What to Know About Comparative Fault and Shared Liability

Personal injury cases aren’t always black and white. Sometimes, multiple parties share responsibility for an accident, creating a complex web of liability that can impact your financial recovery. If this is the case for you, reach out to our personal injury lawyer in St. George today.

When liability is distributed among different parties, Utah’s legal system employs comparative fault rules to determine how damages should be allocated. Depending on the circumstances of your accident, these laws can significantly reduce your compensation or prevent you from recovering any compensation at all. 

How Utah’s Comparative Negligence Law Works

Utah follows a modified comparative negligence system with a 50% threshold, meaning you can recover damages only if you are found to be less than 50% at fault for the accident. Your settlement is reduced by your percentage of fault, but if you are 50% or more responsible, you receive no compensation.

Here’s how it works: Suppose you’re injured in a car accident, and your total damages amount to $100,000. If you are found 20% at fault for the accident, your compensation would be reduced by that percentage. You would receive $80,000 instead of the full $100,000. However, if you are determined to be 50% or more at fault, Utah law prevents you from recovering any compensation, regardless of how severe your injuries are or how negligent the other party was.

Situations Where Shared Liability May Apply

Shared liability can arise in various types of personal injury cases, often catching victims off guard when they assumed the other party was entirely at fault. These may include:

• Motor vehicle collisions where both drivers violated traffic laws or failed to exercise reasonable care
• Slip and fall accidents where property owners failed to maintain safe conditions, but the injured parties ignored obvious hazards
• Product liability claims involving defective products where users did not follow safety instructions or used the items inappropriately
• Premises liability cases where dangerous conditions existed, but the injured parties were intoxicated or acting recklessly

How to Defend Yourself from Allegations of Fault

Utah’s comparative fault laws can have a serious impact on your ability to recover compensation, putting you at risk of financial hardship in the future.  To protect yourself from these allegations, it is important to act quickly. Start by documenting everything at the accident scene—take photos, get witness statements, and note environmental conditions. Never admit fault or apologize, since these statements can be used against you later.

Most importantly, consult with a Utah personal injury attorney as soon as possible. A lawyer will understand the tactics that are often used to shift blame onto plaintiffs, and they also know how to build a strong defense against these allegations. Your attorney will analyze police reports, interview witnesses, consult with accident reconstruction experts, and gather evidence that supports your version of events while highlighting the other party’s negligence.

Speak to a Utah Personal Injury Attorney Today

Defendants often exploit comparative fault rules to minimize their liability, arguing that injured parties share more fault than they actually do. A Utah personal injury attorney knows how to counter these strategies effectively. They will investigate your case thoroughly, gather evidence that supports your position, and work to minimize any fault attributed to you while maximizing the other party’s responsibility. Contact a lawyer today to protect your rights and pursue the full compensation you deserve.