Fault refers to someoneโs legal responsibility for an accident. Fault will go to the person or party most responsible for causing the victimโs damages, such as a distracted driver in an auto accident claim. Not all accidents assign 100% of fault to a defendant. Some cases involve comparative fault. Comparative fault refers to the victimโs portion of fault in contributing to the accident. Depending on where a plaintiff is filing a claim, state laws may bar him or her from recovery for comparative fault.
Is Idaho a Comparative Negligence State?
The two types of states when it comes to comparative negligence doctrine are comparative negligence and contributory negligence. Most states are comparative negligence states. These states use laws that do not entirely bar an injured person from financial recovery if he or she contributed to the accident in question. Contributory negligence states prevent a plaintiff from recovering at even 1% fault. Some states use pure comparative negligence laws, meaning a plaintiff could be any percentage of fault (up to 99%) and still recover compensation, while others use modified comparative negligence laws. In a modified state, the law will cap a plaintiffโs ability to recover at a certain percentage of fault, typically between 49% and 51%.
Idaho's Modified Comparative Negligence Law
Idaho is a comparative negligence state, not a contributory state. Section 6-801 of the Idaho Statutes states that comparative responsibility will not bar financial recovery in a cause of action to recover damages for someone elseโs negligence. Victims involved in claims such as car accidents, therefore, do not need to worry about a minor percentage of fault preventing them from recovering compensation. Idaho also uses a modified comparative negligence law, however, meaning too much comparative negligence could lead to $0 in recovery.
Under Idaho’s modified comparative negligence law, the plaintiff’s comparative responsibility cannot be as great as that of the defendant. A plaintiff cannot be more than 49% responsible for his or her injuries. At half or more of the responsibility for an accident, a plaintiff in Idaho will lose all right to demand compensation from another person. At 49% of comparative negligence or less, the courts will reduce the award by an amount equal to the percentage of fault. Ten percent of comparative negligence, for example, would reduce a $100,000 award to $90,000.
How Do You Calculate Comparative Negligence in Idaho?
Calculating comparative negligence can be important as the plaintiff of a personal injury claim in Idaho. This step is often necessary before ever filing a claim. If you visit a personal injury lawyer in Boise, he or she may calculate your estimated portion of fault before agreeing to take your case. If the lawyer believes you to be more than 49% responsible for causing your injuries, he or she may not believe your claim is worth pursuing. Calculating comparative negligence is also important for estimating the total monetary value of your case.
How Idaho Courts Determine Comparative Negligence in Accident Cases
In Idaho, the civil courts will gauge comparative negligence by analyzing all accident-related facts. A car accident case, for example, may involve an investigation of the scene, eyewitness statements, police reports, driving records, cell phone records, video footage, photographs, medical documents, and more. The courts will listen to both sides of the case, examine the evidence presented and determine how much โ if any โ you contributed to the accident and injuries involved in your claim. It will then award a verdict accordingly.
If the courts believe you contributed to your accident, they will reduce your judgment award. A percentage of fault at 25%, for instance, would diminish your recovery award by 25%. The courts will require the defendant to pay you 25% less than he or she would have without the comparative negligence defense. Calculating your award takes subtracting an amount equivalent to your percentage of fault. For example, with 25% of fault, you would receive $37,500 of what was previously a $50,000 judgment award ($50,000 x 0.25 = $12,500; $50,000 โ $12,500 = $37,500). A car accident lawyer in Boise can help you calculate comparative negligence as well as combat this defense to maximize your compensatory award in Idaho.
How Idaho's Comparative Negligence Law Impacts Your Personal Injury Claim
Idahoโs comparative negligence law can have significant implications for personal injury claims. Below are some ways the law may impact the dynamics of your case:
- Settlement Negotiations โ Since any share of fault reduces your damages, defendants and insurers often use comparative negligence to justify lower settlement offers. Understanding this tactic can help you negotiate a settlement more effectively.
- Gathering Strong Evidence โ Defendants will strive to reduce their own responsibility and shift it to you. Thatโs why plaintiffs need clear, compelling evidence to minimize their perceived liability.
- Counterclaims โ If the defendant argues that you were significantly at fault, this can reduce or even eliminate their liability. They can also file a counterclaim alleging that you were more than half responsible and therefore owe them damages.
- Impact on Jury Deliberations โ Comparative negligence can influence jury decisions. A defense strategy may emphasize even minor contributions on your part. If it is a โclose call,โ the jury may be swayed.
Familiarity with these aspects can help navigate your personal injury claim in Idaho. Our skilled lawyers can help you approach these issues strategically.
How an Attorney Can Help You Determine Fault and Your Potential Comparative Negligence
It is impossible to guarantee how a case will ultimately play out, and gathering strong evidence to prove fault can be difficult without the expertise of an attorney. Contact our knowledgeable Idaho personal injury lawyers for help evaluating fault in your accident and how the comparative negligence law will affect your case.
At Feller & Wendt, LLC, we do the heavy lifting so you can focus on recovering from your injuries. Our attorneys have extensive experience with the Idaho comparative negligence law, working closely with clients to minimize their fault and maximize their compensation. Our car accident lawyers can thoroughly investigate the accident, manage all filings and communications, and build a strong case tailored to your circumstances.
Our lawyers fight hard for our clients, whether negotiating a settlement or litigating a case in court. While we settle most cases without ever having to step foot in a courtroom, we are prepared to proceed to trial if needed. Our contingency fee structure means you pay nothing unless we win your case. Get started with a free case evaluation to explore your legal rights and options.
Contact a Firm With Experience in Comparative Negligence Claims
If you believe you may have been partially at fault or are unsure how the Idaho comparative negligence law will affect your personal injury case, consult an attorney as soon as possible. The experienced Idaho car accident lawyers at Feller & Wendt, LLC can ensure you understand your legal options and pursue the compensation you deserve.
With our office in Boise, weโre here to serve clients throughout Idaho. Our โNo-Win, โNo-Feeโ guarantee means you pay nothing unless we secure compensation on your behalf. Call 208-595-6953 or contact us online today for a free case evaluation.
*This information provided by Feller & Wendt, LLC is for informational purposes only and should be in no way constructed as legal advice.
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