What Is Comparative Negligence in Utah?
With auto accident, slip and fall, or any personal injury case, Utah follows a modified comparative negligence rule, which allows injured parties to recover damages even if they are partially at fault—as long as they are not 50% or more responsible.
Utah’s Comparative Negligence Law (Utah Code § 78B-5-818)
Under Utah Code § 78B-5-818, Utah follows a modified comparative negligence system with a 50% bar rule:
✔️ If you are 49% or less at fault, you can still recover damages, but your compensation will be reduced by your percentage of fault.
❌ If you are 50% or more at fault, you cannot recover any damages.
For example, if you were awarded $100,000 in damages but were found 25% at fault, your compensation would be reduced to $75,000.
How Fault Is Determined in Utah Personal Injury Cases
When filing a personal injury claim in Utah, insurance companies, attorneys, and courts examine various types of evidence to assign fault, including:
📌 Police reports
📌 Eyewitness testimony
📌 Dashcam or surveillance footage
📌 Accident reconstruction analysis
📌 Medical records
📌 Expert witness testimony
Since insurance companies often try to shift blame to reduce their payout, working with a Utah personal injury lawyer can help protect your claim.
Examples of Comparative Negligence in Utah
Example 1: Car Accident at an Intersection
🚗 Driver A runs a red light and crashes into Driver B, who was speeding.
📌 The court finds Driver A 70% at fault and Driver B 30% at fault.
✅ Driver B can still recover 70% of their damages.
Example 2: Slip and Fall in a Grocery Store
🏬 A customer slips on a wet floor but was texting and not paying attention.
📌 The court finds the store 60% at fault and the customer 40% at fault.
✅ The customer can still recover 60% of their damages.
Example 3: Motorcycle Accident on a Highway
🏍️ A motorcyclist is lane-splitting (illegal in Utah) when a car merges without signaling.
📌 The court assigns 45% fault to the driver and 55% to the motorcyclist.
❌ The motorcyclist cannot recover damages.
How Comparative Negligence Affects Personal Injury Settlements
Insurance companies in Utah frequently use comparative negligence as a tactic to reduce settlements. If an adjuster believes you share fault, they may offer a lower payout or try to deny your claim entirely.
🔹 Tip #1: Never admit fault at the scene of an accident.
🔹 Tip #2: Gather as much evidence as possible.
🔹 Tip #3: Consult a Utah personal injury lawyer before speaking to the insurance company.
Why You Should Hire a Utah Personal Injury Attorney
Since Utah’s comparative negligence law directly affects how much compensation you can recover, working with an experienced personal injury attorney in Salt Lake City can help you:
✔️ Prove liability and prevent the insurance company from unfairly blaming you.
✔️ Negotiate a higher settlement based on Utah negligence laws.
✔️ Take your case to court if the insurance company refuses a fair offer.
🚨 Free Consultation – Contact Salt Lake Injury Law Today!
If you’ve been injured in an auto accident, slip and fall, or any personal injury case, you deserve fair compensation. Our team at Salt Lake Injury Law will fight to protect your rights and maximize your recovery.
📞 Call now: 801-739-5888