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Understanding the Role of Fault in Auto Accident Cases

There are several concepts that are important to consider if you've been in a car accident, and one of the most notable from a legal and financial standpoint is that of fault. Who is at fault in a car accident, and how do you prove that fault if you believe it lies in another party?

At the offices of William Rawlings & Associates, we offer the very best auto accident attorney services across Salt Lake City, Draper, Provo and nearby areas of Utah. We regularly assist clients with important themes like determining and proving fault. Here are some basics on how the state of Utah manages fault for vehicle accidents, how to determine who is at fault in a car accident, and how to prove fault.

Role of Fault in Auto Accident Cases

How Fault Works in Utah

The state of Utah follows what's known as a comparative fault (or comparative negligence) system, meaning that multiple parties can share fault for the same accident and compensation for liability will depend on these percentages. Utah is also a "51% fault state" - this means that if you are at least 50% at fault in a given accident, you cannot recover any damages from it.

That said, many accidents will involve one party or another being assigned most or even all of the fault. For instance, if you were hit by a drunk driver in Utah, it's very likely that driver will be assigned almost all or even all of the fault for damages to your vehicle and any injuries you've sustained.

Determining Who is at Fault

Some basic steps to take if you believe another party is at fault for an accident:

  • Prioritize safety first: No matter what, even if you believe someone else caused the accident, prioritize safety first. Check for injuries and call emergency services if needed.
  • Exchange information: Get the other party's name, insurance info, driver's license number, license plate number and contact details.
  • Gather evidence: Take photos of any vehicle damage or injuries sustained in the accident, as well as any road conditions that may have contributed. If you can't safely take photos yourself at the scene, do so later.
  • Speak with potential witnesses: If there were any bystanders who saw the accident happen and are willing to give their accounts, get their names and contact information.
  • Retain an attorney: If you believe another party is at fault, hire an attorney right away. They can help guide you through the process and ensure your rights are protected, including helping you prove fault.

Once these steps are complete, you can begin to build your case for fault against the other party. Keep in mind that Utah follows modified comparative fault rules - this means that if you are found partially at fault for an accident, your compensation will be reduced by the percentage for which you're deemed responsible. For instance, if you were found 20% at fault and awarded $10,000 in damages, your final settlement would be $8,000.

Proving Fault

To prove fault in a car accident case, it's important to have evidence backing up your claims. This could include things like:

  • Police reports from the accident scene.
  • Eyewitness testimony.
  • Accident reconstruction experts.
  • Medical records and bills.

An experienced auto accident attorney will be able to guide you through the process of gathering evidence and building your case for fault. They can also help negotiate with insurance companies and fight for the best possible outcome for your particular situation.

Additional Scene Tips

Here are a few additional tips when it comes to fault:

  • Never admit fault: Even if you believe you're partially at fault, never admit this to the other party or their insurance company. This can be used against you later.
  • Be aware of statute of limitations: In Utah, the statute of limitations for personal injury claims is generally four years from the date of the accident. Don't wait too long to file a claim.
  • Keep copies of all relevant documents: From vehicle repair estimates and medical bills to any correspondence with insurance companies, make sure to keep copies of everything related to your accident and claim.
  • Consider accident reconstructionists: Depending on the complexity of your case, it may be helpful to hire an accident reconstruction expert to help determine exactly what happened and who was at fault.

If you're unsure who is at fault in a car accident you’ve been in, don't hesitate to reach out to William Rawlings & Associates today for a free consultation. We'll help you understand your legal options and work diligently to get you the compensation you deserve, whether you're in SLC, Draper, Provo or any nearby area.

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