Utah abides by a modified comparative negligence law in deciding compensation for car accident claims. The comparative negligence principle states that a party’s fault for an accident will not bar that party from seeking damages as long as the percentage of fault is less than the other parties’ combined percentages of fault.
The Utah legal system recognizes that most accidents do not stem from only one party’s fault. In any personal injury claim, the courts can divide fault among as many parties as necessary to serve justice. The defendants, however, are not the only parties who can face liability for an accident. The plaintiff, or party seeking recovery, may also share fault. As long as the plaintiff’s percentage of fault does not exceed the fault of the other parties, the plaintiff may still recover.
Don’t assume you can’t recover if you were negligent in some way that probably contributed to the accident. Talk to a car accident lawyer about comparative negligence laws. It may surprise you to find that you’re still eligible for compensation, as long as the courts find you less than 50% responsible for the car accident.
In cases that involve a plaintiff’s comparative fault, the courts will diminish the plaintiff’s compensation award by an amount proportionate to his or her percentage of fault. Take this example: In a case involving two drivers, the courts assign the plaintiff with 10% of fault for speeding, while the defendant receives 90% fault for running a red light. The total compensation award is $10,000. The plaintiff would take home $9,000 of this award, or the total minus the 10% fault ($10,000-$1,000). A plaintiff can still recover some compensation all the way up to 49% fault in Utah.