When you’re injured in a car accident, the process of recovering compensation can feel overwhelming, especially if there’s any question about who was at fault. In Utah, the outcome of your personal injury claim can be directly affected by a legal principle known as comparative negligence.
Understanding how this law works is crucial if you want to protect your rights and maximize your recovery. A knowledgeable Utah car accident lawyer can guide you through the claims process and help you avoid costly mistakes that could reduce your compensation.
What Is Comparative Negligence?
Comparative negligence is a legal rule used to determine how much compensation you’re entitled to if you are partially responsible for your injuries. Under this doctrine, your financial recovery may be reduced based on your percentage of fault for the accident.
Utah follows a modified comparative negligence system, which means you can still recover damages as long as your share of fault is 49% or less. Also, if you are found to be 50% or more at fault, you cannot recover compensation from the other party.
For example, if you’re awarded $100,000 in damages but are found to be 20% at fault, your compensation would be reduced to $80,000. If you’re 50% or more responsible, you get nothing.
How Fault Is Determined in Utah Car Accident Cases
Determining fault is one of the most important aspects of a personal injury claim. Insurance companies and attorneys look at many factors when evaluating liability, including:
- Police reports and traffic citations
- Statements from drivers and witnesses
- Surveillance or dash cam footage
- Vehicle damage and skid mark analysis
- Accident reconstruction expert testimony
Because the allocation of fault can make or break your claim, it’s critical to have a Utah car accident lawyer who can build a strong case and protect your interests.
Common Scenarios Involving Shared Fault
Comparative negligence often comes into play when both drivers may have contributed to the crash in some way. Here are a few common examples:
The rear driver is usually considered at fault, but if the lead driver suddenly slammed on the brakes or had non-functioning brake lights, they may bear some responsibility. A driver making a left turn is typically at fault, but if the oncoming driver was speeding or ran a red light, fault may be shared. If both drivers were changing lanes or merging at the same time, fault could be split between them depending on the circumstances. In each of these cases, your attorney’s job is to present clear evidence that reduces your percentage of fault and supports your compensation claim.
Insurance companies are well aware of Utah’s comparative negligence laws, and they often use them to reduce or deny valid claims. If they can shift even a small percentage of fault onto you, they lower the amount they have to pay. In some cases, they may try to argue that you’re more than 50% at fault, which would bar you from recovering anything at all.
A skilled Utah car accident lawyer will push back against these tactics by conducting an independent investigation, challenging inaccurate or biased police reports, and presenting expert testimony to support your version of events, negotiating assertively to protect your share of liability
Without an attorney, you may unknowingly say something to an adjuster that gets twisted and used to increase your level of fault and reduce your settlement.
The Importance of Evidence in Proving Fault
Since Utah’s comparative negligence system requires fault to be carefully assessed, evidence is everything. The more detailed and credible the evidence, the stronger your case. After a crash, be sure to:
- Take photos of the scene, vehicles, injuries, and road conditions
- Obtain the names and contact info of witnesses
- Request a copy of the police report
- Document everything related to your injuries and recovery
- Avoid posting on social media about the accident
Your Utah car accident lawyer will also obtain available surveillance footage, secure black box data if applicable, and work with experts to reconstruct the crash.
What If Multiple Parties Are Involved?
In multi-vehicle accidents or crashes involving commercial vehicles, fault may be distributed among several parties. Utah allows injured victims to pursue compensation from any party who is partially responsible, as long as your own share of the fault does not exceed 49%.
Your attorney will determine whether other parties, such as a trucking company, vehicle manufacturer, or government entity, share liability. This can increase the amount of available compensation and reduce your own exposure to blame.
Your Right to Compensation in Utah
Even if you’re partially at fault, you may still be entitled to significant compensation for your losses. A personal injury claim may include emergency medical treatment and ongoing care. physical therapy, medications, and surgeries, lost wages and diminished earning capacity, pain and suffering, emotional distress, property damage, and permanent disability or disfigurement.
A Utah car accident lawyer will ensure that all aspects of your injury, economic and non-economic, are factored into your claim.
If you’ve been injured, you may receive a quick settlement offer from the insurance company. While it may be tempting to accept it and move on, doing so could cost you thousands. Initial offers are almost always far lower than what your claim is truly worth.
Insurance companies want to settle fast, before you realize the full extent of your injuries or speak to an attorney. A lawyer will evaluate the actual value of your claim, advise whether a settlement offer is fair, handle negotiations to improve your compensation, and take your case to court if the insurer refuses to offer a fair amount
The goal is not just to settle but to get what you deserve.
Speak With a Utah Car Accident Lawyer Today
If you’ve been injured in a car accident and the fault is being disputed, don’t leave your financial recovery to chance. Utah’s comparative negligence law can significantly impact the outcome of your case, and the insurance company will use it to their advantage if you’re not prepared.
At Flickinger Boulton Robson Weeks, our experienced legal team is here to protect your rights, gather the evidence you need, and fight for every dollar to which you are entitled. Call us today at (801) 704-7834 for a free consultation with a trusted Utah car accident lawyer and take the first step toward justice and financial recovery.
