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In Utah, nearly 65% of car crashes involve disputed faults. At Reshlaw Accident and Injury, our team helps victims understand who caused their accident, which affects their compensation. When insurance companies try to shift blame, you need to know how fault works in Utah. This guide explains the rules that apply in Utah car accidents to protect your rights after a crash.
Utah uses an at-fault system, which means the driver who caused the accident must pay for damages. This differs from no-fault states where each driver files with their insurance. Knowing these differences is key when seeking money for your medical expenses and property damage.
The way fault is assigned differs by state and affects your ability to get compensation. Let's look at the systems and how Utah's rules work.
In states with a no-fault system, drivers submit claims to their insurance under their Personal Injury Protection (PIP) coverage following an accident. This limits smaller lawsuits but may not fully cover serious injuries.
Utah follows at-fault rules. You can file claims directly against the fault driver's insurance for your medical bills, lost wages, and pain and suffering. If the other driver was texting, speeding, or breaking traffic laws, their insurance provider must cover your losses.
Utah implements a "modified comparative negligence" system with a 50% threshold restriction. You can still get money even if you were partly at fault—as long as your fault doesn't exceed 50%.
Suppose your losses amount to $100,000. You were deemed 30% responsible because you were driving slightly above the speed limit. This occurred when another driver ignored a red light. Consequently, your awarded compensation would be adjusted to $70,000.
If you're found 51% or more at fault, you cannot get any money from other parties. This makes fault determination critical in accidents where both drivers share responsibility.
When figuring out who's at fault, several key factors matter. Insurance adjusters, police officers, and courts look at various types of evidence to create a clear picture of what happened.
Fault determination isn't just about who feels responsible—it's based on evidence that shows what actually happened.
Police reports are the official records of accidents and carry weight with insurance companies. When police respond to an accident scene, the document:
Officers often include their assessment of fault, which insurance companies use as a starting point. We tell clients to get a copy of their police report right away. These reports contain details that could be crucial, like skid marks showing a driver trying to stop.
Eyewitness accounts from those who observed the accident can be more reliable than contradictory driver narratives. Neutral bystanders often provide the most valuable testimony about what happened.
If you're in an accident, get contact information from witnesses before they leave. Their observations about which driver had the green light or who changed lanes suddenly can be decisive when fault is disputed.
When a driver gets a traffic citation at the accident scene, it creates strong evidence of fault. Violations like running red lights, improper turns, tailgating, or DUI establish what's called "per se negligence" under Utah law.
This means the cited driver is presumed negligent, and they must prove the violation didn't cause the accident. If the other driver receives a citation from the police, be sure to highlight this when talking to insurance adjusters about the accident.
Physical evidence from the accident scene is vital in illustrating the events that occurred during a collision.
Photos taken right after an accident create an unbiased record that can't be changed. Always take pictures of:
These photos can show the angle of impact, weather and road conditions, and skid marks. We recommend time-stamping your photos and backing them up immediately.
For complex crashes, accident reconstruction specialists use physics and engineering to determine how the collision happened.
These experts analyze vehicle damage, road marks, and other physical evidence to create models of the accident. In Utah, qualified accident reconstructionists provide expert testimony that can clarify fault when witness accounts conflict.
The location of vehicle damage often reveals who hit whom and from which direction. Front-end damage typically shows the vehicle was moving into another object, while rear damage suggests being hit from behind.
In T-bone collisions at intersections, the vehicle with side damage was likely crossing the path of the vehicle with front damage—helping establish who had the right of way.
Different types of accidents have typical fault patterns. Understanding how fault is usually assigned can help you better understand your case.
In Utah, the assumption is often that the driver who rear-ends another vehicle is responsible for the accident. This is because drivers must maintain safe following distances and be ready to stop.
There are exceptions. If the front driver suddenly reversed, cut off the rear driver, or stopped without cause, fault may shift. Broken brake lights can also affect fault. Most rear-end collisions, though, result in the back driver bearing responsibility.
Drivers making left turns must yield to oncoming traffic according to the Utah Code. This means the turning driver typically bears liability when colliding with an oncoming vehicle.
If the oncoming driver was speeding, ran a red light, or was distracted, shared responsibility may be considered. For example, if you had a green arrow for your left turn, but an oncoming driver ran their red light, they would likely be at fault.
Chain-reaction accidents involve multiple vehicles and create complicated fault scenarios. Often, the vehicle that caused the initial impact bears primary responsibility, but multiple drivers may share fault.
These accidents frequently happen in heavy traffic or poor weather. Determining each driver's contribution requires detailed investigation and sometimes accident reconstruction.
Utah has particular rules that affect how cases are resolved. Local factors can significantly impact your case outcome.
Utah courts apply a practical approach to fault determination, weighing all available evidence before assigning percentages of responsibility. Courts often look for traffic violations as primary indicators of negligence.
Fault patterns can vary between urban areas like Ogden versus suburban areas like Lehi. Courts also consider local factors like mountain roads and severe weather conditions when evaluating driver behavior.
Utah's 50% bar rule creates a significant cutoff point in accident claims. Unlike some states where being 99% at fault still allows for a 1% recovery, Utah cuts off all compensation once you cross the 50% threshold.
For example, in a recent case, a driver was 45% at fault for speeding but still recovered 55% of their damages because the other driver made an improper lane change. Had they been 51% at fault, they would have received nothing.
Quick action after an accident strengthens your position in fault disputes.
The moments following a crash are vital for protecting your rights:
Even saying "I'm sorry" can be seen as an admission of fault.
Insurance adjusters work for their companies, not for you—their job is to minimize payouts. Be careful in your communications with them:
Always direct insurance adjusters to communicate through your attorney once you have representation.
Disputes over fault are common as insurance companies fight to avoid paying claims.
Mediation offers a less adversarial alternative to courtroom battles over fault. In Utah, many courts order mediation before allowing cases to proceed to trial.
During mediation, a neutral third party helps both sides find common ground. This process often leads to fair settlements without the expense and time of a full trial.
Sometimes, insurance companies refuse fair settlements despite clear evidence of their driver's fault. Signs that litigation may be necessary include low settlement offers, denial of clear liability, or accusations that you're exaggerating injuries.
Remember that Utah has a four-year statute of limitations for most car accident claims—waiting too long could bar your right to recover damages.
Navigating Utah's fault determination rules requires specific legal expertise. Our attorneys understand how specific judges view evidence, which expert witnesses are credible in local courts, and how Utah insurers approach settlements.
Our team has successfully represented accident victims throughout Murray, West Jordan, Lehi, and Ogden. We recently secured $500,000 for a client injured in a disputed fault rear-end collision, despite the insurance company claiming our client made a sudden stop.
Fault disputes require quick action to preserve crucial evidence. At Reshlaw Accident and Injury, our experienced car accident lawyers stand ready to protect your rights after a crash anywhere in Utah.
We offer free case reviews to evaluate your situation and explain your options. Let us handle the complex fault determination process while you focus on recovery. Contact our office today to learn how we can help you fight for the compensation you deserve.
