In the aftermath of a truck accident, determining fault is crucial for successful legal proceedings and insurance claims. However, understanding the complexities involved can be overwhelming for victims, particularly regarding Utah’s unique regulations and laws governing truck accidents. If you have been injured in a truck accident, you do not need to untangle the web of liability allocation on your own. An experienced truck accident attorney can investigate your case and determine how to calculate fault based on Utah’s no-fault and comparative negligence laws.
At Feller & Wendt, our attorneys are committed to helping our clients navigate Utah’s complex legal process with ease as they focus on healing and recovery. We understand how stressful and overwhelming the wake of a truck accident can be, and we will make filing your claim as straightforward as possible. Our attorneys are committed to holding negligent truckers and trucking companies fully accountable for your accident and will fight aggressively for justice on your behalf.
How Utah’s Modified Comparative Negligence Standard Is Used to Calculate Fault Following a Truck Accident
It is not uncommon for multiple parties to bear fault for the same truck accident. You may have grounds to file a claim against the truck driver, the trucking company, the cargo loader, the truck manufacturer, or even another driver involved in the accident. Having multiple possible liable parties can make determining and assigning liability an intricate and challenging process under Utah’s comparative negligence standard.
Under this standard, each party involved in a trucking accident will be held responsible for their actions proportional to their share of the blame. For example, if it is determined that the trucking company is 80 percent at fault for the crash and another motorist is at fault for the remaining 20 percent, the truck company could be held liable for 80 percent of your total damages. The other driver would be liable for 20 percent. An injured victim can also be held partially at fault for their own truck accident. When this occurs, their financial recovery is reduced by their percentage of fault.
Trucking Companies Bear Much of the Fault
Trucking companies are often to blame for the thousands of collisions that occur on our roadways each year. Trucking companies often fail to properly qualify, train, or supervise their truck drivers. Trucking companies have a duty to put safe truck drivers on the road but all too often they fail to make sure that their truck drivers have a clean, safe driving record or that they don’t have a history of using drugs, driving too many hours, or failing to conduct safety inspections prior to each trip. Even if they do hire safe drivers, trucking companies often fail to properly train and supervise their drivers to make sure they are not doing unsafe things such as speeding, driving too many hours, driving unsafe equipment or driving with unsafe loads. When trucking companies allow their drivers to violate basic safety rules and regulations they can be held liable for the damages their drivers cause to your property and you. At Feller & Wendt, our attorneys will focus much of our attention on the conduct of the trucking company since they bear much of the responsibility for the driver’s conduct and because they have significantly more resources to help fairly compensate you for your injuries.
Can I Still Sue Even Though Utah Is a No-Fault State?
Utah is one of a few states that follow a “no-fault” auto insurance system. In Utah, all drivers are required to obtain a Personal Injury Protection (PIP) policy. Your PIP insurance is no-fault coverage intended to compensate for your losses following an accident. Drivers must obtain a mandatory minimum of $3,000 in no-fault coverage. Your PIP coverage is responsible for your first $3,000 in medical bills and lost wages if you are injured in a car or truck accident.
However, truck accidents typically result in severe consequences for victims, and damages may exceed the $3,000 your PIP insurance covers. If this applies to your case, you likely have grounds to file a truck accident claim against the liable parties. When you work with an experienced attorney, we can investigate every detail of your claim and pursue the total amount of the compensation you are owed.
Discuss Your Case With a Skilled Truck Accident Attorney at Feller & Wendt
After being injured in a truck accident, victims often suffer significant physical, emotional, and financial burdens. The award-winning attorneys at Feller & Wendt understand how stressed and overwhelmed you may feel and can handle every detail of your claim as we fight for you. We have a wealth of experience holding truckers and trucking companies fully accountable for their negligence and are ready to apply our expertise to your unique case.