Car accidents can happen in an instant, leaving you with injuries, vehicle damage, and many questions about what to do next. You may be sure that the other driver caused the crash, but then you start to wonder if a small mistake on your part, like going slightly over the speed limit or glancing away for a second, could affect your claim. The thought of being blamed, even partially, can be stressful, especially when dealing with medical bills and car repairs.
The good news is that Utah’s comparative negligence laws allow injured victims to seek compensation even if they share some of the blame. This means that even if you were partially at fault, you may still recover damages for your injuries. Understanding how this law works can make a big difference in your case.
At Flickinger Boulton Robson Weeks, our Orem personal injury lawyers have helped many people in Orem and across Utah with complex accident claims.
If you are worried about how your own actions might affect your claim, we are here to help. Keep reading to learn how comparative negligence works and how our team can guide you through the process to protect your rights.
In Utah, the concept of comparative negligence recognizes that more than one person might be responsible for an accident.
This is especially important in personal injury cases because it allows an injured party to collect damages even if they played a role in causing the incident. However, the rules do place certain limits on recovery, depending on the percentage of fault assigned to each party.
Utah follows something called modified comparative negligence. This means you can still recover compensation as long as you are found to be less than 50 percent at fault for an accident.
If your share of fault reaches 50 percent or more, you cannot collect any damages at all. This rule differs from “pure” comparative negligence, where a plaintiff can recover damages even if they are found to be mostly at fault. In Utah, the threshold is stricter, so it is crucial to keep your fault percentage below 50 percent.
Under this law, the compensation you receive is reduced by the percentage of your fault. For instance, imagine you are in a car accident in Orem and a jury determines your total damages are $100,000.
If the jury also finds you 20 percent at fault, you would be able to recover $80,000, or 80 percent of your total damages. This system attempts to be fair, recognizing that both parties contributed to the accident. However, it is also important to note that if your share of fault is found to be 50 percent or more, you recover nothing.
Comparative negligence laws aim to encourage personal responsibility. If a plaintiff’s own mistakes contribute to their injury, they should bear some financial consequences. At the same time, it prevents an injured person from being denied compensation entirely just because they are partly at fault.
This balanced approach allows courts to consider all the details of a case. By doing so, Utah hopes to avoid extreme unfairness. For example, a small oversight should not wipe out a valid claim if the other party bears the majority of the blame.
Some people assume that admitting even a little fault means they cannot recover anything. This is not true under Utah’s modified system, as long as that fault is below 50 percent. Others might think fault percentages are decided solely by the insurance companies.
In reality, they can be hotly debated, especially if the case goes to court. Judges and juries will look at police reports, witness statements, and other evidence to decide how fault should be divided. Because of this, good representation can be essential.
Determining fault in personal injury cases is rarely straightforward. Different parties often tell different stories, and insurance companies might try to shift blame. Understanding how fault is assigned can help you see why it is vital to gather strong evidence and work with legal counsel.
If an accident happens, law enforcement officers are usually among the first people to investigate. They take statements from those involved, interview witnesses, and document physical evidence like skid marks or vehicle damage.
Their report can influence how fault is initially viewed, but it is not always the final word. For example, the officer’s observations might miss certain details, or they might weigh conflicting witness statements differently than a judge or jury would.
Insurance companies also conduct their own reviews. An adjuster may call you, hoping you will offer information that reduces their liability. Sometimes, they will interpret events in a way that increases your percentage of fault.
They could argue that you were driving too fast, not paying attention, or ignoring traffic rules. Because insurance companies aim to pay out as little as possible, they might try to highlight any evidence that shifts blame away from their policyholder. This is why being careful about what you say is so important.
Beyond police reports and eyewitness accounts, additional evidence plays a big role in determining fault. Photos from the accident scene or surveillance footage can show exactly what happened.
Expert testimony from accident reconstruction specialists might clarify the positions of vehicles, stopping distances, or reaction times. In more complex cases, experts can create simulations that illustrate how an accident occurred. If a slip and fall is involved, building maintenance records, safety inspection logs, or even architectural plans might be relevant.
Once all this evidence is gathered, either the insurance companies or the court will make a final decision about fault percentages. Sometimes, settlements are reached without a full trial. In these negotiations, each side argues about how much of the blame falls on you.
If an agreement cannot be reached, the case may go before a judge or jury, who will decide. Knowing how to present evidence in a clear, logical way is essential at this stage. An Orem personal injury lawyer can highlight key facts that reduce your portion of the blame or show that the other party is more responsible.
Being honest about your actions is crucial. If you hide facts or lie, you could lose credibility and damage your case. Meanwhile, acknowledging small mistakes early can build trust and help your lawyer address them in a straightforward way.
This transparency can prevent big surprises later. It can also show that you are taking responsibility for your part, which might make insurance companies more willing to negotiate fairly.
Comparative negligence directly affects the amount of compensation you can receive in a personal injury case. Even if you successfully prove that another party caused your injury, your own level of fault can reduce the final damages.
This is why understanding the impact of comparative negligence is so important. If you are not prepared, you might face surprises during settlement negotiations or trial proceedings.
Personal injury damages typically cover medical bills, property damage, lost wages, and pain and suffering. Medical bills can include emergency care, surgeries, medication, and physical therapy.
Lost wages refer to the income you miss due to recovery time, doctor visits, or a temporary inability to work. Pain and suffering acknowledges the physical and emotional toll, such as ongoing pain or anxiety about driving.
To arrive at the total value, your attorney may review your medical records, gather pay stubs, or consult with therapists who can talk about the emotional impact.
Once your total damages are calculated, the next step is to apply the fault percentage. Suppose you have $200,000 in total damages. If you are found 30 percent at fault, you can only recover 70 percent of that amount, which would be $140,000.
This can be a significant loss. It shows why it is so important to argue effectively about who is responsible for the accident. A small difference in fault percentage can make a big difference in the final settlement.
Most personal injury cases are settled before going to court. During settlement talks, comparative negligence often becomes a major point of contention. The insurance company for the other side might argue you are partly responsible, hoping to lower your payout.
Your attorney will present evidence to minimize your fault and maximize your recovery. This process can involve back-and-forth offers until both sides reach an agreement or decide to proceed to trial.
If negotiations fail, the case may go before a judge or a jury. They will hear all the evidence, including arguments about how to split fault. Once they decide how much fault each side bears, they calculate the final award.
A jury might find that you are 10 percent at fault, 40 percent at fault, or something else entirely. If that figure is 50 percent or higher, you recover nothing under Utah law. This risk means a trial can be challenging. A strong legal strategy and clear evidence are essential.
At Flickinger Boulton Robson Weeks, our main goal is to protect your rights. We know that dealing with comparative negligence can feel overwhelming, especially when you are also dealing with injuries and financial worries. Our attorneys have deep experience handling personal injury cases in Orem and throughout Utah. Here is how we approach these challenges.
We begin by listening to your story. We need to understand exactly what happened, from the moments leading up to the accident through your medical treatment.
Once we grasp the details, we can start building a legal strategy that suits your unique situation. Our team might interview witnesses, analyze photos, and request additional documentation to help us see all sides of the story.
If the accident is complex, we may consult experts who can reconstruct the event or explain medical conditions. For instance, an accident reconstruction specialist might use computer modeling to show that the other driver was speeding or ran a red light.
A medical expert might clarify how your injuries will affect you in the future. These opinions strengthen your position, helping to counter arguments that you are largely to blame.
Our firm has negotiated many settlements for clients, from car accidents to more complex personal injury claims. We focus on demonstrating that the majority of negligence lies with the other party.
We use detailed evidence and clear reasoning to show why the other side should accept a fair settlement. If the insurance company tries to inflate your share of fault, we push back strongly, using the facts and the law to protect your rights.
Sometimes, a fair deal cannot be reached in negotiations. If that happens, we are fully prepared to go to trial. Our attorneys have experience in court, and we know how to explain complicated details in a way that judges and juries understand.
We will present evidence step by step, showing why your fault is minimal or nonexistent. By preparing cases as if they could go to trial from the start, we send a message that we will not settle for less than you deserve.
We pride ourselves on treating each client like a person, not a case number. That means answering your calls, keeping you updated, and giving you clear answers when you have questions.
We understand that an accident can affect your finances, your family, and your sense of security. Our goal is to shoulder the legal burdens so you can focus on getting better.
Our firm has achieved notable results, including a 9-figure payout in a sexual abuse case. While we cannot guarantee a specific result for your case, our track record shows our commitment to doing the hard work needed.
We are familiar with the local courts and communities. Whether your case involves a simple slip and fall or a more complex accident, we have the resources to handle it effectively.
By choosing Flickinger Boulton Robson Weeks, you partner with a team that knows how to navigate comparative negligence. We will gather strong evidence, argue persuasively, and pursue the financial support you need for medical bills, lost wages, and more. This allows you to focus on what matters most, which is healing and moving forward.
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