Fault in a Utah car accident is determined by applying negligence principles to the facts of the crash. Utah uses a modified comparative fault system, meaning each party can be assigned a percentage of fault, and that percentage directly affects how much each party can recover.
Utah Comparative Fault Rules
Under Utah Code Section 78B-5-818:
- If you are less than 50% at fault, you can recover damages from the other party, reduced by your percentage of fault.
- If you are 50% or more at fault, you cannot recover any damages, regardless of how serious your injuries are.
- Fault percentages are assigned by a jury if the case goes to trial, or negotiated between insurers in a settlement.
Example: If your damages are $100,000 and you are found 20% at fault, you recover $80,000.
How Fault Is Established
Evidence used to determine fault in a Utah car accident:
- Police report: Officers note traffic violations, cite contributing factors, and sometimes assign fault directly. The report is not binding but carries significant weight with insurers.
- Traffic camera and dashcam footage: Video evidence is the most persuasive form of fault evidence. Footage must be preserved quickly -- traffic camera footage is often overwritten within 30 days.
- Witness statements: Independent third-party witnesses carry more weight than statements from the drivers.
- Physical evidence: Skid marks, vehicle damage patterns, point of impact, and debris field can establish pre-impact speeds and which driver had the right of way.
- Event Data Recorder (EDR/black box): Most modern vehicles record speed, brake application, and steering input in the seconds before a crash. EDR data requires a court order or attorney preservation letter to secure.
- Cell phone records: Subpoenaed carrier records can establish whether the at-fault driver was texting or calling at the moment of impact.
- Traffic violation citations: A citation issued at the scene is strong evidence of fault but is not automatically conclusive in a civil case.
Common Disputed Fault Scenarios in Utah
- Left-turn accidents: The turning driver is presumptively at fault but can argue the oncoming vehicle was speeding or ran a light.
- Rear-end collisions: The trailing driver is presumptively at fault but can argue the lead vehicle cut them off or braked suddenly without warning.
- Intersection crashes: Right-of-way disputes require evidence of signal status at the time of impact.
- Lane change crashes: The merging driver typically bears fault, but evidence of the other driver's speed and position matters.
- Highway on-ramp crashes: Merging drivers must yield but also have the right to expect reasonable accommodation from highway traffic.
BAM Injury Law investigates and builds the fault case from the beginning. Call (801) 839-5652 for a free consultation.
