Can I Recover Compensation If I Was Partially at Fault in Utah?

Yes, you can recover compensation in Utah even if you were partially at fault for the crash -- as long as your share of fault is less than 50%. Utah follows a modified comparative fault rule under Utah Code Section 78B-5-818.

How Utah Comparative Fault Works

If you were 30% at fault and the other driver was 70% at fault, you can recover 70% of your total damages. Your recovery is reduced by your percentage of fault. However, if you were 50% or more at fault, you cannot recover anything under Utah law.

Examples

• You ran a yellow light and were hit by a driver who was speeding and ran red. Jury finds you 20% at fault. Your $100,000 in damages is reduced to $80,000.
• You were following too closely on I-15 and rear-ended a driver who cut you off without signaling. Fault split 40% (you) / 60% (other driver). You recover 60% of your damages.
• Both drivers were equally negligent. Jury finds 50/50. Utah's 50% bar applies -- neither driver can recover from the other.

Why Fault Disputes Matter

Insurance companies routinely assign partial fault to injured claimants to reduce the payout. A 1% swing in your fault percentage directly affects your recovery. Thorough documentation of the crash scene, witness statements, and vehicle data recorder evidence are critical to disputing inflated fault assignments.

Call BAM Injury Law at (801) 839-5652. Kigan Martineau reviews fault disputes in every free consultation.