Navigating Fault: Can You Still Pursue a Car Accident Claim if You Were Partially at Fault?

Being involved in a car crash is stressful; determining fault can be complex. If you find yourself partially at fault for the accident, you might wonder if pursuing a car accident claim is still an option. As a personal injury lawyer based in Southern Utah, serving areas including St. George, Cedar City, Mesquite, the Arizona Strip, and Northern Utah, I’m here to shed light on this common concern.

Understanding Comparative Fault in Utah:

Southern Utah operates under a comparative fault system, which means that even if you were partially responsible for the accident, you may still be eligible to pursue a car crash claim. The key lies in understanding how the comparative fault rules work.

Utah follows a modified comparative fault system. According to this system, you can still pursue a claim as long as your percentage of fault does not exceed 50%. Your recoverable damages will be reduced in proportion to your percentage of fault.

Key Points to Consider:

1. Determining Fault Percentages:

When there is a shared fault in an accident, insurance adjusters and courts assess the percentage of fault for each party involved. If your fault is less than 50%, you can pursue a claim, but the amount you recover will be reduced based on your degree of fault.  For example, if you are 30% responsible for the crash, then you will recover $.70 of every dollar you are awarded.

2. Recoverable Damages:

Even if you were partially at fault, you can still seek compensation for damages such as medical expenses, property damage, lost wages, and pain and suffering – at a reduced percentage based on degree of fault.

3. Consulting with a Personal Injury Lawyer:

We know it can be confusing as you navigate the complexities of comparative fault. Even if you are partially at fault and don’t know if it’s worth moving forward, we offer free consultations. We would be happy to talk with you about the accident and help decide if there is going to be something we can do for you.

Friendly Advice for All Drivers:

1. Prompt Action Matters:

Regardless of fault, taking prompt action after an accident is crucial. Report the incident to the authorities, seek medical attention, and notify your insurance company. Timely action can help preserve evidence and strengthen your case, especially when dealing with shared fault situations.

2. Document Everything:

Keep a detailed record of the accident, including photographs, witness statements, and any relevant documentation. This information can be valuable when negotiating with insurance companies or presenting your case in court.

3. Professional Legal Guidance:

Reach out to a personal injury lawyer who specializes in car accidents. They can provide guidance based on your specific circumstances and help you understand your rights.


If you were partially at fault in a car accident in Southern Utah, pursuing a claim is still possible.  It is essential to navigate these complexities with the help of a knowledgeable personal injury lawyer. Remember, timely action and thorough documentation can make a significant difference in the outcome of your case. Don’t hesitate to seek professional legal guidance to ensure your rights are protected and you receive fair compensation for your injuries and losses.

If you are reading this because you were in a crash and may have been partially responsible, give us a call at Injury Smart Law.  Let us answer your questions.  Call us at (435)688-1919