Oct 31 2017

Utah Car Accidents: 51% Rule

Accidents are bound to happen. If you’re injured in an accident how do you figure out who is at fault?  How do you determine how much your injury claim is worth?  Our legal system in Utah uses negligence claims as a way of determining fault.  Finally, it also outlines how to determine how much the responsible party should pay. Let our experienced car accident and truck accident lawyers help you get you life back on the right track.

Elements of Negligence Cases

For any negligence claim to be successful, a party must prove several elements of a negligence case:

  • Duty: the defendant owed the plaintiff a duty of care;
  • Breach of Duty: the defendant failed to meet that duty;
  • Cause in Fact: but for the defendant’s actions, the plaintiff would not have been injured;
  • Proximate Cause: the defendant’s failure (and not something else) caused the plaintiff’s injury; and
  • Damages: the plaintiff has actually been injured and suffered some loss.

Did the responsible party owe a duty of care to another?   Did that person fail in fulfilling that duty?  If a breach of duty of care occurred, the person might be financially liable for injuries caused.  Furthermore, it must be determined if the person was the direct cause of the injuries, the extent of the harm, and the amount of damages.

Under Utah law, your recovery in a negligence can diminish based on your own fault.  So, if you contributed at all to your injuries you may not be entitled to damages.  Utah requires that you are less than 50% at fault to recover against another party.  Therefore, if you are 49% at fault you may have a case.  Consequently, if you are 51% percent at fault you are entitled to nothing

Free Car Accident Consultation

These laws and theories can be confusing. It’s important to meet with an experienced Salt Lake City car accident lawyer.   Our Utah accident lawyers will speak to you for free about your case.  We will also advise you on your rights as well as your deadline to file a lawsuit. We are available 24/7 to answer any questions you may have.  Call us now at 801-553-0505.