Utah's comparative negligence law allows plaintiffs to recover damages even if they are partially at fault for the accident. This law can be complicated, so we’ve created a breakdown of Utah’s comparative negligence law to help you understand how it works. Keep reading to learn more.
Contributory vs. Comparative Negligence
Forty-six states in the country are considered comparative negligence states. This means that the compensation a plaintiff receives depends on the amount of fault they contributed to their car accident. While most states are pure comparative states, Utah is a modified comparative state.
Modified Comparative Negligence
Utah is a modified comparative negligence state with a 50 percent at-fault bar. This means that if you are 50% at fault, you cannot recover any damages. However, if you are only found 49% at fault for your accident, you can receive 49% of the damage award at the end of the case.
In contributory negligence states, plaintiffs who are found even the slightest bit responsible for their accident cannot seek compensation for damages. This is especially hard for people who are found 2% at fault for the accident because they are not able to collect any damages. The following states follow contributory negligence laws:
- North Carolina
- District of Columbia
You can collect compensation for the following accidents only if you are 49% at fault or less:
- Car Accidents
- Pedestrian Accidents
- Boating Accidents
- Bicycle Accidents
- Motorcycle Accidents
Negligence is also a contributory factor in product or premises liability cases.
Utah Injury Attorneys
Nothing hurts more than sustaining injuries due to another person’s negligence. Even if you were partially at fault, you deserve your chance to seek justice and compensation. Our personal injury attorneys can assist you through the whole process of filing a personal injury claim. To get started, call Pearson Butler at 801-495-4104 or fill out a consultation request form.