How Utah’s “Modified Comparative Negligence” Rule Can Affect Your Car Crash Settlement

Understanding how fault is evaluated after a car crash is one of the most essential parts of any injury claim in Utah. Many people assume that the driver who caused the collision is automatically responsible for all the resulting damages. In reality, Utah follows a “modified comparative negligence” system that can significantly affect the amount of compensation an injured person is eligible to receive.

This rule determines whether someone can recover at all and how much their final settlement may be reduced. Because insurance companies often use this rule to limit payouts, injured individuals need to understand how it works and why early statements can influence a case’s outcome.

What Modified Comparative Negligence Means in Utah

In Utah, injury claims are governed by a modified comparative negligence standard. This system assigns each party a percentage of fault for the collision, and that percentage directly affects their ability to recover compensation. The rule is straightforward in theory, but can become complicated in practice, especially when insurance companies try to shift blame.

Under Utah’s 50 percent threshold, an injured person can recover compensation only if they are found to be 49 percent or less at fault for the crash. If they are assigned 50 percent or more of the blame, the law bars them from receiving any damages. If their share of fault is below 50 percent, their compensation is reduced by the same percentage. Even small increases in fault allocations can drastically affect a settlement, which is why careful evidence gathering and early legal guidance are so important.

How Fault Percentages Can Reduce a Settlement

Every percentage point matters in a comparative negligence case. When an insurance company argues that an injured person played a role in the crash, they are also arguing to reduce the value of the claim. Understanding how the reduction works helps illustrate why insurers push so aggressively to shift blame.

For example, if a driver is awarded $100,000 in damages but is assigned 20 percent fault, their compensation will be reduced by 20 percent. They would receive $80,000 instead of the full award. If that same driver is assigned 50 percent fault, they receive nothing. Even seemingly minor allegations, such as braking too late, driving slightly above the speed limit, or failing to notice another driver’s error, can be used to increase an injured person’s percentage of fault.

Why Insurance Companies Focus on Early Statements

One of the most critical factors in fault determination is what an injured person says immediately after the crash. Insurance companies know this, which is why they often contact victims quickly, sometimes within hours, hoping to obtain a recorded statement before the individual has had time to understand what happened fully.

Early statements carry significant weight because they can be interpreted as admissions of fault. A simple apology, uncertainty about how the collision occurred, or a careless choice of words can be taken out of context and used against the injured person later. Insurers may also ask leading questions designed to elicit responses that suggest partial responsibility. Once these statements are recorded, they can be challenging to correct, even when they do not accurately reflect the facts.

Avoiding recorded statements and directing all communication through an attorney can help protect a claim from being compromised. Our Salt Lake City car accident lawyers ensure that insurers receive only accurate, necessary information and prevent misinterpretations that could reduce compensation.

How Evidence Influences Fault Determinations

Although insurance companies rely heavily on early statements, objective evidence ultimately plays a central role in determining fault percentages. This evidence may include police reports, traffic camera footage, crash reconstruction analysis, photographs, and witness statements. Each piece of documentation helps establish what actually happened and prevents insurers from unfairly increasing an injured person’s share of fault.

A thorough investigation is vital, especially when liability is disputed or when multiple drivers may have contributed to the crash. Our experienced attorneys know how to uncover evidence that may not be obvious to the parties and challenge unfair or unsupported fault allocations.

Why Legal Representation Matters in Comparative Negligence Cases

When fault percentages can make or break a claim, having legal representation is critical. Our attorneys identify attempts by insurers to shift blame, gather evidence to support an accurate assignment of fault, and negotiate for a settlement that reflects the actual circumstances of the crash. Without legal support, an injured person may unknowingly accept an unfair determination of fault that reduces or eliminates their right to compensation.

Waddoups Law provides the guidance and advocacy Utah crash victims need to protect their interests from the very beginning. By managing communications, collecting evidence, and navigating Utah’s fault rules, our Salt Lake County attorneys help injured clients pursue the fullest recovery available, beginning with a free consultation.