the person determines the vehicle is locked and there's no reasonable way to remove the child;
- before entering, the person notifies a first responder;
- the person uses no more force than necessary; and
- the person remains with the child until a first responder arrives.
Failing any condition, or causing unnecessary or malicious damage, forfeits the protection.
Government assistance during public-health emergencies
Subsection (3) provides similar protection (unless grossly negligent) for people who gratuitously assist a governmental agency in public-health activities such as controlling epidemic and communicable diseases or responding to declared emergencies.
What it means if you're injured
If a bystander's help caused additional harm, Utah's statute generally bars an ordinary negligence claim against them. That doesn't affect your claim against whoever caused the original emergency — for example, the at-fault driver — and added harm from a rescue attempt may still be part of the damages caused by the original wrongdoer. See What to Do After a Car Accident in Utah and Utah's Comparative Fault Rule.
Practical advice
- Call 911 first. Trained responders are the priority.
- Don't move an injured person unless there's immediate danger (like fire), because moving can worsen injuries; this is general first-aid guidance rather than a legal rule.
- Write down what you did and who you helped, in case questions come up.
Frequently asked questions
Can I be sued for helping at a crash?
The statute protects good-faith, gratuitous emergency care unless you were grossly negligent or caused the emergency.
Can I break a car window for a child in a hot car?
Utah law protects reasonable force only if all of the statute's conditions are met, including notifying a first responder first.
Does it protect the driver who caused the crash?
No; the protection doesn't apply if the person caused the emergency.
Does it protect doctors who help for pay?
Not under this provision; it covers gratuitous care.