Utah’s Comparative Fault Law for Car Accidents: What You Need to Know

Understanding Comparative Fault in Utah Car Accident Cases: Protecting Your Claim with Attorney Jake Gunter

CALL or TEXT: Utah Personal Injury Lawyer Jake Gunter for Your Car Accident Case
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Navigating Utah’s comparative fault laws can seem complex, especially if you’re partially responsible for a car accident. However, understanding how fault impacts your compensation is critical. Under Utah’s modified comparative negligence rule, your ability to recover damages depends on your degree of fault. Personal injury attorney Jacob S. Gunter is highly experienced in Utah’s car accident laws, ensuring that your rights are protected while maximizing your potential compensation.

What is Utah’s Modified Comparative Negligence Rule?

To start, Utah’s 51% modified comparative fault rule (Utah Code 78B-5-817 to 823) determines whether you can receive damages based on your percentage of fault. Essentially, you can recover damages only if you’re less than 51% responsible for the accident. Conversely, if you are 51% or more at fault, you are barred from any compensation.

How Fault Impacts Compensation: Real-Life Examples

In Utah, the jury assigns fault percentages to each party, which then directly affects the final settlement. Here are some common scenarios to illustrate this:

  • Left-Turn Accident on State Street, Orem
    Situation: You’re hit by a left-turning driver while driving within speed limits.
    Fault Allocation: 15% your fault for slight speeding.
    Case Value: $20,000
    Adjusted Settlement: $17,000 (reduced by 15%)
  • Rear-End Collision on University Avenue, Provo
    Situation: You are stopped at a red light and hit from behind.
    Fault Allocation: 0% your fault
    Case Value: $16,000
    Adjusted Settlement: $16,000
Top 10 Facts About Nevada Comparative Negligence Law

Comparative Fault vs. Contributory Negligence in Utah

Unlike states that follow contributory negligence, Utah’s comparative fault system allows you to recover compensation as long as you’re less than 51% at fault. In contributory negligence states, on the other hand, any level of fault could bar recovery altogether.

Practical Tips for Reducing Fault and Strengthening Your Case

  1. Avoid Giving Statements to Insurance Adjusters Without Legal Guidance:
    Insurance adjusters may seek to establish your fault early on. Attorney Jacob S. Gunter can represent you to avoid such unfavorable claims.
  2. Gather Evidence Promptly:
    Collecting evidence, such as photos, skid marks, and witness statements, strengthens your case. Acting quickly, therefore, can make a big difference.
  3. Be Cautious in Motorcycle Accident Claims:
    These cases often involve disputed liability. To protect yourself, consult an attorney before speaking with adjusters.

Why You Need a Utah Attorney Experienced in Comparative Fault Cases

Choosing an attorney with extensive experience in personal injury and liability cases, like Jacob S. Gunter, is essential to ensuring fair compensation. Comparative fault claims require specialized expertise to counter liability disputes and maximize your settlement.

FAQs

1. What does Utah’s 51% Rule mean?
If you are 51% or more responsible for an accident, you cannot recover compensation.

2. How does fault impact my settlement?
Your compensation is reduced by your fault percentage. For example, if you’re 20% at fault in a $10,000 case, you’ll receive $8,000.

3. Can I file a claim if I am partially at fault?
Yes, you can file as long as you’re less than 51% at fault.

4. How does being partially at fault affect my case outcome?
Partial fault can reduce compensation, and the jury may lower awards based on perceived fault.

Impact of Utah Rule of Civil Procedure 9(i) on Comparative Fault

Finally, Utah Rule 9(i) requires parties to disclose fault allocation in the initial responsive pleadings. Failing to do so may prevent allocation adjustments later, underscoring the importance of timely legal action.


Contact Attorney Jake Gunter TodayJacob S. Gunter | Personal Injury Attorney in Provo
Utah’s comparative fault laws can be complex. If you’ve been in an accident, call or text Jake Gunter at (801) 373-6345 to protect your rights and secure the compensation you deserve.

Learn More About Utah Accident Lawyer Jake Gunter

For additional insights on Utah personal injury law and to get to know Jake Gunter better, check out these helpful videos:

These resources will provide you with valuable information as you consider your legal options. For any questions or to schedule a free consultation, feel free to reach out to us directly.