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Rear Ended?
A report from the Insurance Institute for Highway Safety (IIHS) determined that vehicles with forward-collision avoidance systems, combined with automatic braking, are most effective at preventing rear-end crashes.
Rear-end car accidents happen much too often, and they are usually preventable. As an article in The Washington Post explains, around 1.7 million rear-end collisions happen each year, resulting in about 1,700 fatalities and more than 500,000 injuries. When rear-end accidents happen, they often result from driver error, including distracted driving and following too closely. If another party’s negligence caused a traffic collision in which you sustained serious personal injuries, you should learn more about filing a car accident claim by speaking with an experienced Salt Lake City car accident lawyer.
At Christensen & Hymas, we are committed to assisting injury victims, and we can discuss your options for filing a car accident lawsuit.
Preventing Rear-End Accidents with Collision Avoidance Systems
One of the best ways to prevent rear-end crashes is to drive more safely by avoiding distractions and aggressive behavior such as following too closely. However, technology also might help to play a role in limiting the number of rear-end accidents that occur each year. As a report from the National Transportation Safety Board (NTSB) explains, forward-collision avoidance systems may be able to prevent as many as 80 percent of the serious and fatal accidents that result from rear-end crashes.
A report from the Insurance Institute for Highway Safety (IIHS) determined that vehicles with forward-collision avoidance systems, combined with automatic braking, are most effective at preventing rear-end crashes.
Understanding Utah’s No-Fault Insurance System
Rear-end car accidents can be prevented. But what happens after one of these crashes occurs? It is important to understand how Utah’s no-fault insurance system works for anyone who is considering filing a car accident claim. In short, Utah is a “no fault” state. Under Utah Code Section 31A-22-303, drivers who have vehicles registered in the state must have specific motor vehicle liability coverage, including minimum liability insurance coverage and personal injury protection coverage. Where does the “no fault” aspect come into play, and what does this mean?
In brief, no-fault insurance states essentially say that anyone who is injured in a car accident—regardless of fault—must file a claim with his or her insurance company first. Since Utah law requires parties injured in car accidents to file claims with their own insurance companies (what is known as a first-party claim), it can be difficult to know when it is appropriate to file a claim against the negligent driver or against that negligent driver’s insurance company (what is known as a third-party claim). Generally speaking, if your injuries exceed the amount for which you are insured, or if there are other specific circumstances present, you may be able to file a third-party claim. Since each case is different and has its own set of facts, it is extremely important to speak with an experienced Salt Lake City auto accident attorney about your options for seeking compensation.
Proving Fault in a Utah Rear-End Auto Accident
How can you prove fault in a rear-end auto accident in Utah in the event that you are filing a third-party claim? An important law to know is Utah Code Section 41-6a-711. This specific law states that the operator of a motor vehicle “may not follow another vehicle more closely than is reasonable and prudent, having regard for the speed of the vehicles, the traffic upon the highway, and the condition of the highway.” The statute also states that an operator of a motor vehicle must “follow at a distance that at least two seconds elapse before reaching the location of the vehicle directly in front of the operator’s vehicle.”
To be clear, Utah law makes it illegal to follow too closely. If a rear-end accident happened because you were following too closely, it may be difficult to prove that you are not partially responsible for the accident. However, if another party’s negligence outweighs yours, you may still be able to recover. As such, it is important to understand how comparative negligence works in Utah.
Comparative Negligence in Utah
What is comparative negligence? Under Utah Code Section 78B-5-818, an injury victim who files a car accident lawsuit may still recover, even if she was at fault, as long as her fault does not exceed the fault of the defendant(s). What does this mean in practice? As long as the plaintiff is less than 50 percent at fault, then she can still recover, but her damages award will be reduced by the percentage by which she is found liable.
To better understand how this works, let us take a couple of examples. Imagine that a jury finds the plaintiff to be 49 percent at fault and the defendant to be 51 percent at fault. Utah law still allows the plaintiff to recover, but her award will be reduced by 49 percent. Let us say that the jury awards the plaintiff $50,000 in damages. Since she is 49 percent at fault, that damages award will be reduced by 49 percent, or $24,500. As such, the plaintiff will receive $50,000 – $24,500, or a total award of $25,500.
Now, imagine that the plaintiff is found to be 50 percent at fault. In this scenario, the statute says that the plaintiff is barred from recovery.
Statute of Limitations for Utah Auto Accident Claims
Most car accident claims in Utah have a four-year statute of limitations under Utah Code Section 78B-2-307. This means that, in most car accident injury lawsuits that do not involve a government entity, the plaintiff will have four years from the date of the accident to file a claim for compensation. However, there are some situations in which the statute of limitations is shorter. As such, you should always discuss your case with a Utah car accident attorney as soon as possible.
Seek Advice from the Salt Lake Car Accident Injury Lawyers
Were you recently involved in a rear-end collision in Salt Lake City? An aggressive SLC car accident attorney can speak with you today about your options for seeking compensation. Contact us today for more information.