Car accidents can happen in an instant, but the consequences can last for months or even years. If you’ve been injured in a crash in Boise, understanding how fault is determined can make the difference between walking away empty-handed and recovering full compensation.

Our Boise car accident lawyer at Craig Swapp & Associates helps accident victims prove who was at fault in car accidents so they can recover legal damages afterward. 

Car Accident Fault Laws in Boise, ID

In Boise and across Idaho, car accident claims are handled under a fault-based insurance system. That means the driver who caused the crash is financially responsible for the resulting damages, including medical expenses, lost wages, pain and suffering, and vehicle repairs.

This differs from “no-fault” states, where drivers typically turn to their own insurance first, regardless of who caused the crash. In Idaho, the at-fault party’s insurer pays, which makes proving fault an essential part of the claims process. 

Idaho follows a “modified comparative negligence” rule. This law allows you to recover compensation even if you were partially at fault, as long as your share of fault is less than 50%. However, your total compensation will be reduced based on your percentage of blame.

This makes it all the more important to work with a car accident lawyer who can build a strong case and limit your share of the blame.

Who Pays for Car Accident Damages in Boise?

In Idaho, the insurance company of the at-fault driver is generally responsible for paying accident-related damages. 

These include:

  • Medical bills and future care
  • Lost income and reduced earning capacity
  • Pain and suffering
  • Vehicle repairs or replacement
  • Out-of-pocket expenses

However, the at-fault driver’s insurance only covers up to their policy limits. 

Idaho’s minimum required coverage is:

  • $25,000 for bodily injury per person
  • $50,000 for total bodily injury per accident
  • $15,000 for property damage

If your damages exceed these limits, which is often the case in serious crashes, you may need to turn to your own uninsured/underinsured motorist coverage (UM/UIM) or pursue a personal injury lawsuit against the at-fault driver directly. Working with an injury lawyer in Boise can help ensure all sources of compensation are explored.

Important Car Accident Evidence to Determine Fault

Understanding how to determine fault in car accidents comes down to collecting strong, objective evidence. The more detailed your documentation, the better your chances of proving liability.

  • Police reports: When police respond to a crash, they typically file a report that includes names and statements from involved parties, witness contact information, citations issued, officer’s observations, diagram of the accident scene, etc. While not legally binding, police reports are often heavily relied upon by insurance adjusters and attorneys.
  • Photos and videos: Photographs from the accident scene can help illustrate vehicle damage and final positions, road and weather conditions, skid marks, debris, or traffic signs, visibility obstructions, etc. If dashcam or nearby surveillance footage exists, it can be a powerful tool in confirming the sequence of events.
  • Witness testimonies: Independent eyewitnesses are particularly valuable in “he-said, she-said” disputes. Their accounts can support or challenge the involved drivers’ narratives.
  • Vehicle damage reports: The nature and location of damage to the vehicles can often tell a story. For example, rear-end collisions typically indicate the rear driver is at fault for following too closely.
  • Black box or telematics data: Modern vehicles often contain event data recorders (EDRs) or “black boxes” that record crucial data such as speed, braking, and acceleration just before impact.
  • Cellphone and driving records: If distracted driving, intoxication, or recklessness is suspected, subpoenaing phone records or past traffic violations may help prove a pattern of negligence.

A knowledgeable car accident lawyer can help collect, analyze, and present this evidence to support your claim and refute unfair accusations of shared fault.

What Happens if Both Drivers Are at Fault in an Accident?

When fault in car accidents is shared, Idaho’s comparative fault law comes into play. 

  • Under 50% at fault: You can still recover compensation, but it will be reduced in proportion to your fault.
  • 50% or more at fault: You are barred from recovering compensation from the other party.

This can become especially important in complex or multi-vehicle crashes, intersections without signals, or merging situations where both drivers made questionable choices.

In some cases, the insurance companies will assign fault percentages based on their investigations, and negotiations may ensue. If both sides dispute the apportionment, a judge or jury may have the final say.

To protect your rights in cases involving shared fault, it’s critical to speak with a car accident lawyer who understands Idaho’s legal nuances and how to challenge unfair fault assignments.

Steps to Take After a Crash to Prove Fault 

If you’ve been in a crash and are unsure what to do next, follow these immediate steps to preserve your case and strengthen your position:

  • Stay calm and check for injuries
  • Call 911 and file a police report
  • Exchange information with the other driver(s)
  • Document the scene thoroughly with photos and notes
  • Get medical attention, even if symptoms seem minor
  • Avoid discussing fault at the scene or online

You can read more in our guide on what to do after a car accident in Idaho.

Don’t Let Others Downplay Your Car Accident Claim in Idaho 

Proving fault in car accidents isn’t always straightforward, especially when insurance companies try to downplay their policyholder’s responsibility or shift the blame onto you. Understanding how to determine fault in car accidents is just the beginning. The real challenge lies in collecting and presenting persuasive evidence that aligns with Idaho’s legal standards.

Whether you’re dealing with a stubborn insurance company or facing disputes over shared fault, having a trusted advocate can make all the difference. Our team at Craig Swapp & Associates has decades of experience representing victims of car accidents, and we know how to fight for full compensation – without paying us upfront to handle your case.

Call us at 208-628-5128 or send us a message about your case by answering our online form here for a free consultation.

Written By: Ryan Swapp     Legal Review By: Craig Swapp