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

Yes, in most cases. Utah uses a modified comparative fault system that allows injured victims to recover damages even when they share some responsibility for the accident -- as long as their share of fault is less than 50%.

Utah's Modified Comparative Fault Rule

Under Utah Code Section 78B-5-818:

• If you are less than 50% at fault, you can recover damages from the other party. Your recovery is reduced by your percentage of fault.
• If you are 50% or more at fault, you cannot recover any damages.

How This Works in Practice

Example: You are rear-ended on I-15 while merging. The jury finds the other driver 75% at fault and you 25% at fault for merging without adequate clearance. Your total damages are $100,000. You recover $75,000 (reduced by 25%).

Example: An intersection crash. The jury assigns 55% fault to you for running a yellow light. You recover nothing under Utah's 50% bar.

Who Assigns Fault Percentages?

• In a settlement, insurance adjusters assign fault percentages during negotiations. These are not binding and are negotiable.
• In a trial, the jury assigns fault percentages to each party after hearing evidence.
• In some cases, multiple parties share fault (the other driver, a vehicle manufacturer, a road design entity) and percentages are allocated among all defendants.

Common Situations Where Shared Fault Is Disputed

• Rear-end crashes where the lead driver braked suddenly
• Lane change crashes where both drivers were moving
• Intersection crashes where the light timing is in dispute
• Pedestrian crashes where the pedestrian crossed outside a crosswalk
• Slip and fall cases where the victim ignored visible warnings

Do Not Accept the Insurance Company's Fault Assignment

Insurance adjusters routinely assign inflated fault percentages to injured victims to reduce their payout obligation. These initial fault assignments are negotiating positions, not legal rulings. An attorney evaluates the evidence independently and challenges fault assignments that are not supported by the facts.

BAM Injury Law handles personal injury cases throughout Utah. Call (801) 839-5652 for a free consultation.