What Determines Utah Car Accident Liability?
In Utah, if a car accident occurs and someone is injured or killed, the liability for the damage falls on the shoulders of those responsible for the vehicle crash. Proving who is at fault is easier when a person can gather the appropriate evidence to help.
How Liability Works in Utah Auto Accidents
In Utah, liability can be split between the parties of the auto accident when weighing who is most at fault. Some states cite in their laws that if you are found more than 50% at fault, then the insurance company doesn’t have to pay you anything for your insurance claim or medical woes. Utah is one of these states.
For example, if you stopped at a red light and were rear-ended, then it’s clear the person that rear-ended you is at fault. You might be eligible for a payout. If you were drag racing with your friend on a remote highway at dusk and yank hard left to avoid oncoming traffic and then piled into a few mailboxes or a fence, then you might be found more than 50% responsible for the accident and would get nothing. The final percentage that you’re found to be responsible for the accident helps Utah accident attorneys properly negotiate with the insurance companies to obtain the fairest payout possible.
Utah Car Accident Attorneys Gather Evidence on Your Behalf
A qualified Utah car accident attorney works to gather evidence for you about the crash in easier ways that you might not have access to yourself. They will reach out to law enforcement to get copies of police reports, obtain video footage that might have been on cell phones in use at the time of the accident, medical reports, and witness statements. Many other types of evidence can help sharpen the edge to your claims of innocence.
- Surveillance footage from surrounding businesses or homes
- Technical data from vehicle sensors of all vehicles involved
- Dashcam footage
- Verbiage found on detective notes from witness interviews
- Images and posts made on social media, before and after the accident
If you’re not at fault for the accident, there’s usually a definitive way of proving it. If not, then you can at least prove you weren’t driving under the influence, disobeying traffic laws, or driving recklessly.
Can You Take Pictures Yourself?
If it’s safe to do so and won’t cause you further injury, feel free to take pictures with your phone of the accident from as many angles as you can, including placement of the vehicles on the road, in the intersections, the license plates of those involved and those of witnesses, and damage to the cars. Don’t take photos of any person without their permission unless they are standing in the area you’re photographing and are on public property. If the person is on private property or a minor, then do not photograph them. If a person standing on public property in the accident scene objects to being photographed, then retake the photos. Reframe your image as much as possible to avoid the person’s face. Photos help validate or disprove any claims that might be made during the settlement process.
Use a Utah Personal Injury Lawyer to Help You
Once you’ve been in an accident and received initial medical care, you should consider involving a Utah personal injury lawyer quickly. A Utah personal injury attorney will have experience in all types of vehicle and transit-related accidents. Getting a Utah personal injury lawyer doesn’t make you a bad person. On the contrary, it helps relieve you of dealing with tactics put forth by the insurance company to pay you less, and they know what to do when the other party starts denying claims or refuses to take responsibility. By letting them help, you don’t have to think about it or deal with it any further.
Contact Your Trusted Provo Car Accident Attorneys
Faithfully serving the Provo, UT, and larger surrounding areas, we here at Howard Lewis & Petersen have seen our fair share of car accident victims. We work hard on your behalf to make sure the insurance companies don’t pressure you to settle for less than what the law cites. Let us help shoulder the legal burden of your recovery. The crash wasn’t your fault. You don’t deserve to be stuck with life-changing bills because of it.
