Chris Cockayne

About Chris Cockayne

Chris Cockayne is a Utah-based personal injury attorney and the founder of Cockayne Law. Chris focuses exclusively on representing victims of car accidents, dog bites, and other injury claims, helping clients recover compensation for medical bills, lost wages, and long-term care. With over 15 years of legal experience, Chris has handled a wide range of personal injury and motor vehicle accident cases and is known for his client-focused advocacy and strong negotiation with insurance companies. Know more about Chris

Entries by Chris Cockayne

How Traffic Camera Footage Can Strengthen Your Car Accident Case

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When you’re involved in a car accident, the aftermath can be overwhelming. Between dealing with insurance companies, medical bills, and trying to establish who was at fault, it’s easy to feel lost. Serious car accidents may also lead to neck injuries, spinal cord injuries, traumatic brain injuries, lost wages, rehabilitation costs and long-term medical expenses.

Fortunately, traffic camera footage can be a powerful tool to strengthen your car accident case. For residents of West Jordan, Utah, this technology might hold the key to proving liability and securing the compensation you deserve.

If you’re navigating the process after a car accident, understanding how traffic camera footage works and how a car accident attorney can help utilize it is crucial. Here’s what you need to know. Here’s what you need to know about your legal rights, evidence preservation, and how traffic camera footage can strengthen your personal injury claim.  

Why Traffic Camera Footage is a Game-Changer

Traffic cameras are positioned to record essential moments as they occur. Located at intersections, highways, and other busy stretches of road, these cameras capture real-time footage that can provide an objective view of what led to a collision. Unlike eyewitness accounts, traffic camera footage eliminates the influence of human memory or bias, offering clear evidence in your car accident case.

Whether it’s determining how the crash happened or identifying who was at fault, camera footage is often a reliable piece of evidence. Unfortunately, accessing this footage isn’t always as simple as it sounds—which is where hiring a skilled car accident attorney becomes invaluable.

How Traffic Camera Footage Supports Your Car Accident Case

Traffic camera footage can add significant value to your case in several ways. Here’s how it might work in your favor.

1. Proves Fault

Determining who was at fault in a car accident can make or break your claim in a car accident case. Drivers may dispute the events leading up to the collision, but traffic camera footage provides an unbiased account of the incident.

For instance, the video might show one driver clearly running a red light, failing to yield, or following another vehicle too closely. These visual details make it challenging for the at-fault driver to argue otherwise.

2. Dispels False Claims

It’s not uncommon for the other driver or their insurance company to make false accusations or deny responsibility. Video footage acts as a neutral witness, dispelling fraudulent claims. If another party claims you were speeding, cutting them off, or otherwise negligent, footage of the crash can refute those allegations.

3. Supports Injury Claims

Your physical injuries—not just the accident itself—are critical to building your case. Traffic camera footage may show the force of the collision and how it impacted your vehicle, corroborating your claims about the severity of your injuries. A car accident attorney can use this footage to work in tandem with medical records and expert testimony, ensuring your injury claims are compelling and evidence-based.

4. Provides a Timeline of Events

Traffic cameras often capture not just the accident itself but events leading up to it. This can provide a clear timeline, which helps establish whether the parties involved were acting negligently. For example, footage might reveal texting while driving, illegal lane changes, or failing to stop at a critical moment.

How Traffic Camera Footage Helps in T-Bone Accident Claims

Most disputed car accident claims are T-bone claims. They happen because of high speed, and it becomes difficult to prove which driver is right. Both drivers blame each other for entering the intersection improperly. In such cases, traffic camera footage is the strongest evidence in resolving the matter.

A video recording can prove which driver:

  • Did not stop at the red light
  • Failed to yield
  • Took unsafe turns or changed lanes
  • Was overspeeding

Side-impact collisions cause serious injuries like neck injuries, back injuries, internal bleeding, and traumatic brain injuries. The traffic camera footage helps with settlement negotiations and financial compensation claims.

Video evidence clearly shows what actually happened on the road, which makes it difficult for insurance companies to dispute liability or blame the injured driver.

How to Obtain Traffic Camera Footage

Gathering traffic camera footage can be one of the trickiest parts of the process. Unlike personal dash cam video, traffic camera footage is generally considered public property and is managed by government agencies or private companies. Here are ways to access the footage for your car accident case in West Jordan, Utah.

  • Request from Local Government Agencies
    Traffic camera footage is often controlled by city or state departments, such as the Utah Department of Transportation (UDOT). Making a formal public record request as soon as possible is essential because most traffic footage is only stored for a short time before being overwritten or deleted. Missing important deadlines may also affect your ability to file a personal injury lawsuit within Utah’s statute of limitations.
  • Contact Law Enforcement
    If law enforcement officers responded to the scene, they may have already reviewed or collected footage for their investigation. A car accident case attorney can assist with requesting access to this footage from police reports.
  • Rely on a Car Accident Attorney
    Obtaining traffic car accident case footage often involves navigating bureaucratic red tape or meeting specific legal requirements. A skilled car accident attorney can handle these complexities of a car accident case on your behalf, ensuring you meet deadlines and access the evidence you need to bolster your claim.

Steps to Take After a Car Accident to Preserve Camera Evidence

Mostly, the car accident evidence is removed by authorities within 3 to 30 days. If you are sure that cameras have recorded your car accident, act quickly.

Here are important steps to take:

Step 1: Call Law Enforcement

Contact law enforcement and make sure an official accident report is filed immediately. This creates a legal record of the incident.

Step 2: Document the Scene

Note down the exact location of the car accident. This includes nearby intersections, traffic lights, and highway signs where cameras may be installed.

Step 3: Don’t Delay Investigation

Do not wait for the investigation conducted by insurance companies. They act slowly, and traffic camera footage is often erased after a few days. 

Step 4. Contact a Car Accident Attorney

A car accident attorney will identify the agency that controls the footage. He submits a video or footage preservation request to save the critical evidence before your case is built.

Can Insurance Companies Access Traffic Camera Footage?

Access to traffic camera footage is not automatic. Still, insurance companies try to obtain it during their investigation. In most cases, the footage is requested from:

  • Government agencies
  • Transportation department
  • Local community
  • Law enforcement agencies

Different agencies keep footage for a short while, and that’s why you need to act quickly. A Salt Lake City attorney can help preserve the important footage before it is deleted. This includes sending formal preservation requests and obtaining accident reports.

With that, identifying nearby cameras that may have recorded the collision. This makes your claim strong and helps prevent disputes over how the accident occurred. 

The Importance of Acting Quickly

Time is of the essence when requesting traffic camera footage. Many traffic camera systems overwrite their data within 72 hours to a month, depending on the system. Waiting too long might mean losing access to critical evidence that could prove your case.

When working with an experienced car accident attorney, they’ll know how to expedite the process of the car accident case and file the necessary requests promptly.

What Happens if Traffic Camera Footage Is Deleted? 

Many traffic camera systems auto-delete the accident footage within a few days or weeks. So, if the request is not made on time, the recording may be permanently deleted. However, this does not mean your case is lost. Other evidence may still help prove the fault.

These include:

  • Witness statements
  • Police reports
  • Vehicle damage analysis
  • Cell phone records 
  • Nearby business surveillance footage

An experienced car accident attorney does not rely on a single recording; instead, he will investigate the different sources to build a strong liability claim. Attorneys may use forensic video analysis, chain of custody records, and evidence authenticity reviews when footage quality becomes disputed.

Work with Cockayne Law to Strengthen Your Car Accident Case

If you’ve been in a car accident in West Jordan, Utah, don’t leave critical evidence like traffic camera footage untapped. Securing this footage can mean the difference between settling for less and obtaining full compensation for your injuries, lost wages, and damages.

At Cockayne Law, we specialize in handling car accident cases and know how to leverage evidence like traffic camera footage to build a robust case. From speaking with insurance companies to filing footage requests, we’ll handle every step of the process while you focus on recovery.

Contact Cockayne Law today to schedule a free consultation and begin the path to justice.

How long is traffic camera footage stored after an accident?





Most traffic camera systems store footage of an accident for a limited time of 7 days to a month. Quick action helps preserve the important evidence before it is deleted. 

Absolutely. Traffic camera footage clearly shows speeding, failure to yield, illegal turns, distracted driving, or red-light violations. This evidence is very beneficial when the fault is disputed between drivers.

A car accident lawyer can identify which agency controls the footage and submit requests before the recording is deleted. Attorneys may also work with law enforcement and investigators to secure additional evidence.

Your claim is not dependent on traffic camera footage only. Instead, police reports, witness statements, vehicle damage, medical records and footage from nearby cameras also act as strong evidence.

Yes. Video evidence provides you with an understandable view of the collision that reduces disputes over fault. It strengthens your point while negotiating with the insurance company.

How Utah’s Weather Conditions Contribute to Car Accidents and Legal Implications

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Utah is known for its stunning landscapes, from snow-capped mountains to sprawling desert vistas. But along with this natural beauty comes a range of weather conditions that can make driving […]

What Happens When a Minor Is Injured in a Car Accident? Legal Insights for Parents

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No parent wants to imagine their child being involved in a car accident. Unfortunately, accidents happen, and they can be especially overwhelming when a minor is injured. Beyond addressing the […]

The Importance of Timely Evidence Collection After a Car Accident

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A car accident can be a life-altering event, leaving emotional, physical, and financial impacts. While your safety is always the top priority, what you do immediately after a crash can significantly affect the outcome of potential insurance claims or legal proceedings. Timely evidence collection plays a critical role in the process and can safeguard your rights in the aftermath of an accident. 

If you’re unfamiliar with navigating these situations, an experienced car accident attorney can guide you. At Cockayne Law in West Jordan, Utah, we understand the importance of acting quickly and can help you gather and preserve critical evidence to support your case. 

Why Is Evidence Collection Crucial? 

Evidence tells the story of what happened before, during, and after the accident. Accidents can be chaotic, with emotions running high and confusion clouding the details. Over time, memories fade, eyewitnesses become difficult to locate, and crucial physical evidence can disappear. 

By collecting evidence promptly, you create a stronger foundation for proving liability, damages, and injuries. This is valuable not just for insurance claims but also if you choose to pursue compensation through a lawsuit. 

Types of Evidence You Should Gather 

Below are some of the most critical types of evidence to collect after a car accident, each of which can help paint a clear picture of what occurred.

1) Photographic Evidence

The saying “a picture is worth a thousand words” couldn’t be more accurate when it comes to car accidents. Photographs provide undeniable proof of the accident aftermath and can be used to reconstruct the scene. 

What to photograph: 

  • Damage to all involved vehicles 
  • Skid marks or road debris 
  • Road conditions (e.g., wet pavement, potholes) 
  • Other property damage (e.g., guardrails, signs) 
  • Traffic signs and signals near the accident site 
  • Injuries to yourself or passengers 

The more detailed your photos, the clearer the evidence becomes. Take shots from multiple angles to ensure you capture the entire scene.

2) Police Report

When law enforcement arrives at the scene, they draft a police report documenting their observations and key information like the time, location, and parties involved. This report often includes an initial assessment of fault, eyewitness accounts, and any traffic violations. 

Ensure you request a copy of the police report for your records. It’s a valuable document that your car accident attorney can use to support your case.

3) Witness Testimonies

Eyewitnesses can provide objective accounts of the accident. Their testimonies can bolster your claims, especially if they corroborate your version of events. If possible, speak to witnesses immediately after the incident. Collect their: 

  • Full name 
  • Contact information (phone number and email) 
  • A brief statement of what they observed 

Your attorney may follow up with witnesses for more in-depth information if needed.

4) Medical Records

Even if you believe your injuries are minor, seeking medical attention is crucial for both your health and your case. Delayed symptoms, such as whiplash or internal injuries, can arise days or even weeks after the crash. Medical records provide concrete documentation of your injuries and connect them to the accident. 

Retain records of: 

  • Emergency room visits 
  • Diagnostic tests (e.g., X-rays, MRIs) 
  • Treatment plans 
  • Prescribed medications 

Medical records not only support your injury claim but also demonstrate the impact the accident has had on your life.

5) Dashcam or Surveillance Footage

If your vehicle or a nearby business had cameras rolling during the crash, the footage could serve as compelling evidence. Dashcam footage often provides unbiased video proof of events leading to the accident, while security cameras may capture important angles not visible from the road.

6) Documentation of Expenses

Keep detailed records of all accident-related expenses. This includes: 

  • Vehicle repair costs 
  • Medical bills 
  • Lost wages due to missed work 
  • Out-of-pocket expenses (e.g., car rentals, transportation) 

These records are essential for calculating the financial compensation you may be entitled to. 

Evidence Preservation After a Car Accident  

The period immediately after your car crash will be hectic and critical to gather the evidence. If you can still move around, get out of your phone and take photographs or videos of your accident scene.  

For example, take pictures of involved vehicles, any damaged causes, tire marks left behind on the road, the current weather, and surrounding traffic signals and signs.

By taking pictures of these components, it will create a clearer report of what has occurred. This is also important later when you are speaking to insurance agents and attorneys. 

When Should Evidence Be Gathered After a Car Crash? 

The evidence should be gathered at the time of the accident. By documenting the site of the car accident and taking pictures of the vehicles in the location and any damages, this will provide tangible evidence of liability.  

Gaining statements from any witnesses to your accident and collecting available surveillance video will further strengthen your report of what took place. The more  

Importance of Witness Statements After Car Crash 

An auto accident witness statement is an account of the event or details of something that took place. A witness statement will typically contain information about what took place during the event, and the evidence will help you prove it.  

If witnesses to your car crash consist only of the drivers involved, a witness statement cannot be obtained. If that is the case, there will be a situation where there is no proof one way or the other.  

In that situation, you will have to seek evidence to prove that you are not responsible. Third-party witness statements can eliminate the subjectivity of a car accident case and provide factual and detailed statements about liability.  

These are also helpful when no video of the accident exists. At a trial, your witness can also testify before a jury as to what he or she saw. 

Most Valuable Evidence  

  • Video footage   
  • Police report   
  • Witness statements   
  • Photos   
  • Medical records   
  • Vehicle damage reports  

Challenges of Delayed Evidence Collection 

Failing to gather evidence promptly can severely weaken your case. Here are some challenges you might face due to delays: 

  1. Fading Memories: Witnesses and involved parties may struggle to recall key details over time. 
  2. Lost Physical Evidence: Skid marks may fade, vehicles may be repaired, and accident debris is often cleared quickly. 
  3. Difficulty Locating Witnesses: Without immediate contact information, witnesses may become untraceable. 
  4. Disputed Liability: Without strong evidence, insurers or opposing parties may challenge your version of events. 

Working with a skilled car accident attorney can help you avoid these pitfalls. 

How a Car Accident Attorney Can Help 

At Cockayne Law in West Jordan, Utah, we understand the complexities of car accident cases. When you partner with us, we ensure that no stone is left unturned in collecting and preserving evidence. Here’s how we can support you: 

  • Conducting an independent investigation into the accident 
  • Gathering and reviewing medical records, dashcam footage, and witness testimonies 
  • Engaging experts, such as accident reconstruction specialists, to strengthen your case 
  • Handling communication with insurance companies on your behalf 

Our goal is to help you secure the compensation you deserve and allow you to focus on recovery. 

Take Immediate Action After an Accident 

Timely evidence collection is critical for building a strong car accident case, and you don’t have to handle it alone. The right legal representation can make all the difference in protecting your rights and obtaining the compensation you need. 

If you’ve been involved in a car accident in the West Jordan, Utah area, contact Cockayne Law today. Schedule a free consultation with one of our experienced car accident attorneys and let us guide you through this challenging time with compassion and expertise.

FAQ - Frequently Asked Questions

What would happen if I didn’t have any witnesses?





Numerous forms of evidence can be used to initiate a legal case in the absence of witnesses to a car accident. You will still be able to bring a good case if there is no witness to your accident. 

To file your own damage claim, you must notify the insurer promptly, obtain an estimate of damages, properly file all the paperwork, and wait for approval from the insurer. 

You must maintain all evidence related to the accident that you may obtain in the form of photos, medical documents, repair bills, and insurance correspondence until your claim or lawsuit is resolved. In some circumstances, it is useful to maintain certain documents for years at a time. 

Witness statements provide independent perceptions of the facts before, during, and after a car collision occurred. They will aid you in establishing disputed questions, will solidify your claim, and will help in your negotiation with the insurance company. 

Yes. You can generally still obtain police reports, medical records, estimates, videos, and witness statements after you have left the scene; however, this will become more difficult. 

Car Accident Settlements vs. Going to Trial: Which Is Better for Your Case?

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If you’ve been involved in a car accident, one of the most pressing decisions you’ll make is determining how to resolve your legal claim. Should you accept a settlement or […]

How Federal Trucking Regulations Impact Your Accident Claim in Utah

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If you’ve been involved in an accident claim in Utah, the aftermath can feel overwhelming—especially when seeking compensation for your injuries and damages. Unlike simple car accidents, trucking accidents involve a host of federal regulations that can significantly affect your claim. Understanding these federal trucking regulations and how they influence your case is crucial to ensuring you receive fair car compensation.

At Cockayne Law in West Jordan, Utah, we specialize in providing expert legal advice for accident victims, guiding you through these complex regulations to build a strong case. Here’s what you need to know about how federal trucking laws shape your claim.

What Are Federal Trucking Regulations?

The Federal Motor Carrier Safety Administration (FMCSA) sets nationwide regulations for the trucking industry. These laws are aimed at promoting road safety and minimizing accidents involving large commercial trucks. The FMCSA enforces guidelines on everything from driver standards to vehicle maintenance to hours-of-service (HOS)—all of which could play a pivotal role in your average settlement for a semi truck accident and the claim.

Key federal regulations include:

  • Driver Qualification Requirements: Drivers need to meet strict criteria, such as having a valid commercial driver’s license (CDL) and meeting medical fitness standards.
  • Hours of Service (HOS) Rules: To combat driver fatigue, federal law limits the number of hours a truck driver can operate a vehicle without taking mandatory breaks.
  • Vehicle Maintenance Standards: FMCSA mandates regular inspections and upkeep of commercial vehicles to ensure they’re safe for the road.
  • Cargo Regulations: Proper loading and securing of cargo to prevent shifts or spills are strictly enforced.

If any of these regulations were violated, it could provide critical evidence for your accident case.

How Do Violations of Federal Regulations Impact Your Claim?

Federal trucking regulations establish a high standard of care that trucking companies and drivers must follow. When these standards aren’t met, it can signal negligence, making it easier to prove liability.

Driver Negligence and Violations

If a truck driver was fatigued, lacked proper credentials, or failed to adhere to federal safety guidelines, these actions could directly contribute to the accident claim in Utah. For example, if a driver exceeded the allowed hours-of-service limit and fell asleep behind the wheel, that breach of regulation strengthens your claim for compensation.

Employer Liability

Trucking companies are also bound by these federal laws. They have a legal duty to hire qualified drivers, provide proper training, and ensure their vehicles are roadworthy. If your accident resulted from an overworked driver or poorly maintained truck, the employer could also be held accountable under the doctrine of vicarious liability.

Preservation of Evidence

One of the unique aspects of trucking accident claims in Utah is the availability of critical evidence governed by federal regulations. Trucking companies are required to maintain records like driver activity logs, vehicle inspection reports, and black box (event data recorder) data. These records can reveal regulation violations that led to your accident. Working with a skilled personal injury lawyer Ogden can help you secure this evidence before it’s destroyed, strengthening your case.

Challenges You May Face in a Trucking Accident Claim In Utah

While federal regulations offer a framework for establishing liability, pursuing a trucking accident claim in Utah isn’t easy. Here are some common hurdles you might encounter:

  1. Dealing with Multiple Parties: Unlike standard car accidents, trucking cases often involve several parties—trucking companies, drivers, insurance providers, and sometimes even cargo loaders.
  2. Time-Sensitive Evidence: Many trucking companies are under no obligation to retain evidence indefinitely. Quick legal action is often required to ensure critical records and evidence collection are not destroyed.
  3. Aggressive Defense Teams: Trucking companies and their insurers typically have experienced legal teams dedicated to minimizing payouts.

This is why consulting a lawyer for a truck accident can make all the difference.

At Cockayne Law, we will meticulously investigate your case, ensure compliance with legal deadlines, and stand up to these powerful companies on your behalf.

Why You Need a Car Accident Lawyer

Federal trucking regulations add a layer of complexity to any accident claim in Utah. Understanding them and using them effectively in your case requires legal expertise. A Utah truck accident lawyer specializing in trucking accidents will:

  • Secure and analyze critical evidence like driver logs and maintenance records.
  • Build a compelling case by establishing clear violations of federal regulations.
  • Negotiate assertively when dealing with insurer adjusters on your behalf.
  • Represent you in court if necessary to fight for the settlement you deserve.

With Cockayne Law on your side, you don’t have to face these challenges alone. Our team is seasoned in handling trucking accident cases in West Jordan, Utah, and beyond, ensuring you get the expert guidance you need.

Seek Legal Help to Strengthen Your Claim

Federal trucking regulations are designed to protect everyone on the road. When those rules are broken, it can have devastating consequences. By understanding these laws and working with a skilled car accident lawyer, you can boost your chances of receiving fair compensation for your injuries and losses.

If you’ve been injured in a trucking accident, don’t wait—evidence can disappear quickly. Contact the dedicated legal team at Cockayne Law in West Jordan, Utah, to schedule your free consultation. We’re here to help you every step of the way.

Legal Advice for Motorists Injured in Construction Zone Accidents

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Navigating through construction zone accidents can be challenging for any motorist. The combination of narrowed lanes, abrupt detours, reduced speed limits, and unpredictable heavy machinery often increases the risk of […]

Legal Options for Passengers Injured in Rideshare Accidents

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Rideshare services like Uber and Lyft have become incredibly popular, making it easier to get around with just a few taps on your phone. However, with more ridesharing vehicles on […]

When Road Defects Contribute to Car Accidents: Who Is Liable?

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Roads are meant to connect us, but when they’re not properly maintained, they can become a danger zone for drivers. Potholes, uneven pavement, poor signage, or faulty drainage systems can […]

Can You Lose Your House Due to an At-Fault Car Accident in Utah?

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Losing your home because you caused a car accident in Utah, specifically in West Jordan, seems inconceivable, but this outcome is possible. If this is your concern, a consultation with an experienced car accident attorney is sensible. 

The good news is that your house isn’t immediately at risk if you are judged to be at fault in a collision. Utah laws are a bit more nuanced, and in the event of an at-fault car accident in Utah, the likelihood of a lien being placed on your property would depend on the specific circumstances and your insurance coverage. 

In addition, while a judgment lien can be attached to real estate in Utah, that doesn’t necessarily mean you can be forced to sell your home. If you’re concerned about liability in a car accident, an attorney’s advice can be invaluable. 

Read on to explore more.

Understanding Liability Insurance and Damages 

What you can lose due to an at-fault car accident in Utah depends on your auto insurance coverage. 

Utah is one of many states with a no-fault liability system. Here, injured motorists must turn to their own personal injury protection (PIP) insurance to be compensated for medical bills, lost income, and other expenses—and this is the case no matter who is to blame for a car crash.

A claim against you is only possible if the damages exceed the PIP limit. In that scenario, however, whether your home might be at risk hinges on the liability limits on your insurance policy. In Utah, the minimums effective January 1, 2025, are: 

  • $30,000 in bodily injury liability per person or $65,000 per accident 
  • $25,000 in property damage liability per accident 

If you haven’t extended your coverage, that’s the amount you can expect your insurance provider to pay. Should damages resulting from a West Jordan car crash go beyond that, you could face a lawsuit, as an injured motorist could sue you to recover the remainder.

If you are found to be at fault and unable to pay, a lien may be placed on your property – and if you don’t satisfy the debt, the court may agree to enforce the lien, resulting in a forced sale of your home.

A seasoned car accident in Utah attorney can protect your rights and interests, but that could be the result if you happen to be underinsured. 

What Happens If Damages Exceed Your Insurance Limits? 

If the at-fault driver’s policy doesn’t cover your damages completely, you have alternative options.  

Consult with a personal injury attorney at the first possible.  

They will be able to go over your options with you. Your attorney can advise you or handle a denied claim and identify individuals that share blame in a claim. You Can File Under Your Own Insurance Coverage.

Whether you have this choice will depend on what kinds of insurance policy you have: Uninsured/Underinsured Motorist Coverage (UM/UIM) if the negligent party that caused the wreck lacks sufficient insurance coverage for your injury.  

The more, the merrier in UM/UIM. It’s just a smart, cost-efficient thing to get, so you don’t wind up liable to pay for medical treatment you shouldn’t be responsible for after the fact. In Utah, you might have PIP insurance, which helps cover a portion of medical expenses and wages, regardless of who is at fault for the wreck.  

Note: Pursuing your insurance carrier might not be in your best interest if it increases your premiums depending on what type of insurance you have, however. There may be other negligent parties. The driver might have been on the clock during the course of the incident.  

(Their company may be responsible.) The vehicle the driver was driving might have been manufactured with a defective part.  

(The company that built the car can be liable). If roads themselves contributed to the wreck, a government agency would. We examine all aspects of a crash to find everybody accountable to pursue the most appropriate compensation from a client. Who was awarded compensation for the pain and suffering, and what did it include?  

The at-fault driver may not have enough – or sufficient – insurance but can still afford to compensate you. If you owe health care claims as well as have a medical lien (money your healthcare company wants in repayment for medical care), your lawyer may also be capable of facilitating the negotiation as well. 

Protection from the Utah Homestead Act 

In Utah, homeowners who are at fault in a car crash can often keep their property from being sold thanks to a homestead exemption. 

If your insurance is exhausted, the injured motorist must first win a lawsuit against you to attach a lien to your home. A judgment of lien could result in a foreclosure situation if the debt remains unpaid, but for that to happen, the motorist must ask the court to order you to pay.

The court could order a forced property sale, but as an experienced car accident attorney in Utah would tell you, the state’s homestead act may offer protection. 

Under Utah law, a portion of your equity in the home you live in isn’t touchable to satisfy a court judgment. That being so, it isn’t likely that you will lose your home due to an accident.

You might be ordered to liquidate other assets, though, and it’s worth noting that a judgment lien will remain attached to your home for eight years. So, if you were to sell during that period, you would have to pay the amount you owe to the lienholder from the proceeds. 

Can a Judgment Lien Be Put on Your House? 

Having a lien on your home can lead to different outcomes, ranging from a small problem to something more serious, like having to sell your home. 

In case a lien is placed on your home, you will most likely encounter one or all the following:  

  • Sale: Depending on the kind of lien and depending on your local regulations, the entity placing the lien on your property may decide to sell your property in case you fail to repay the debt.  
  • Impact on credit rating: Lien information is regarded as unpaid debts by credit bureaus; thus, your credit rating may be affected negatively. 
  • Trouble selling or refinancing: It might be harder to sell or get a loan for your home if there’s a lien. Most buyers want to see that the home has a clear title, and lenders are less likely to offer a loan if the home could be taken away. 
  • Priority in payments: If you sell your home with a lien, the money from the sale will go to pay the lien first, and then you’ll get what’s left. 
  • Interest charges: Some liens add interest over time, so the amount you owe might keep growing until you pay it off. 

Other Assets You Could Lose After an At-Fault Accident  

If you get into a car accident where you are at fault, and you are sued, your insurance company will represent you as far as your insurance coverage goes. But, if the damages are greater than the insurance covers, then you will probably be forced to pay the additional amount personally.

This is what you could be facing: 

  • Insurance defense: Your insurance company will hire an attorney to represent you in court, and they will pay your legal fees to the maximum extent that your policy coverage allows.  
  • Exceeds limit judgment: If the court rules that you must pay more than the insurance policy covers, you will personally pay that amount.  
  • Lien on assets: The court can rule that the injured party will be able to seize any of your assets or possessions to cover the debt.  
  • Wages: The court could rule that a portion of your earnings are garnished until the debt is paid.  
  • Settlement negotiations: Your attorney may attempt to negotiate a settlement without going to trial. 
  • Umbrella policy coverage: If you have an umbrella policy, it may give additional coverage beyond your standard automobile insurance policy coverage. 

How Much Home Equity Is Protected Under Utah’s Homestead Exemption?  

Utah’s homestead exemption protects up to $53,700 in home equity for single filers and up to $107,400 for married couples filing jointly. This applies to your primary residence and is calculated by subtracting your mortgage balance and other liens from the total market value of the home.  

How Exemption Protects You  

  • Equity Protection: The exemption protects your equity, not the full value of your home. For example, your home is worth $300,000, and you owe $200,000, and then your equity is $1000,000.  
  • Bankruptcy Rules: If your equity falls below the exemption, then the trustee cannot sell your home to pay unsecured creditors.  
  • Non-Primary Residence: If the property is real estate and not your primary residence (such as a vacant lot or rental), the exemption drops to a maximum of $6,400 per owner.  

Do You Need a Car Accident In Utah Attorney if You’re at Fault for a Crash? 

Your insurance provider may hire an attorney and defend your rights, but only if they believe doing so would be worthwhile. 

To protect yourself, contacting a well-qualified car accident attorney is the right step to take after a collision where you may be at fault. Skilled legal professionals understand the ins and outs of every Utah law regarding car crashes, negligence, fault, and liability.

The right lawyer will be able to draw on years of experience in assessing the situation. After working with clients in similar circumstances, they’ll be prepared to handle your legal proceedings. 

Consulting with an experienced car accident attorney is the best course of action, even when you’re to blame for a collision, as they will be eloquent in court. With a lawyer who specializes in collision-related cases, the outcome will be much better than what you might expect if you represent yourself. 

Contact Cockayne Law for a Free Consultation Today 

If you’ve been in a car crash and you believe you were at fault, Chris Cockayne of Cockayne Law is here to help. Whether you’re intimidated at the thought of talking to insurance adjusters, need expert help facing a lawsuit, or can’t bear the idea of losing your home due to an at-fault car accident in Utah, an attorney with proven experience is what you need. 

Contact Cockayne Law, and our highly skilled legal team will review your case and advise you on next steps. For a free, no-obligation consultation with one of the experienced car accident attorneys in West Jordan, Utah, contact our law office today. 

FAQ - Frequently Asked Questions

Under what circumstances can an individual sue me following a car accident in Utah?





Utah law has a statute of limitations that imposes a strict time limit. The period for filing a suit on a normal personal injury car accident case would be four years, starting from the date of the car accident. 

Yes, you may risk losing your house if the judgment exceeds the insurance coverage limit. If the judgment is more than the coverage limit, then the court may go ahead to seize all your unsecured property, including your house, other property, bank account, and wages in the future. 

When your insurance limits are exhausted, you remain personally responsible for the remaining balance of the damages. The injured parties can sue you for the “excess”, which may put your personal assets, savings, and future earnings at serious risk.  

Umbrella insurance protects your home by providing excess liability coverage. If you cause a severe car accident and are sued for damages exceeding your standard auto insurance limits, the umbrella policy pays the remaining balance.   

Personal assets are at risk if an at-fault car accident lawsuit yields damages that exceed your liability insurance coverage limits. In such scenarios, the injured party can pursue a legal judgment against your personal wealth to recover the remaining balance.