Davis County Car Accident Attorneys
Helping Utah Families Fight for Fair Compensation
More than 3 million people are injured in car accidents every year across the United States, making car accidents one of the top causes for injury, disability, and death across all age groups and demographics. Although you may be able to avoid some crashes by exercising good judgment, the unfortunate truth is that negligent, careless drivers cause many of the most serious car accidents in Utah – and leave injury victims to deal with the wreckage.
At Pearson Butler, our full-service law firm is ready to assist Davis County families who have suffered severe injuries and losses after a car accident. If you believe that another driver was negligent and your case meets certain conditions, our car crash lawyers can help you with the process of filing a personal injury lawsuit against the at-fault driver, to secure the financial resources your family needs.
Contact us at (801) 509-5573 or submit our online form to schedule a free consultation with our experienced team.
When Can I File a Car Accident Lawsuit?
Utah is considered a “no-fault” state for car accident insurance, meaning that in most cases, you will need to file a claim with your own insurance provider first, even if the other driver was mostly responsible for your accident. However, there are many cases where a no-fault insurance settlement will not account for your medical expenses, disabilities, and lost earning potential, which is why Utah also allows some victims to file car accident lawsuits. This is most often the case for catastrophic injuries, or injuries that leave you unable to return to gainful employment and normal life within a certain recovery period.
These are the statutes of limitation on car accident lawsuits in Utah:
- Injuries: You have 4 years from the date of your crash to file a lawsuit for accident injuries.
- Property Damage: You have 3 years to file a lawsuit for property damage to your vehicle.
- Death: You have 2 years to file a wrongful death lawsuit when a loved one has been killed in a car crash.
What Counts as Negligence in a Car Accident Case?
Drivers have a responsibility to meet the “duty of care” required to protect other drivers from undue harm. This generally means obeying traffic laws, not driving under the influence (DUI), and showing consideration and respect for other drivers as you operate your vehicle. If an individual has not met the “duty of care,” they could be considered civilly liable for your injuries. In some extreme cases of negligence, such as for DUI and reckless driving, the jury or judge may award additional “punitive damages” to discourage other drivers from gross negligence.
Common examples of driver negligence on Utah roads include:
- Failing to properly signal a merge or turn
- Road rage and aggressive behavior, such as tailgating
- Distracted driving (such as texting and driving)
- Drinking behind the wheel or driving under the influence
- Speeding and reckless driving
- Ignoring visible traffic signs and stoplights
If you are eligible to file a lawsuit, your claim will be assessed based on the principle of modified comparative negligence. Under this rule, you can still file a lawsuit even if you are partially responsible for the car accident that caused your injuries. However, the value of your claim will be reduced based on your overall percentage of fault: For example, if a jury finds you 10% responsible for a car crash, you will only be eligible for 90% of the total claimed.
When you are unsure about how to proceed for a car accident claim, it’s important to speak with a qualified Bountiful car accident attorney as soon as possible. With almost 40 experienced and compassionate attorneys serving our clients here at Pearson Butler, our multi-disciplinary team can apply decades of experience to your case and help you find the best path forward for your family.
Need to speak with a lawyer about your car accident claim? Call Pearson Butler today at (801) 509-5573 to get started!