If you’re injured in Utah due to someone else’s actions, you may be able to recover compensation for your losses. However, Utah’s contributory negligence laws can affect your claim and the amount of damages you can recover.
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Overview of Utah’s Contributory Negligence Laws
Utah follows a modified comparative fault system, also known as comparative negligence. This means that if you’re injured in an accident due to someone else’s actions, but you also contributed to the accident, your damages will be reduced by the percentage of fault attributed to you.
For example, if you were injured in a car accident and the court finds that you were 20% at fault for the accident because you were speeding, your damages award will be reduced by 20%.
However, if you’re found to be 50% or more at fault for the accident, you won’t be able to recover any damages at all.
Types of Contributory Negligence in Utah
There are several ways in which a plaintiff’s own actions can contribute to an accident, including:
- Failure to obey traffic laws
- Distracted driving
- Intoxication or drug use
- Failure to wear a seatbelt
- Failure to maintain a vehicle
If you’re injured in an accident, the defendant may try to prove that your own actions contributed to the accident. If the court finds that you were partially responsible for the accident, your damages award will be reduced accordingly.
How Contributory Negligence Affects Personal Injury Claims in Utah
Contributory negligence can have a significant impact on personal injury claims in Utah. If you’re injured in an accident, the defendant may argue that you were partially responsible for the accident, and therefore your damages award should be reduced.
For example, if you were injured in a slip and fall accident in a grocery store, the defendant may argue that you were staring at your cell phone and not paying attention to your surroundings, and therefore partially responsible for your injuries. If the court agrees, your damages award will be reduced by the percentage of fault attributed to you.
Statute of Limitations for Personal Injury Claims in Utah
In Utah, the statute of limitations for personal injury claims is four years from the date of the accident. This means that you have four years from the date of the accident to file a lawsuit against the defendant. If you don’t file a lawsuit within this time frame, you may be barred from recovering damages.
Conclusion
If you’re injured in an accident in Utah, it’s important to understand how contributory negligence can affect your claim. Remember that if you’re found to be partially responsible for the accident, your damages award will be reduced accordingly. Additionally, make sure to file your lawsuit within the statute of limitations, which is four years from the date of the accident. By understanding these laws and taking appropriate action, you can maximize your chances of recovering compensation for your injuries.