Utah follows a modified comparative fault system that allows an injured person to recover compensation when others bear more responsibility for the injury than the injured person does. However, the injured person’s compensation is reduced according to their percentage of fault.
Comparative fault can become a major issue after a car accident, a slip-and-fall, or another incident in Salt Lake City. Understanding how Utah assigns fault can help you evaluate an insurance claim and recognize when allegations of shared responsibility could affect your financial recovery.
What Is Comparative Fault in Utah?
Comparative fault is a legal rule used to divide responsibility when more than one person contributes to an injury. Utah Code § 78B-5-818 governs comparative negligence and allows fault to be allocated among the person seeking compensation, defendants, and certain other parties.
Utah law defines “fault” broadly under Utah Code § 78B-5-817. The definition can include negligence, comparative negligence, assumption of risk, strict liability, breach of warranty, products liability, and certain other conduct that causes or contributes to an injury.
This system means that being partly responsible for an accident does not automatically prevent you from recovering damages.
How Does Utah’s Modified Comparative Fault Rule Work?
Utah’s modified comparative fault rule generally allows you to recover compensation when your percentage of fault is less than 50%. If 50% or more of the total fault is allocated to you, you cannot recover damages.
The Model Utah Jury Instructions explain that an injured plaintiff can recover when the defendant’s (or defendants’) fault exceeds the plaintiff’s fault. When the plaintiff receives less than 50% of the fault, the court reduces the damages according to the plaintiff’s percentage of responsibility. However, if you were allocated 50% or more of the total fault, Utah’s comparative fault rule would prevent you from recovering compensation.
Who Determines Fault in a Utah Personal Injury Case?
The fact finder determines each party’s percentage of fault when fault remains disputed in a Utah personal injury lawsuit. Depending on the case, the fact finder may be a jury or a judge.
Utah Code § 78B-5-818 permits the allocation of fault to the person seeking recovery, defendants, certain people immune from suit, and qualifying nonparties. The percentages assigned to the relevant parties determine whether the injured person can recover and how much each defendant may be required to pay.
Preserving evidence can be particularly important when another party or insurance company claims you contributed to the accident.
What Damages Can Be Reduced by Comparative Fault?
Comparative fault can reduce the damages awarded in a Utah personal injury case according to the injured person’s assigned percentage of responsibility. Depending on the claim, recoverable losses can include both economic and non-economic damages.
Economic damages can include:
- Medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Rehabilitation expenses
- Property damage
Non-economic damages can compensate for losses such as pain and suffering and other personal consequences of an injury.
For example, a person with $200,000 in recoverable damages who is found 25% responsible would have those damages reduced by $50,000, resulting in $150,000 after the comparative-fault reduction.
Can an Insurance Company Decide That I Was at Fault?
An insurance company can take a position on fault when evaluating a claim, but its determination does not necessarily establish the final legal allocation of fault. Fault can remain disputed during settlement negotiations and litigation.
An insurer has a financial interest in evaluating the evidence and limiting what it pays under an applicable policy. An injured person does not have to accept an insurer’s assertion about how an accident occurred or what percentage of responsibility should be assigned.
McMinn Personal Injury Lawyers can independently investigate an accident, preserve evidence, evaluate allegations of comparative fault, and advocate for an injured client’s position during insurance negotiations or litigation.
How Can a Salt Lake City Personal Injury Lawyer Help With a Comparative Fault Dispute?
A Salt Lake City personal injury lawyer can gather evidence and challenge unsupported allegations that an injured person caused or contributed to an accident. Because even a partial allocation of fault can reduce compensation, disputes over responsibility can significantly affect a claim.
McMinn Personal Injury Lawyers has represented accident victims for more than two decades and recovered over $500 million in compensation on their behalf. Our legal team can investigate how an accident occurred, identify responsible parties, analyze available evidence, and negotiate with insurance companies.
Justin McMinn has also received professional recognition for his work representing injury victims, including recognition among the Top 10 Trucking Trial Lawyers by the Trucking Trial Lawyers division of the National Trial Lawyers.
Contact McMinn Personal Injury Lawyers to Schedule a Free Consultation with a Salt Lake City Personal Injury Lawyer
Utah’s comparative fault laws can have a significant effect on your ability to recover compensation after an accident. If you are assigned less than 50% of the fault, your damages can generally be reduced according to your percentage of responsibility. An allocation of 50% or more generally prevents recovery.
If you were injured in Salt Lake City, Utah, and someone claims you contributed to the accident, McMinn Personal Injury Lawyers can help you understand your legal options. Contact our firm today at (385) 462-7630 to schedule a free consultation with a Salt Lake City personal injury attorney.