Getting into a car accident caused by someone else can be extremely stressful. Utah law gives you the right to pursue compensation after a crash caused by another party’s negligence, but it’s normal to have questions about what happens next.
What Should I Do After a Car Accident in Layton, UT?
The moments after a crash can be chaotic, but what you do next can greatly affect your health and your legal claim.
Here’s what you should do:
- Call 911 so that law enforcement and emergency responders can document the scene
- Exchange information with all drivers involved, including license and insurance details
- Take photos and videos of the scene, vehicle damage, and visible injuries
- Avoid admitting fault or apologizing, as anything you say could later be used against you
- Seek medical treatment as soon as possible, whether or not you have an obvious car accident injury
- Contact a car accident lawyer to help you protect your rights and handle the communications with insurers
These steps will help preserve valuable evidence and give you a stronger foundation for your claim.
Is Utah a No-Fault State for Car Accidents?
Yes. Utah is one of several states that follow a no-fault insurance system for car accidents. This means that your own insurance, through personal injury protection (PIP) coverage, pays for your initial medical expenses, regardless of who caused the crash.
However, Utah’s no-fault system has limits. Once your injuries and medical expenses exceed certain thresholds (for example, over $3,000 in medical costs or for serious injuries), you can potentially step outside the no-fault system and file a personal injury lawsuit against the at-fault driver.
An experienced Layton car accident attorney can evaluate your situation to determine whether your case qualifies for a lawsuit and what damages you may be able to recover.
How Long Do I Have to File a Car Accident Claim in Utah?
Under Utah Code § 78B-2-307, you generally have four years from the date of the accident to file a personal injury lawsuit. If the crash resulted in the wrongful death of a loved one, the time limit is two years from the date of death.
Missing these statutes of limitations can prevent you from recovering any compensation, so it’s important to act quickly. A lawyer can make sure your case is filed correctly and on time while preserving key evidence before it’s lost.
How Much Compensation Can I Receive After a Car Accident in Layton?
Every car accident case is different. The amount you may recover depends on the severity of your injuries, the extent of your damages, and the facts surrounding the crash.
Factors that can affect the value of your claim include:
- The cost of your medical treatment and future care needs
- Lost wages and diminished earning capacity
- The extent of your pain and suffering
- Property damage to your vehicle
- Whether you share any fault for the accident
- Insurance policy terms and limits
Since every situation is unique, it’s best to speak with a lawyer who can evaluate your claim based on your specific injuries and evidence.
What Damages Are Available After a Car Accident in Layton?
Utah law allows victims to pursue economic and non-economic damages from the at-fault party once they step outside the no-fault system.
Economic damages are meant to reimburse your measurable financial losses, such as:
- Medical bills
- Future medical care and therapy
- Lost wages and reduced earning capacity
- Property damage to your vehicle
- Out-of-pocket expenses
Non-economic damages address the emotional and physical toll of your injuries, including:
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
- Scarring and disfigurement
In rare cases, punitive damages may also be awarded if the at-fault driver acted with extreme recklessness or intentionally disregarded others’ safety.
What if I’m Being Blamed for My Layton Car Accident?
Utah follows a modified comparative negligence statute with a 50% bar to recovery. This means you can typically still recover compensation as long as you were less than 50% responsible for the crash. However, your damages can be reduced by your percentage of fault.
For example, if you are found to be 10% responsible for the accident, your total compensation could be reduced by 10%.
Insurance adjusters frequently try to shift blame in an effort to reduce their liability, making it important to have an attorney on your side to respond to these kinds of allegations effectively.
Contact Our Layton Car Accident Lawyers for a Free Consultation
If you were injured in a car accident in Layton, Utah, you deserve a law firm that will stand by you every step of the way. At Feller & Wendt, LLC, our Layton car accident lawyers have over 70 years of combined experience and have recovered more than $100 million for injured victims across Utah and the Mountain West. Contact us at 801-499-5060 or online today for your free consultation.
