Can I seek damages after a car crash if I was partially at fault?

Posted on June 18, 2021

Working parents these days must spin many financial plates in the air, especially those who work in the nursing industry. Not only must they provide for their family’s household needs after long hours at work, but they also have to pay for childcare, school expenses and expenses associated with activities such as ballet or soccer.

Needless to say if a nurse is involved in a car crash during their daily commute that causes them to be seriously injured and unable to work they may be very concerned about how they will pay the bills and make ends meet especially if they were partially at-fault for the crash. Under Utah law, it may be possible for a person to recover damages in a personal injury lawsuit even if they played a role in the crash.

Comparative negligence laws in Utah

Utah follows the laws of modified comparative negligence when it comes to personal injury lawsuits following a car crash. If the plaintiff simply played a role in the crash, this alone will not stop them collecting damages if they file a lawsuit. Instead, the court will determine the percentage each party to the lawsuit was at fault and then will reduce the amount of damages awarded according to this percentage. For example, if the plaintiff was 25% at fault and the defendant was 75% at fault and the plaintiff suffered $100,000 in damages, the plaintiff may be awarded $75,000 in damages if they prevail in their legal claim. However, if the plaintiff is more than 50% at fault, the defendant does not owe any damages in excess of the percentage of the defendant’s fault.

Do not wait too long to file a lawsuit

If based on Utah’s comparative negligence laws you feel you can pursue a personal injury claim it is important not to wait too long to do so. This is due to the statute of limitations on personal injury claims. The statute of limitations is a law in which a plaintiff only has a certain amount of time to file a legal claim. Once this time period has passed a plaintiff is barred from bringing a claim altogether. In Utah the statute of limitations for personal injury claims brought by individuals involved in a car crash is four years.

Learn more about car accident claims in Utah

Nurses involved in a car crash may be very concerned about their financial future, especially if they are parents. A personal injury claim may be the step they need to take to be compensated for the harms they suffered. This post is for informational purposes only and does not contain legal advice. Our firm’s webpage on motor vehicle accidents may be of interest to working parents who are involved in a car crash and want to know what to do next.