Something many people worry about is if they can actually recover compensation if the accident they were in was partially their fault. Under Idaho law, fault is not looked at through a black-and-white lens – instead, it recognizes that accidents are often involving shared responsibility.
Idaho law follows a comparative negligence system. That means that you can still recover damages, the amount of which will be proportionate to your share of the fault.
In this article, we will look at when and how you can recover compensation if you were partially at fault in an Idaho accident, how fault is determined, and how it will affect your compensation in the end.
Understanding Comparative Negligence in Idaho
Idaho law observes the “modified comparative negligence” rule (Idaho Code § 6-801). Under this rule:
- As long as your portion of the fault for the accident is under 50%, you can recover compensation.
- If your fault is determined at 50% or more, you cannot recover damages.
A simple example – say you were in an accident, the claim for which is $100,000. If your fault is calculated at 20%, you would recover $80,000.
This law is important – it ensures all parties at fault take accountability, but it also ensures that those who are partially to blame can still seek and obtain fair compensation.
How Fault is Determined
In an Idaho accident case, fault is typically decided through:
- Police reports, as well as citations from the scene.
- Witness statements.
- Surveillance footage, dashcam, or any relevant photographs.
- Expert testimony (e.g. accident reconstruction specialists).
This is the evidence that insurance companies and courts will analyze, and based on it, they will assign the percentages of fault respectively to each party.
Of course, this process of determining fault can be subjective. That is why consulting an experienced personal injury attorney in Idaho is a crucial step, as it will ensure that your share of fault is minimized (as much as possible).
Common Scenarios of Shared Fault
Types of cases where partial fault is commonly found are:
- Car crashes – for example, if one of the drivers was speeding, whilst the other failed to yield.
- Slip-and-fall injuries – for example, the victim could have ignored a warning sign, but also the property owner could have failed to fix a hazard.
- Pedestrian accidents – usually when both the pedestrian and the driver did not pay full attention.
Circumstances matter, and the above examples prove that often fault can be shared without necessarily blocking your right to obtain compensation for your injuries and suffering.
How Comparative Fault Affects Compensation
As mentioned above, how much compensation you can seek is directly proportionate to your percentage of fault.
As an example:
- Total damages: $50,000.
- Your fault: 30%.
- Your compensation: $35,000 (after a 30% reduction).
So even if you were partially to blame for the accident, you can still obtain funds to cover your medical expenses, lost wages, and pain and suffering – just as long as your share of the fault is not 50% or more.
Steps to Take After an Accident
In order to have a strong claim and to protect your rights after an accident, do the following:
- Call the police – filing an official report is crucial.
- Take photos of the scene, the injuries, the vehicles.
- Seek medical help immediately, even if you don’t believe your injuries require it.
- Consult an attorney first before you record statements for insurers.
- Make contact with a lawyer early – this helps preserve evidence and build your case properly.
Acting fast can make all the difference in proving fault accurately.
Why Legal Representation Matters
Unfortunately, insurance adjusters will often try to increase your share of the fault so that they can reduce payouts. This is where an experienced Idaho personal injury attorney can help you.
They can investigate the accident and gather strong evidence, whilst negotiating with insurers to reduce the percentage of your fault. If necessary, they can also present a compelling case in court.
In case you have suffered an accident in which you were partially at fault, you may still be entitled to seek compensation. At Bendell Law Firm PLLC, we work with clients like you every day in increasing their potential recovery, whilst ensuring their rights are protected.
Contact one of our skilled attorneys today – we will explain your rights to you, and together, we will fight for the compensation you rightfully deserve.