Fault Is Shared in Utah — and 50% Ends Your Claim
Utah Code § 78B-5-818 sets out modified comparative fault. Your recovery is reduced by your share of the blame. If you are found 20% responsible, you collect 80%. If you are found 50% or more responsible, you collect nothing at all.
That rule is why insurers work so hard on the margins. On a corridor like the rebuilt US-89 the argument is nearly always the merge — you changed lanes late, you sat in a blind spot, you should have anticipated the slowdown. Statewide, the leading causes of fatal crashes are failure to keep in the proper lane at 27%, failure to yield at 13%, and running off the road at 7%, and every one of them is an invitation to move some of the blame onto the injured driver.
For context, the Utah Highway Safety Office recorded 59,437 crashes, 27,094 injuries and 277 fatalities across the state in 2024. Most of those files are settled by an adjuster assigning percentages, quietly, without anyone pushing back. Photographs of the scene, the position of the vehicles, and an early statement from a witness are what move that number. They also disappear fastest.
Your deadlines
FOUR years to bring most injury claims from a vehicle crash, under Utah Code § 78B-2-307. TWO years for wrongful death. ONE year to file a notice of claim against a government entity — UDOT, UTA, Davis County, your city, or an unrepaired road hazard. The one-year notice is the deadline people actually lose claims to.