September 07, 2023

How to Prove Fault in a Utah Car Accident

Call/Text Utah Car Accident Lawyer Jake Gunter at (801) 373-6345

Proving fault in a Utah car accident can range from straightforward to highly complex, depending on the circumstances of the collision. Clear cases like rear-end collisions or running a red light often have evident liability. However, for other accidents, determining fault may require thorough investigation and legal expertise.

This article outlines the key strategies for establishing fault in Utah car accidents, backed by expert insights from experienced car accident attorney Jake Gunter.

1. Eyewitness Accounts

Eyewitness testimony is one of the most reliable ways to determine fault in a car accident. Witnesses may provide unbiased perspectives that clarify the events leading to the collision.

  • Locating Witnesses: Police reports often include witness contact information. If details are missing, public records such as court filings, UCC records, or even speeding ticket databases can help locate them.
  • Witness Interviews: A skilled Utah car accident attorney will interview witnesses thoroughly to document their observations.

2. Surveillance Footage

Many businesses or residential properties near intersections have security cameras that may capture the accident.

  • How to Access Footage:
    • Voluntary Requests: Businesses may release footage voluntarily.
    • Legal Action: If denied, you can file a lawsuit to issue a Subpoena Duces Tecum, compelling the release of the footage.
  • Preservation Letters: Sending these letters early ensures the footage is not overwritten or deleted.

3. Accident Reconstruction Experts

Accident reconstructionists analyze physical evidence and create detailed reports to clarify how the collision occurred.

  • Key Evidence Considered:
    • Police reports and photographs.
    • Damage to vehicles and nearby structures.
    • Skid marks, road conditions, and speed estimates.
    • Physical injuries and their likely causes.
    • Witness statements.

4. Property Damage Analysis

The location and extent of property damage on the vehicles provide valuable clues:

  • Rear-End Collisions: Damage to the rear of a vehicle often indicates the other driver is at fault.
  • T-Bone Collisions: Damage location can indicate which driver failed to yield or ran a light.

5. Deposition Testimony of Drivers

Depositions are sworn testimonies from drivers involved in the accident, often conducted after a lawsuit is filed.

  • Role in Reconstruction: Accident reconstructionists use deposition details to strengthen their findings.

6. Insurance Adjuster Interviews

Insurance companies collect detailed statements from drivers and witnesses immediately after an accident.

  • Obtaining Interviews:
    • Request your own adjuster’s records.
    • Pursue third-party insurance company interviews when possible.

7. Police Officer Observations

The responding officer’s report is a critical document in determining fault.

  • What It Includes:
    • Photos of the scene.
    • Witness statements.
    • Admissions made by drivers.
    • Potential body cam or dash cam footage, accessible via public records requests.

8. 911 Calls and Dispatch Records

Emergency calls can offer real-time accounts of the collision, often from unbiased witnesses.

  • Accessing Records: Public records requests can obtain these valuable recordings.  Use Utah’s GRAMA statute.  Utah’s public records requests.

9. Hire a Skilled Car Accident Lawyer

Navigating fault determination requires knowledge of the Utah Traffic Code and legal expertise.

  • How a Lawyer Helps:
    • Analyzes all evidence, from witness statements to surveillance footage.
    • Understands the Utah Traffic Code intricately.
    • Negotiates with insurance companies and presents a strong case in court if needed.

10. Understanding the Utah Traffic Code (41-6a-101)

The Utah Traffic Code governs all roadway rules and is the foundation for determining liability in car accidents. Familiarity with its 20 chapters covering various vehicles and scenarios is essential for building a solid case.

Comparative Fault and the 51% Rule in Utah

Utah follows a comparative fault system with a 51% bar:

  • You can recover damages only if you are 49% or less at fault.
  • Your compensation decreases proportionally with your degree of fault.

Example Verdicts:

  • Rear-End Collision:
    • At-fault party is 100% responsible.
    • Plaintiff incurs $10,000 in medical bills and receives the full $70,000 award.
  • Intersection Collision:
    • Plaintiff is 30% at fault.
    • Jury awards $100,000, reduced by 30%, resulting in $70,000.
  • Left-Turn Collision:
    • Plaintiff is 80% at fault.
    • Compensation for the other party is reduced by 20%.

Conclusion: Proving Fault in a Utah Car Accident

Determining fault after a Utah car accident requires a comprehensive investigation and an in-depth understanding of legal principles. From eyewitness accounts to accident reconstruction, every detail matters.

For expert legal assistance in your car accident case, call or text Utah Car Accident Lawyer Jake Gunter at (801) 373-6345 for a free consultation.