After a serious crash, insurers often look for any way to shift blame onto the injured person. Two common arguments involve seatbelt and helmet use.
Because Utah's modified comparative negligence rule bars recovery once a person is 50% or more at fault (Utah Code § 78B-5-818), even partial fault assigned to you reduces — or eliminates — your recovery, so these arguments matter.
How Utah handles the seatbelt defense
Utah law limits how much a failure to wear a seatbelt can be used to reduce damages, but insurers still raise it to chip away at claims. The specifics turn on the facts and current statutory treatment, which a lawyer can apply to your case.
Motorcycle helmet considerations
For riders, the defense may argue that the absence of a helmet contributed to head injuries. Whether and how this affects recovery depends on causation — whether a helmet would actually have prevented the specific injury.
These are fault-shifting arguments, and Utah's 50% bar makes them consequential. Never concede fault to an adjuster before getting legal advice.
Protecting your claim
An attorney counters these defenses with medical and reconstruction evidence, keeping your assigned share of fault below the threshold that would reduce or bar your recovery.
Injured in Utah? Injury Claim Team connects you with experienced personal injury attorneys across the state. Call 973-566-5599 for a free, confidential case review — available 24/7, no fee unless you win.