What to Know About Comparative Fault and Shared Liability
Few human experiences today are as frightening and traumatic as a car accident. Unfortunately, the distress continues for days or even months after the crash when an injury victim seeking the compensation they deserve for damages like medical expenses, lost wages, and pain and suffering, files a claim against the at-fault party’s insurance. But what if there is more than one party at fault?
Sometimes, complex circumstances lead to a car accident, and more than one party shares fault. How does shared liability work in a Utah car accident claim?
A car accident attorney in Salt Lake City understands comparative fault cases and will fight for your rights. Contact us online today.
What Is Comparative Fault In Utah Car Accident Claims?
Utah is a modified comparative negligence state. Under Utah 78B-5-818 Comparative Negligence, the law states the following:
“A person seeking recovery may recover from any defendant or group of defendants whose fault… exceeds the fault of the person seeking recovery…”
In other words, all parties who cause or contribute to a car accident are liable for their portion of an injury victim’s damages. After the accident, the police generate a report with their observations at the scene. The insurance companies of all involved parties assign insurance adjusters to investigate the accident. Depending on their findings, they assign a percentage of the total fault of the accident to each involved party. In many cases, this is a simple matter of one driver’s 100% accountability for the accident, such as a driver who ran a red light and hit another vehicle in a T-bone collision. In other cases, liability becomes more complex.
Understanding Third-Party Liability and Shared Fault
Utah’s modified comparative negligence law holds all responsible parties legally liable for their portion of fault in a car accident. For example, imagine an accident in which one driver sideswipes a vehicle, sending it out of its lane. Then, the driver loses control and hits another car. This is a more complex accident claim, with a third party liable for a portion of the damages.
Another common third-party liability case occurs when a city road maintenance agency fails to repair a dangerous pothole, and the road hazard causes a driver to swerve and hit an oncoming car. The negligent road maintenance agency shares liability as a third party.
What If I Was Partly Responsible for a Car Accident and Suffered Injuries?
Utah 78B-5-818 Comparative Negligence also states the following:
“The fault of a person seeking recovery may not alone bar recovery by that person.”
This law allows an injury victim to recover a portion of their total damages after a car accident, provided they are less than 51% at fault. In these cases, the insurance company subtracts the injury victim’s percentage of fault from the amount they pay out on the claim. For example, if the insurance company assigns an injury victim 25% fault for the crash, and the injury victim’s damages amount to a $100,000 claim, the insurance company pays $75,000.
It’s helpful to understand the benefits of a car accident attorney in complex car accident cases. Insurance companies have a profit-incentivized motive to assign undue fault to injury victims. A Salt Lake City personal injury attorney protects clients against these and other common insurance company tactics throughout the claim process.