Who’s Liable When a Third-Party Causes a Car Accident?
Utah residents lead active, productive lives, but the industriousness of daily life leads to congested traffic, frequent road construction, and frustrated drivers. Unfortunately, the daily bustle of Utah life also means Utah saw more than 61,400 car accidents in a single recent year, with over 26,000 injuries and 332 fatalities.
Most car accidents involve two drivers, for instance, when one driver’s careless or reckless actions cause a collision. However, some car accident cases are more complex, especially when a third party causes or contributes to the accident.
Contact a Salt Lake City car accident lawyer today to get the compensation you deserve.
Understanding Utah’s Modified Comparative Negligence System
Like most states, Utah operates under a fault-based car accident system with a modified comparative negligence rule. This system requires investigators to determine the percentage of fault for each involved party in the accident. Even if a driver contributed to the cause of the accident, they can recover compensation as long as they are less than 50% at fault, but the insurance company deducts their percentage of fault from the amount they recover in their claim. When a third party caused or contributed to an accident, they may be held liable for the damages under the comparative negligence system.
For example, if a collision occurred between two vehicles because a driver was speeding and swerved into another lane, colliding with a vehicle already in the lane, the driver who swerved into the other vehicle is responsible for the crash and liable for the injury victim’s damages, like medical expenses, lost earnings, and compensation for pain and suffering. But what if the at-fault driver swerved because a negligent road maintenance contractor left debris in the roadway? In this case, the negligent road maintenance contractor is a third-party involved in the accident, and can be held liable in an injury victim’s claim to recover damages, along with the driver who swerved and caused the collision.
Common Third Parties Named In Utah Car Accident Cases
Car accident cases are not always a simple matter of one careless or reckless driver being 100% at fault. For this reason, insurance companies assign adjusters to investigate an accident and determine each party’s percentage of fault based on the circumstances. An injury victim often hires an experienced car accident lawyer to investigate the accident and protect their best interests throughout the claims process.
A successful claim requires compelling evidence of the other driver’s fault and proof that a third party caused or contributed to the accident. Common third-party contributors named in Utah car accident claims include the following:
- A third driver, such as one who caused a secondary impact in a multi-car accident
- A negligent road maintenance agency, for example, for a poorly timed or inadequately planned construction project
- A negligent road construction contractor, for example, if the crew left dangerous debris, obstructions, or other conditions
- A road planning agency that designed a confusing intersection or one with obstructed views
- Government entities, such as the police or fire department if they cause or contribute to the accident or injuries
- The manufacturer of a defective vehicle part
- A bar or pub that continued to serve an obviously inebriated person or an underage drinker
- A negligent vehicle repair shop if an improper repair job caused or contributed to an accident
A thorough investigation into all aspects of a car accident is necessary to determine the cause, identify all liable parties, and pinpoint the appropriate insurance company or companies with which to file compensation claims. A personal injury attorney in Salt Lake City will help you ensure the right people are held accountable and that you get your due compensation.
How Can a Utah Car Accident Attorney Help Me?
It’s always beneficial to have legal representation during a car accident case. Insurance adjusters investigate with protecting their company’s profits as their highest priority, while an attorney conducts an independent investigation with maximizing your compensation as their primary purpose.
Contact Handy & Handy online to speak to a Utah car accident lawyer about your right to full and fair compensation, including from a third party who caused or contributed to the accident.