What Happens if Multiple Parties Are Responsible for a Wrongful Death?

When more than one party causes a death in Utah, each one pays only for its own share of the fault. A judge or jury assigns each party a percentage, and the damages are divided accordingly. This rule affects who should be named in a claim and how much your family may recover. In the event a loved one passed due to the negligence of another, contact our wrongful death attorney in Salt Lake City today.

How Can More Than One Party Contribute to a Single Death?

Fatal accidents are rarely caused by one mistake. Often, careless decisions by several people or companies combine to cause a death.

For example, a truck driver may push past federal hours-of-service limits to meet a tight delivery schedule while the trucking company skips required brake inspections to save money. When the truck causes a fatal crash, the driver and the company may both share responsibility.

How Utah Divides Fault Among Defendants in a Wrongful Death Claim

Utah uses a comparative fault system under the Utah Liability Reform Act, found at Utah Code Ann. § 78B-5-818. The judge or jury will first review the evidence and decide which parties acted carelessly and contributed to the death. Each liable party receives a percentage of fault, and together the percentages add up to 100.

Those percentages then control who pays what. Each defendant pays only the portion of the damages that matches its share. For example, if a jury awards $1 million and finds a trucking company 60 percent at fault and a parts manufacturer 40 percent at fault, the company owes $600,000 and the manufacturer owes $400,000.

Utah does not use joint and several liability, a rule that would let a family collect the full award from any one defendant. This means one defendant generally cannot be made to pay another’s share. If an at-fault party is uninsured or left out of the claim, your family may be unable to collect its share.

Identifying Every Party Who May Share Responsibility

Under these rules, missing a responsible party can directly shrink your family’s award. A full investigation looks past the most obvious defendant to find everyone whose actions or policies played a part in the death. A Utah wrongful death lawyer can lead that investigation and uncover evidence your family may not know exists, which may involve:

• Gathering police reports, autopsy findings, and medical records
• Preserving vehicles, equipment, or defective products
• Reviewing maintenance logs, employment records, and safety policies
• Working with accident reconstructionists, engineers, or medical professionals
• Identifying insurance policies held by each potential party
• Researching prior recalls, complaints, or safety violations

With every responsible party identified, your attorney can name each one in the claim, present evidence of its share of fault, and pursue compensation from all available insurance policies.

Speak to a Salt Lake City Wrongful Death Attorney About Your Family’s Case

Losing someone you love to another person’s carelessness is devastating, and you should not have to figure out who is to blame on your own. At We Win Injury Law, our Salt Lake City injury attorneys look into every party that may have played a role in your loved one’s death and work to hold each one accountable for its share.

Because Utah’s fault rules can affect how much your family recovers, we build each claim with every responsible party in mind. Schedule a free consultation to discuss what happened and learn what options may be available.