Car accidents are a common occurrence in Idaho and can result in severe injuries and damages. If you or someone you know has been involved in a car accident, it’s crucial to understand Idaho’s comparative negligence law. In this blog post, we’ll explain what comparative negligence is, how it works in Idaho, and what it means for car accident victims.
What is Comparative Negligence?
Comparative negligence is a legal doctrine that determines how damages should be apportioned in a personal injury case when more than one party is at fault. Under this doctrine, each party is assigned a percentage of fault for the accident, and damages are awarded based on that percentage.
For example, suppose two drivers are involved in a car accident, and the court determines that Driver A is 80% responsible for the accident, and Driver B is 20% responsible. In that case, Driver A would be responsible for paying 80% of the damages, while Driver B would be responsible for the remaining 20%.
Idaho’s Comparative Negligence Law
Idaho follows the modified comparative negligence rule. Under this rule, a plaintiff (the injured party) can only recover damages if their percentage of fault is less than 50%. If the plaintiff is found to be 50% or more responsible for the accident, they cannot recover damages. Suppose a plaintiff is found to be less than 50% responsible for the accident. In that case, their damages will be reduced by their percentage of fault. For example, suppose a plaintiff is awarded $100,000 in damages but found to be 20% responsible for the accident. In that case, their damages would be reduced by 20%, and they would only receive $80,000.
It’s important to note that Idaho is also a “modified joint and several liability” state. This means that if one defendant is found to be more than 50% responsible for the accident, they can be held responsible for the entire amount of damages, even if other defendants are also at fault.
What It Means for Car Accident Victims
Understanding Idaho’s comparative negligence law is crucial for car accident victims. If you’ve been injured in a car accident and believe that someone else is at fault, it’s important to consult with an experienced personal injury attorney. They can help you determine your percentage of fault and fight for the maximum amount of damages you’re entitled to.
It’s also essential to remember that Idaho’s comparative negligence law applies to all types of car accidents, including those involving multiple vehicles, pedestrians, and bicycles. It’s crucial to be aware of your surroundings and follow all traffic laws to prevent accidents and protect yourself in case of an accident.
Idaho’s comparative negligence law determines how damages are apportioned in personal injury cases when multiple parties are at fault. Understanding this law is crucial for car accident victims, as it can impact the amount of damages they’re entitled to receive. If you’ve been injured in a car accident in Idaho, it’s important to consult with an experienced personal injury attorney who can help you navigate the legal process and fight for the compensation you deserve. Additionally, it’s important to keep in mind that Idaho has a statute of limitations for personal injury cases. This means that you have a limited amount of time to file a lawsuit after an accident. In Idaho, the statute of limitations for personal injury cases is two years from the date of the accident. If you fail to file your lawsuit within this time frame, you may lose your right to pursue compensation.
Understanding Idaho’s comparative negligence law is essential for car accident victims. If you’re involved in a car accident, it’s important to seek medical attention immediately and document any injuries and damages. You should also contact an experienced personal injury attorney as soon as possible to help you navigate the legal process and fight for the compensation you deserve.
By following traffic laws and being aware of your surroundings, you can help prevent accidents from happening in the first place. However, if you are involved in a car accident, understanding Idaho’s comparative negligence law can help protect your rights and ensure that you receive fair compensation for your injuries and damages.
Hepworth Holzer, LLP is a law firm in Boise, Idaho that specializes in personal injury cases, including car accidents. If you’ve been involved in a car accident in Boise, our experienced team of attorneys can help you navigate the legal process and fight for the compensation you deserve.
Here are some ways that Hepworth Holzer, LLP can help with your Boise car accident case:
- Investigation: The attorneys at Hepworth Holzer, LLP will conduct a thorough investigation into the accident, collecting evidence, and interviewing witnesses. This investigation will help determine who was at fault for the accident and strengthen your case.
- Medical Assistance: The attorneys at Hepworth Holzer, LLP can also help you get the medical attention you need, even if you don’t have health insurance. We can refer you to medical providers who will treat you on a lien basis, meaning you won’t have to pay for medical treatment until your case is settled
- Communication: The attorneys at Hepworth Holzer, LLP will communicate with insurance companies and other parties involved in the case on your behalf. This can help reduce your stress and ensure that your rights are protected.
- Negotiation: The attorneys at Hepworth Holzer, LLP have extensive experience negotiating with insurance companies to reach a fair settlement. If the insurance company refuses to offer a fair settlement, we will not hesitate to take the case to trial.
- Representation: Finally, if necessary, the attorneys at Hepworth Holzer, LLP will represent you in court. We will use our extensive knowledge of Idaho law and their experience in personal injury cases to fight for the compensation you deserve.
If you’ve been involved in a car accident in Boise, Hepworth Holzer, LLP can help. With our extensive experience in personal injury cases, we can provide the legal assistance you need to navigate the complex legal process and get the compensation you deserve. Contact us today to schedule a consultation.
