Understanding Utah’s Comparative Negligence Law

Utah’s comparative negligence rules can greatly affect the amount of compensation you receive. For questions about your specific case, call Flickinger Boulton Robson Weeks at (801) 500-4000, and let us help you understand your legal standing.

Life can change in a moment. One second, you’re driving home from work or walking through a grocery store, and the next, you’re in pain, confused, and facing medical bills you never expected. If you’ve been injured in an accident, whether it’s a car crash, a slip-and-fall, or something else, the stress can feel overwhelming. Many people worry about how they’ll pay for treatment, when they’ll be able to go back to work, and if their life will ever return to normal.

One additional worry often arises in Utah: the idea that you might be partly at fault for what happened. Hearing someone suggest you share blame is never pleasant, especially when you’re the one who’s hurting.

Yet Utah’s laws allow for the possibility that multiple factors can cause an accident. This is where “comparative negligence” comes into play. If this term sounds unfamiliar or scary, don’t worry, you’re not alone. Many people feel anxious when they learn that their compensation could be reduced if they’re partly at fault.

At Flickinger Boulton Robson Weeks, we’ve helped countless clients recover the money they need after serious injuries. We’ve seen firsthand how powerful insurance companies can twist events to make it seem like you did more wrong than you actually did. That’s why it’s important to understand exactly how comparative negligence works, what the 50% bar rule means, and why even a small difference in fault percentage can greatly change your financial future.

On this page, we’ll break down the basics of comparative negligence, share real-life examples of how it might affect you, and explain how a qualified attorney can step in to protect your interests. By the end of this article, you’ll feel more confident about your rights, more aware of the pitfalls to watch out for, and more at peace knowing you don’t have to face this challenge alone.

Comparative Negligence Explained

Comparative negligence is a legal principle that decides how to divide blame when two or more parties contribute to an accident. In simpler terms, it means the law looks at everyone’s actions to figure out who did what, and by how much.

The result is a percentage of fault for each person. If you’re under 50% at fault, you can still collect money from the other party, though the amount you receive is lowered by your share of blame.

Imagine you’re driving in West Valley City, carefully watching the road. Another driver speeds through a stop sign and hits you, causing serious injuries. On the surface, it seems obvious the other driver is at fault.

But then the insurance company notices you weren’t wearing a seatbelt. They argue that you worsened your injuries by ignoring safety regulations. Suddenly, you go from being a clear victim to someone who might hold a bit of the blame.

Under comparative negligence, your total damages, medical bills, lost wages, pain and suffering, would be reduced according to the fault you share. If a jury decides you’re 10% at fault due to not wearing a seatbelt, and the other driver is 90% at fault for ignoring a stop sign, you’d lose 10% of your potential award. In a $50,000 claim, for example, you’d collect $45,000.

It’s easy to see why this can feel like a punch in the gut. You already have injuries, financial stress, and emotional turmoil. Now you realize you might not get the full amount you need.

But Utah’s comparative negligence system also has a positive side: it doesn’t automatically wipe out your right to compensation if you made a minor mistake. Prior to the inception of comparative negligence laws, being just 1% at fault could cost you everything.

Comparative negligence aims for fairness by letting you recover money for the harm you didn’t cause. If you bear some fault, you lose only that portion of the damages. This helps people who made small errors, like forgetting to signal a turn because they were in a hurry, still get support after an accident.

Utah’s 50% Bar Rule: How Fault Impacts Compensation

However, Utah follows a specific version of comparative negligence known as the “modified comparative negligence rule,” or the 50% bar rule.

This rule says if you’re found to be 50% or more responsible for the accident, you lose your entire claim. You get zero. That might sound harsh, but the idea is that if you caused half or more of the problem, you shouldn’t be able to collect from someone else.

Let’s say you’re in West Valley City, making a left turn across a busy intersection. The oncoming driver is going slightly over the speed limit, but you misjudge the distance and turn too soon. A collision occurs, leaving you with broken bones and a totaled car.

Investigators decide you hold 55% of the blame because making that turn was more dangerous than the other driver’s mild speeding. Under Utah’s 50% bar rule, you’d walk away with nothing. If they had decided you were 45% at fault, you’d keep 55% of your damages.

This difference between 49% and 50% might seem tiny, but it carries huge consequences. That’s why insurance companies frequently try to push you to the 50% mark or higher, so they don’t have to pay you anything. They may question your driving habits, dig through your social media to see if you ever joked about speeding, or claim you ignored signs. Their goal is to show you as equally, or more, responsible for the accident.

Examples of Comparative Negligence in West Valley City Injury Cases

• Car Accident in the Rain: You’re driving under the speed limit in a heavy downpour, but your wipers aren’t working well, and you can’t see clearly. Another driver merges into your lane without looking, crashing into you. Investigators might say the other driver is 70% at fault for unsafe lane changes, while you get 30% for driving with faulty wipers and poor visibility. If your total damages amount to $20,000, you’d walk away with $14,000.
• Slip-and-Fall at a Restaurant: A restaurant’s staff fails to place “Wet Floor” signs or clean up a spill promptly. You slip and injure your hip, requiring surgery. However, security footage shows you were texting while walking. The restaurant is mostly at fault, say 80%, but you’re assigned 20% for not paying attention. On $30,000 in damages, you’d collect $24,000.
• Pedestrian Knocked Down by a Turning Car: You’re crossing a street at dusk. You wear dark clothes and don’t use the reflective crossing signals properly. A driver turns right on red without fully stopping and hits you. A jury might say the driver holds 85% of the blame, with 15% on you for not being more visible or alert. If you have $10,000 in bills, you get $8,500.
• Multiple-Car Pileup: In a chain-reaction crash, each driver may hold a slice of fault. For instance, the first driver braked suddenly to avoid debris, you were following too closely, and the driver behind you was distracted by a phone call. Fault is split among everyone, and each person’s share reduces how much they can collect. If you end up at 40%, you still get 60% of your damages, but if you rise to 50%, you get nothing.

How an Attorney Can Prove Liability and Maximize Compensation

Facing an insurance company’s attempts to pin more blame on you can be intimidating, especially when you’re in pain or anxious about paying bills. A seasoned attorney can level the playing field. Here’s how:

1. Investigating Thoroughly: Lawyers gather evidence that might not be obvious. They request police reports, talk to witnesses, and even review traffic camera footage. They look for anything that clearly shows the other side acted more recklessly than you did. The stronger your evidence, the lower your fault percentage should be.
2. Enlisting Experts: Sometimes disputes come down to technical details, like the angle of impact in a car crash or how slippery a floor was. Accident reconstruction specialists can testify about speed, braking distances, or hazard visibility. Medical experts can explain how your injuries match the specifics of the incident, undermining any claim that you’re faking or exaggerating. These professional insights can tip the scales in your favor when insurers try to assign you excessive blame.
3. Handling Insurance Tactics: Insurance adjusters often sound friendly at first, but their job is to save the company money. They may ask leading questions, hoping you’ll say something that implies you made a mistake. A West Valley City Personal Injury Lawyer protects you by managing these communications. They won’t let the insurer twist your words or take advantage of your stress.
4. Negotiating Settlements: Insurers typically propose a low settlement to see if you’ll bite. An attorney who knows the system can argue for a fair figure that truly reflects your losses, from hospital bills and rehabilitation costs to lost wages and emotional distress. They’ll keep your fault share as minimal as possible in these talks, so you end up with a higher percentage of your total damages.
5. Going to Trial if Needed: If the insurance company refuses to offer a reasonable settlement, your lawyer can take them to court. Trials can be stressful, but the threat of going before a jury often pushes insurers to negotiate seriously. When they see you have strong representation, they realize they might lose more money if they gamble on a trial.

Why Comparative Negligence Isn’t All Bad

While the 50% bar rule might sound intimidating, comparative negligence actually reflects real life, where accidents can have shared causes. In older systems, being just a tiny bit at fault meant you got nothing.

Now, at least you can claim the portion you didn’t cause. This can be crucial if you have major injuries. You shouldn’t be left with zero just because you made a minor error, especially when someone else’s wrongdoing was far worse.

If you suspect fault will be an issue, here are steps that may help:

• Call the Police: Getting an official report can record key details, like who broke which traffic law.
• Gather Evidence: Take photos of the scene, get names of witnesses, and note any cameras around. Even small facts, like weather or lighting, can matter.
• Seek Medical Care: See a doctor right away, even if you feel okay. Some injuries take time to show up, and having medical records links your harm to the accident.
• Avoid Admitting Fault: You might feel pressured to apologize or take the blame, but simple apologies can be twisted. Stick to the facts and save detailed statements for your lawyer.
• Consult an Attorney: Many lawyers offer free consultations. They can tell you if fault might be a problem and outline a plan to protect you.

Contact a West Valley Personal Injury Lawyer

Still worried about Utah’s comparative negligence rules? You don’t have to face these challenges alone. Flickinger Boulton Robson Weeks has helped many individuals in West Jordan, West Valley City, and throughout Utah who thought their small errors would ruin their cases. By gathering strong proof and challenging unfair accusations, we’ve consistently won settlements that support our clients’ recovery.

Call us today at (801) 500-4000 for a free consultation. We’ll listen to your story with compassion and explain how fault percentages might apply. Then, we’ll help you put together a strategy, whether it’s negotiating a fair settlement with an insurance company or preparing for a trial if needed. We want you to focus on healing and getting back on your feet, not worrying about how to handle blame tactics.

Remember, comparative negligence doesn’t have to rob you of the help you need. The law is there to find a balanced approach when multiple factors contribute to an accident. With skilled legal guidance, you can show you’re less than 50% at fault, preserve your right to compensation, and move forward with your life. Let our team stand by your side so you’re not alone in this fight.