VEHICLE ACCIDENTS ATTORNEY
What Can I Do After a Vehicle Accident?
There are approximately 18,510 vehicle accidents per DAY in the US (Source). Each state has their own laws for handling vehicle accidents. Utah adopts the comparitive negligence law. This means a plaintiff can still recover damages in a personal injury claim even if he or she is partially responsible for the accident. However, the 50% limit means that the plaintiff’s fault cannot exceed the defendant’s. If the plaintiff is 50% or more at fault for a claimed accident, the plaintiff cannot recover any damages. If the plaintiff is less than 50% at fault, he or she simply loses a portion of the case award equal to his or her fault percentage. Navigating Utah Accident laws is 435 Injured’s specialty and we can help you gain back what you lost.
What you’ll need to open a case, and things to think about:
Must be Injured, Injured Will Need Proof of Negligence of the At-Fault Driver, and Injured Can Still Win Damages Even If Partially at Fault
What To Do If You Think You Have A Case
- Check yourself and passengers for injuries, call 911 if needed.
- Get to safety or pull off road if possible.
- Collect as much evidence as possible (photos, videos, names, witnesses)
- Call a Lawyer
Statute of Limitations
If you are injured in a Utah car accident, the statute of limitations on your case is typically 4 years. This means that you have 4 years from the date of your accident to file your personal injury lawsuit. There are exceptions:
If your case involves a government employee or government vehicle/equipment then you must file a “Notice of Claim” within one year of the accident or your case could be wiped out. After filing a notice of claim, you must file a lawsuit within 1 year.
If the defendant dies (even if it is unrelated to the accident), the statute of limitations can be much shorter than 4 years. You should contact an attorney immediately if you are aware of the defendant’s death.
If you are hit by a driver with no insurance you will need to file a lawsuit seeking compensation from your own insurance company to cover your losses. You have 3 years from the date of the accident to file these types of claims.
If that driver’s insurance company pays their full policy limits and can’t cover all, you can make an additional claim with your Underinsured Motorist coverage as part of your car insurance policy. You must file an underinsured motorist lawsuit 3 years from the date when the at-fault party’s insurance company paid their policy limits.
Not Sure if You Have A Case?
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