Car accidents and personal injuries often raise a complicated legal question: What happens if the injured person was partly at fault? In Utah, the answer lies in the principle of modified comparative fault. This legal rule determines whether you can recover compensation and, if so, how much. For residents of Riverton, this rule can be the difference between a full recovery and receiving nothing at all.
Understanding comparative fault is crucial because insurance companies always try to pin some degree of blame on the victim to reduce their financial payout. Without strong legal advocacy, many injured individuals face devastating reductions in their settlement or verdict. If you have been injured in an accident, seeking immediate counsel with a car accident lawyer Riverton from Porrazzo Rawlings Accident & Injury Law, formerly known as William Rawlings & Associates, is the most important move you can make to protect your claim against arguments of shared fault.
Utah’s Modified Comparative Fault Rule Explained
Utah follows a modified comparative fault system with a strict 50% bar. This system operates on two key principles:
- Compensation Reduction: If you are found to be partially at fault for the accident, your total compensation is reduced by your percentage of fault. For instance, if you sustain $100,000 in damages but are found to be 20% at fault, your recovery will be reduced by 20% to $80,000.
- The 50% Bar: If a court or jury finds you to be 50% or more responsible for the accident, you are completely barred from recovering any compensation from the other party.
This means that the difference between being 49% at fault and 50% at fault is the difference between recovering a significant portion of your damages and recovering nothing. This fine line makes the determination of fault the central battleground in almost every personal injury case.
When the stakes are this high, you cannot afford to face the other driver’s insurance lawyer alone. The insurance company’s entire strategy will be focused on pushing your percentage of fault to 50% or higher. Engaging an experienced attorney for accident claim from Porrazzo Rawlings Accident & Injury Law ensures that a dedicated legal professional is working to minimize your assigned fault and maximize your recovery.
How Insurance Companies Use Shared Fault Against You
Insurance adjusters are trained to use everything you say against you. Their goal is profit, and every percentage of fault they assign to you is a dollar saved for the company. They will use tactics such as:
- Misinterpreting statements you made at the scene.
- Claiming you were speeding, distracted, or failed to take evasive action.
- Minimizing the severity of your injuries by alleging that you delayed medical treatment.
For example, in a rear-end collision, which often seems straightforward, the defense might argue that your brake lights were faulty, or that you slammed on your brakes unnecessarily. This quickly complicates the matter, and without solid proof to counter their claims, the court might assign you a percentage of blame.
As a Riverton resident, having a dedicated car accident lawyer Riverton UT on your side means you have a powerful shield against these tactics. Porrazzo Rawlings immediately gathers and preserves evidence—such as traffic camera footage, cell phone records, and vehicle inspection reports—to conclusively prove the other driver’s negligence and protect you from unfair blame.
The Value of Proving Negligence in Riverton
To successfully win a personal injury case in Utah, your Riverton personal injury attorney must prove four key elements of negligence: duty, breach, causation, and damages. Establishing these elements is complex, especially when the defendant argues you were also negligent.
Consider this official data point regarding the impact of these cases: The National Highway Traffic Safety Administration (NHTSA) reports that driver-related factors were the critical reason for 94% of crashes, with recognition errors (like inattention and false assumptions) and decision errors (like speeding or illegal maneuvers) being the most common types of negligence. This statistic demonstrates that most accidents result from human error—which means that someone is liable.
The problem arises when the liable party and their insurer attempt to shift that liability. Porrazzo Rawlings specializes in proving that the other driver’s negligence was the primary cause of the accident, keeping your fault percentage low or at zero. We work with accident reconstructionists and medical experts to build an irrefutable case that links the defendant’s breach of duty directly to your damages. It is this thorough evidence collection and presentation that often persuades a jury or an adjuster to accept a fair settlement. When you need a highly effective Utah accident attorneys team, our firm’s success comes from our willingness to put in this work. This attention to detail can prevent you from realizing until it’s too late that your claim was compromised.
Securing Your Future with Porrazzo Rawlings
Many accident victims try to handle their claim on their own to save money, only to find themselves completely overwhelmed by paperwork, phone calls, and the aggressive pressure from insurance lawyer adjusters. They often accept a settlement far below what their injuries are truly worth because they fear the idea of litigation or don’t want to receive nothing due to Utah’s 50% bar rule.
When you hire Porrazzo Rawlings Accident & Injury Law, you gain a dedicated partner who manages the entire legal and administrative process. We work on a contingency fee basis, which means you pay nothing up front and nothing at all unless we win your case. This removes the financial risk and allows you to access top-tier legal representation immediately.
Our attorneys bring decades of collective experience to the table. We understand the local court systems and the settlement trends in the Riverton area. Whether through negotiation or trial, our singular focus is maximizing your financial recovery so you can cover medical bills, lost income, and pain and suffering. If you have been injured, contacting a proven car accident attorney is the only way to safeguard your rights against the threat of shared fault arguments.
Your Clear Path to Compensation
Porrazzo Rawlings Accident & Injury Law invites you to reach out for a free, confidential case evaluation. There is no risk, and no obligation—only a chance to speak with a seasoned professional who can determine your rights and outline a clear path forward. Choose the car accident lawyer Riverton residents rely on for assertive, client-focused representation.
Take the crucial step to protect your claim from arguments of shared fault. Contact Porrazzo Rawlings Accident & Injury Law for a free consultation today.
- Call Us Now: (801) 553-0505 to speak with an attorney.
- Chat with Us: Visit our website to start a secure chat with a team member.
- Fill Out a Form: Complete our online contact form to receive a free case evaluation from a skilled car accident lawyer Riverton UT.