Yes, you can file a claim if you were partially at fault in an accident in Utah, so long as you are found to be less than 50% responsible. Utah follows a “modified comparative negligence” rule, which allows injured individuals to seek compensation even when they share fault, with one important condition: their share of liability must be less than half. 

This legal standard affects everything from how fault is determined to how much compensation you might ultimately receive. Whatever injury-causing incident you’re dealing with, a Utah personal injury lawyer at Craig Swapp & Associates can help you understand the state laws essential to protecting your rights and maximizing your claim. 

How Can I File a Claim if I’m Partially at Fault in Utah?

Filing a claim while being partially responsible for an accident begins with understanding how your level of fault influences your ability to recover compensation. In Utah’s modified comparative negligence, a plaintiff’s right to recover damages is preserved if they are found to be less than 50% at fault.

Here’s how the process typically works:

  • You file a claim with the appropriate insurer, whether it’s your own or the at-fault party’s, depending on the nature of the incident and the type of insurance involved.
  • An investigation takes place, which may include police reports, witness statements, physical evidence, and expert opinions.
  • Fault is assigned, and your percentage of fault is determined.
  • Your damages are reduced accordingly. For example, if your total damages are $100,000 and you are found 25% at fault, you can still recover $75,000.

It’s important to act quickly. Utah imposes a 4-year statute of limitations for most personal injury claims. However, that timeline may be shorter if you’re filing against a government agency or if the claim involves wrongful death or medical malpractice.

A qualified personal injury lawyer can assist in preserving evidence, filing on time, and negotiating with insurers who may try to assign you more blame than is warranted.

How Much Can I Claim if I’m Partially at Fault in Utah?

The amount you can claim depends not just on your damages but on your assigned percentage of fault. Because Utah follows the “50% bar rule” in comparative negligence, your compensation is directly affected by how much fault is attributed to you.

Here’s a breakdown of how compensation is calculated:

  • Total damages: This includes medical bills, lost wages, property damage, pain and suffering, and other losses.
  • Percentage of fault: Determined during the claims process or through court proceedings.
  • Reduced award: Your final payout is your total damages minus your share of fault.

Let’s look at a practical example:

  • You’re involved in a car accident and suffer $60,000 in damages.
  • You’re found to be 30% at fault because you were speeding, even though the other driver ran a red light.
  • Your recoverable damages would be 70% of $60,000, totaling $42,000.

If you’re found 50% or more at fault, you will not be able to recover any damages, even if your injuries are severe. This makes proper fault determination a critical part of any claim, especially in car accident cases or incidents with multiple parties.

Who Determines My Percentage of Fault in Utah?

Fault can be determined in several ways, depending on how the claim is resolved. In most cases, this is first addressed during the insurance claims process and can later be decided by a judge or jury if the case goes to court.

Key players in assigning fault include:

  • Insurance adjusters: They review evidence such as photographs, police reports, damage estimates, and medical records to allocate fault percentages.
  • Attorneys: Legal representation can present evidence, challenge the insurer’s determination, and argue your share of fault more favorably.
  • Courts: If the case proceeds to trial, a judge or jury will determine how fault is divided based on presented facts and testimony.

Since fault affects whether and how much compensation you can recover, disputing an unfair assignment of fault is not only possible; it’s often necessary. Having a personal injury attorney early in the process can make a significant difference in preserving your rights.

What if a Utah Accident Involves Multiple Parties?   

In many Utah crashes, particularly multi-vehicle crashes, fault may not lie with just one or two drivers. The process of determining liability in these accidents is more involved and often leads to disputes among drivers and insurers.

Consider a three-car collision where:

  • Car A was tailgating Car B.
  • Car B stopped abruptly without a working brake light.
  • Car C rear-ended Car A because they weren’t paying attention.

In this scenario, each driver might be assigned a share of fault under the modified comparative fault rule. If you’re Car A and found to be 30% responsible while the others share 70% of the fault, you may still have a valid claim for damages. Also, insurance companies often use shared fault to reduce or deny claims, especially in more subjective circumstances such as intersection collisions or lane-change accidents.

Do I Need to Hire a Utah Lawyer if I’m Partially at Fault?

You don’t have to be blameless to have a valid personal injury case in Utah. However, if there’s any indication that you might be blamed for part of the accident, it’s in your best interest to seek legal guidance as soon as possible.

Scenarios that often require legal intervention include:

  • Disputes over who caused the accident.
  • Inconsistent or vague police reports.
  • Insurance adjusters pressuring you to accept fault.
  • Multiple parties involved in a crash or incident.
  • Severe injuries that could result in large settlement amounts.

At Craig Swapp & Associates, our experienced injury lawyers in Utah can help ensure fault is allocated fairly and that you’re not being taken advantage of during settlement negotiations. They’ll also be familiar with local court rulings and insurance practices that affect how fault is typically assigned in Utah.

Call us at 801-405-3273 to speak with our lawyer in Utah, or send us a message about your case using our online form here to schedule your free consultation.

Written By: Ryan Swapp     Legal Review By: Craig Swapp