Posted on Thursday, June 6th, 2024 at 9:00 am
According to the Utah Department of Public Safety, over 34,000 car crashes occurred in Utah in the first half of 2024. Utah residents who are injured in car crashes can feel overwhelmed and unsure of what to do next. This uncertainty can be compounded when there is a question about who is at fault for the crash. Understanding how to dispute car accident fault is crucial for protecting your rights and receiving fair compensation. Unsure of how to dispute a car accident fault?
Many drivers are left wondering who is at fault for these incidents. An experienced lawyer can take on your personal injury case and handle any dispute about who was at fault. The Provo and Sandy car accident attorneys at London Harker Injury Law are skilled at dealing with auto accident cases and can advocate on your behalf.
Understanding Car Accident Fault
The party who is at fault for a car accident is legally responsible for the losses and injuries that result from that collision. Fault reflects liability and affects insurance claims and compensation.
Utah has a no-fault auto insurance system. Under this no-fault state, the personal injury protection (PIP) coverage on your auto insurance policy will pay for medical bills and treatment, lost wages, and some expenses up to the policy limit. If your injuries are severe and your expenses exceed the amount of PIP coverage allowed under your policy, you can file a claim with the other driver’s insurance company. At this point, disputing fault may be necessary.
Utah law uses the comparative negligence standard for determining who can obtain compensation in car accident claims. Under this law, if the plaintiff is partially at fault for their injury, the compensation they can receive from the other party is reduced by the plaintiff’s percentage of fault. An injured party cannot obtain any compensation at all if they are 50% or more at fault.
Understanding how this law works is at fault is necessary for your personal injury claims. Insurance companies must only prove the plaintiff was 50% at fault to avoid paying anything. A skilled attorney can investigate and dig up all the evidence available to show that the other driver was mostly at fault in their effort to obtain a higher settlement for you.
Essential Strategies for Disputing Car Accident Fault
The first and most important step following any accident is to seek medical treatment for any injuries. Once the threat of physical harm ends, you should begin collecting evidence if you’re able. If you can’t do so yourself, your attorney can collect the info after the fact. This evidence can be a strong indicator of fault.
Take photos
Photos provide a visual record that can support your version of events. Take pictures of the accident scene, vehicle damage, road conditions, traffic signals, and visible injuries.
Talk to witnesses
Identify and speak with witnesses who saw the accident occur as quickly as possible. Even a couple of days after the accident, it is often difficult to find witnesses. Get their contact information and statements for your records. Witness testimony may corroborate your account of the incident. Do not take or accept money from the other driver.
Document details
Write down your recollection of significant details about the accident. It can also help you remember what happened when you speak to a lawyer following the accident.
Get a copy of the police report
A police report is a critical piece of evidence. The officers who respond to the scene will create a report that includes the contact information of all parties involved and any witnesses. It also contains the officer’s unbiased view of how the accident occurred. Get a copy of the report or find out from the officer how to obtain one.
Contact your insurance company
Provide your insurer with an accurate and detailed accident account. Do not accept fault or make definitive statements.
Document all communications with the at-fault party’s insurance adjuster. Your documentation can be valuable if the parties dispute information later. You should refer the at-fault party’s insurance adjuster to your attorney so they can handle all communications for you. That way, they can prevent you from saying something that could inadvertently harm your case. Your attorney can also protect your rights and prevent your insurer from raising your insurance rates and premiums.
Should You Hire an Attorney?
Yes. Hiring a personal injury lawyer can significantly enhance your ability to dispute fault. An experienced attorney understands car accident cases and can provide valuable guidance about how to obtain the largest settlement possible in your case.
An experienced attorney is also aware of the negotiation tactics of insurance companies. The skilled lawyers at London Harker Injury Law will advocate to obtain the fair compensation you deserve. An attorney can:
- Evaluate evidence
- Communicate with insurance companies
- Represent you in court
- Review the police report
Insurance adjusters are trained professionals whose goal is to minimize the insurance company’s financial liability. They want to settle claims for as little as possible and deny liability. They are not working with your best interest in mind. Engaging an attorney who will fight to prove the other side is at fault is wise.
Key Factors That Influence Fault Determination
Several factors influence the determination of fault in a car accident. Understanding these factors can help you dispute fault more effectively and look for evidence that supports your claims process.
- Traffic Laws and Regulations—Drivers who violate traffic laws are more likely to be found at fault.
- Vehicle Damage – The location and extent of vehicle damage can provide clues about how the accident occurred. For instance, damage to the rear of your car may indicate that the other driver was following too closely.
- Witness Testimony – Witness statements can corroborate your version of events and provide an objective perspective.
- Road Conditions and Weather – Road conditions and weather during the accident can influence fault determination. Drivers must exercise due care when weather conditions create dangerous roads.
Hire a Utah Lawyer for Your Case Today
Don’t know how to dispute a car accident fault? An experienced Sandy and Provo car accident attorney can build a strong case on your behalf and work to obtain the best possible settlement, even if you were partly at fault for the crash. For more information or assistance with your car accident case, contact the experienced attorneys at London Harker Injury Law in Sandy, Utah, and surrounding areas. Our law firm is dedicated to securing the compensation you deserve. We are available to take your call at 77CARCRASH or you can contact us online to secure your free consultation.
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