In personal injury cases in Jackson, Wyoming, the concept of comparative fault can significantly affect how much compensation an injured person may receive or whether they can recover anything at all. Whether you’ve been injured in a car crash on Teton Pass, a slip and fall at a resort, or a motorcycle accident, understanding how comparative fault works is essential to your case.

Craig Swapp & Associates’ Jackson personal injury lawyer helps victims throughout Wyoming pursue fair compensation for their injuries. Because the state has a modified comparative fault system, the outcome of each case may depend on how fault is distributed among all parties involved. 

Wyoming’s Modified Comparative Fault System

Wyoming follows a “modified comparative fault” rule, outlined in Wyo. Stat. § 1-1-109. Under this system, injured individuals may still recover damages even if they were partially at fault, as long as their share of fault is 50% or less. 

However, any compensation awarded is reduced by the percentage of fault attributed to them. If an injured party is found to be 51% or more at fault, they are barred from recovering damages.

This system plays a central role in how personal injury cases are evaluated across Jackson and other parts of the state. For example, if you are awarded $100,000 in damages but are found to be 30% at fault, your recovery would be reduced to $70,000.

Another critical aspect of Wyoming’s comparative fault laws is the “abolition of joint and several liability.” This means each defendant in a personal injury case is only responsible for their share of the fault, and not for any unpaid portion owed by other parties. If one at-fault party cannot pay, the injured plaintiff cannot seek the difference from the other, making it all the more important to identify and name all responsible parties in your lawsuit.

Who Determines Fault in Personal Injury Cases in Jackson?

In Wyoming, fault is typically determined by a jury based on the evidence presented. The fact-finder evaluates the conduct of all actors involved, including plaintiffs, defendants, and even non-parties, and assigns a percentage of fault to each. The total must equal 100%.

In a multi-party car crash, for instance, the jury might find:

  • Driver A: 40% at fault
  • Driver B: 30% at fault
  • Plaintiff: 30% at fault

In this example, the plaintiff would receive 70% of the total damages, and each defendant would be responsible only for their own share, not for each other’s.

Gathering Evidence to Determine Fault in Injury Cases 

Establishing fault in a comparative negligence system like Wyoming’s hinges on high-quality evidence. Gathering, preserving, and presenting this evidence effectively can make the difference between winning fair compensation or getting nothing at all.

  • Accident reports: These are crucial in motor vehicle accidents and some premises liability claims. They provide initial observations, witness statements, and sometimes even preliminary fault assessments.
  • Eyewitness testimonies: Statements from people who saw the incident unfold can help clarify how and why it occurred, especially in cases where stories conflict.
  • Camera footage: Visual evidence of injuries, property damage, skid marks, lighting conditions, and weather can all support or contradict versions of events.
  • Professional testimonies: Accident reconstruction experts, engineers, or medical professionals can offer insight into what caused the incident and who is likely responsible.
  • Medical Records: Beyond proving injury, medical documentation can sometimes help pinpoint timelines or contradict the defense’s claims about how the injuries occurred.

In all accidents, thorough documentation and fast action to preserve personal injury evidence are key. The longer you wait, the harder it can be to prove who was at fault and how much blame you may or may not share.

How Personal Injury Lawyers Help Determine Fault in Every Case

In a personal injury case where Wyoming’s modified comparative fault applies, even a small shift as to how fault is assigned can drastically impact your outcome. That’s why it’s critical to have competent injury lawyers by your side.

Investigating the Scene

Your lawyer will conduct a thorough independent investigation into the accident or incident, including:

  • Collecting physical evidence
  • Interviewing witnesses
  • Obtaining security camera or dashcam footage
  • Consulting with accident reconstructionists or medical experts

This proactive approach is designed to uncover all relevant facts, identify all potentially responsible parties, and build a strong foundation for your case.

Preventing the Blame Game

Defendants (and their insurance companies) often try to shift blame to the injured party to avoid paying.

A skilled personal injury lawyer knows how to:

  • Challenge biased or inaccurate statements
  • Suppress inadmissible evidence 
  • Ensure that comparative fault is applied fairly and accurately

Maximizing Compensation

Your attorney will also calculate the full scope of damages, which may include:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life

By presenting a strong claim supported by solid evidence and legal arguments, a lawyer can help ensure that your degree of fault is minimized so you keep as much of your compensation as possible.

Protecting You From Costly Mistakes

It’s easy to unintentionally say or do something that could be used against you later, especially when speaking with insurance adjusters. A personal injury lawyer helps you avoid these pitfalls and ensures all legal deadlines are met.

If you’re unsure about whether you have a claim or how your own actions may affect your compensation, talking to injury lawyers in Jackson can give you the clarity you need.

Don’t Let Comparative Fault Stop You from Claiming Damages

If you’ve been hurt in an accident, don’t assume you can’t recover damages just because you may share some of the blame. Comparative fault in Jackson, WY cases can be nuanced, and the way fault is evaluated will directly impact your financial recovery.

With years of experience handling personal injury cases nationwide, including Jackson, Wyoming, Craig Swapp & Associates understands the legal confusion of how Wyoming’s modified comparative fault system affects each compensation claim.

Our experienced injury lawyers in Jackson will evaluate your case, protect your rights, and help you pursue the compensation you need to move forward. 

Don’t let the other party decide that you share fault in your accident case; talk to a lawyer who will fight for you. Call us today at 307-522-1542 or send us a message about your case by answering our online form here to schedule your free consultation.

Written By: Ryan Swapp     Legal Review By: Craig Swapp