Who Is at Fault? How Liability Works in Utah Car Accidents
Liability determines who pays — and how much. Attorney Brad DeBry explains how fault is divided, why it matters for your property damage claim, and what to do when the insurance company blames you.
Liability Means Responsibility — and It's Not Always Black and White
You're going to hear the word "liability" constantly while dealing with your car crash. As attorney Brad DeBry explains: "Put simply, liability means responsibility — who is at fault and how much fault do they have?"
Here's the critical part most people miss: more than one person can be at fault. DeBry uses a pizza analogy: "Dividing up fault works kind of like a pizza. The other person might be 100% at fault — the whole pizza. Zero percent at fault — none of the pizza. Or anywhere in between."
This matters because in Utah, your recovery is reduced by your percentage of fault. If you're 20% at fault, you only recover 80% of your damages.
Utah's Modified Comparative Fault Rule
Utah follows a modified comparative fault system (Utah Code §78B-5-818). The rule is simple but harsh:
- •Less than 50% at fault: You can recover damages, reduced by your fault percentage
- •50% or more at fault: You recover nothing
Example: Johnny runs a red light and hits Susie. But Susie was speeding and looking at her phone. The insurance company argues Susie is 20% at fault. If her total damages are $10,000, she'd recover $8,000 (80%).
If the insurance company can push Susie's fault to 50%, she gets zero. That's why they aggressively assign fault — every percentage point saves them money.
How to Prove the Other Driver Was at Fault
Brad DeBry's checklist for building your liability case:
1. Get the police report. What did the officer say? Who was cited? Were witnesses interviewed?
2. Talk to witnesses. "Crash scenes are incredibly stressful and witnesses may have left things out of their witness statements. You want to call them and talk to them and get statements if you can."
3. Find video evidence. Local businesses, doorbell cameras, gas stations, dashcams. "Video can make all the difference in the world."
4. Draw crash diagrams. Use Google Maps. Create a before-and-after diagram showing vehicle positions, directions, and point of impact.
5. Compare insurance assessments. Find out what each insurance company thinks about fault. "If you disagree, be sure that you understand what each adjuster thinks and why."
As DeBry warns: "Bad decisions about liability can affect not just your property damage claim, but any possible injury claim, health insurance payments, future insurance rates, your credit, and many other things."
Frequently Asked Questions
Can I recover damages if I was partially at fault in Utah?
Yes — as long as you're less than 50% at fault. Your recovery is reduced by your fault percentage. At 50% or more, you recover nothing under Utah's modified comparative fault rule (§78B-5-818).
How do insurance companies determine fault?
They review the police report, witness statements, photos, video, and damage patterns. They assign fault percentages that directly affect your payout. You can challenge their determination with your own evidence.
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