Whenever a car accident occurs, the courts know that typically both drivers are responsible for some portion of what happened. As a result, courts are not inclined to rule in favor of one party or the other unless it can be clearly proven that one of the parties is completely responsible.
While there are cases like this (most often in rear-end accidents), most cases in Salt Lake City will use comparative negligence to determine percentages of fault .
If you have been involved in an accident, it is important to understand what Salt Lake City car accident comparative negligence is and how it can affect your case.
Determining Fault
Salt Lake City car accident comparative negligence is mostly identical to the approach used in several states to determine who is responsible for the damages caused by an accident.
These laws were introduced to reduce judgments that could be harsh and out of proportion to the facts of a case. When a judge uses comparative negligence, both parties receive a verdict that is appropriate to their individual contributions to the cause of the accident.
This makes comparative negligence a much fairer approach.
Two Types of Comparative Negligence Standards
There are two standards of Salt Lake City car accident comparative negligence that may be applied. The first is pure comparative negligence, and the second is modified comparative negligence.
Pure Comparative Negligence
The judge in a pure comparative negligence case will take the total amount of damages to be awarded and reduce it by the percentage that the judge finds the plaintiff to be responsible for.
In other words, if a plaintiff was granted a $10,000 settlement, but the judge finds the plaintiff 40 percent responsible for the accident, the judge would rule that the defendant is only required to pay the plaintiff $6,000.
Modified Comparative Negligence
In a Salt Lake City modified comparative negligence case, the judge will rule in favor of the defendant if they find the plaintiff 50 percent or more responsible for the car accident.
In other words, if the judge finds the plaintiff equally or more responsible for the circumstances that led to a car accident, the judge may rule that no damages are to be awarded. This is an all-or-nothing scenario.
Get Help from a Car Accident Lawyer
You deserve financial compensation if the other driver is found to be negligent—whatever percentage of fault that may have been.
If you still have questions about Salt Lake City car accident comparative negligence, contact Craig Swapp & Associates to discuss your case and options in further detail by calling 1-800-404-9000 or reaching us online the form below.
Schedule a Free Consultation
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