Can I Sue If I Was Partially at Fault in a Utah Car Accident?

Yes. Under Utah's modified comparative fault rule, you can still recover compensation if you were partially at fault for a car accident, as long as your share of fault is less than 50%. Your total recovery is reduced by your percentage of fault. If you are found to be 50% or more responsible, you are barred from recovering anything.

How Utah's Comparative Fault Rule Works

Utah follows the modified comparative fault doctrine under Utah Code Section 78B-5-818. A judge or jury assigns a percentage of fault to each party involved in the accident. Your damages award is then reduced by your percentage of fault.

Example: You are awarded $100,000 in damages. The jury finds you 20% at fault and the other driver 80% at fault. Your recovery is reduced by 20%, and you receive $80,000. If the jury found you 50% at fault, you would receive nothing.

How Insurance Adjusters Use Comparative Fault

Insurance adjusters routinely assign partial blame to claimants in order to reduce settlement offers. Common arguments include claims that you were speeding, following too closely, failed to use your turn signal, or contributed to the accident in some other way. These fault assignments are negotiable, and an experienced attorney can challenge them with evidence including accident reconstruction, witness statements, and police reports.

Multiple-Vehicle Accidents

In accidents involving three or more vehicles, fault may be distributed among multiple drivers. Each driver's liability is proportional to their share of fault. BAM Injury Law investigates all potentially liable parties in multi-vehicle crashes to maximize recovery.

Proving the Other Driver's Fault

Strong evidence of the other driver's negligence is the best defense against comparative fault arguments. Useful evidence includes:

• Police report citing the other driver for a traffic violation
• Traffic camera or dashcam footage
• Witness statements
• Accident reconstruction expert analysis
• Cell phone records showing the other driver was distracted

Speak With a Utah Car Accident Attorney

Do not accept a reduced settlement based on disputed fault percentages without first speaking to an attorney. BAM Injury Law fights comparative fault arguments on behalf of Utah car accident victims. Attorney Kigan Martineau handles cases throughout Salt Lake County, Utah County, and the Wasatch Front on a no-fee-unless-we-win basis. Call (801) 839-5652 today.