How Do I Prove Fault in a Car Accident Claim?
To recover compensation beyond your own insurance coverage, you need to show that another party was responsible for the accident. Proving fault is about building a clear, evidence-backed story of what happened and why.
Typically, this comes down to establishing four key elements:
- Duty of care. Every driver has a responsibility to operate their vehicle safely and follow traffic laws.
- Breach of duty. You must show that the other party failed to meet that responsibility. This could involve actions like speeding, texting while driving, driving under the influence, or ignoring traffic signals.
- Causation. It is not enough to show that someone made a mistake; you must connect that mistake directly to the accident and your injuries. In other words, the crash would not have happened but for their actions.
- Damages. You also need to show that you suffered actual harm, such as medical bills, lost income, or physical pain, as a result of the accident.
Fault is not always obvious, and insurance companies may try to shift blame or minimize their responsibility. A thorough investigation helps uncover what really happened and presents it in a way that supports your claim.
We gather and organize the evidence needed to clearly show who was responsible and how the accident impacted your life, so you are not left trying to prove your case on your own.
Accident & Injury Cases We Handle
What If I Am Also Partly at Fault?
If you were partly at fault for the accident, you may still be able to recover compensation. Being partially responsible does not automatically prevent you from bringing a claim.
Utah follows a modified comparative fault rule. You can recover compensation as long as you are less than 50% at fault. However, your recovery is reduced based on your percentage of fault.
For example, if you are found 25% responsible for the accident, you would be able to recover 75% of your losses.
If you are 50% or more at fault, you generally cannot recover damages from the other party.
Determining fault is not always straightforward. Insurance companies may try to shift more blame onto you to reduce what they have to pay. We can help evaluate your case, challenge unfair fault assessments, and ensure responsibility is assigned fairly based on the facts.
Why Choose Silva Injury Law as Your Provo Car Accident Lawyers?
Choosing representation is an important decision. You want someone who takes your situation seriously and communicates clearly about what to expect.
At Silva Injury Law, we approach every case with the understanding that you are going through a difficult time. We:
- Take the time to listen to your story,
- Handle the details so you do not have to,
- Prepare every case with the expectation that it may go to trial, and
- Focus on helping you move forward with clarity and confidence.
Michael Joe Silva brings courtroom experience from his time as a deputy district attorney, where he handled trials and litigation. Today, he applies that experience to advocate for individuals who have been injured by another person’s actions.
How Long Do I Have to File a Car Accident Claim in Utah?
In most cases, you have four years from the date of the accident to file a personal injury lawsuit. If you miss this deadline, you may lose your ability to recover compensation, even if you have a strong case.
Because these deadlines can directly affect your rights, it is important to act promptly. We can review your situation, identify the applicable timeline, and ensure we complete all necessary filings within the required time.
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