What is “Comparative Negligence” in Idaho Car Accidents?

If you have been in a car accident and have injuries, damage to your vehicle, and a pile of medical bills, you’re probably wondering, “who is responsible for covering these costs?” At Craig Swapp & Associates, we work closely with you to better understand what occurred in your case so we can help you fight for the compensation owed to you. For many, that means understanding comparative negligence in Idaho car accidents

How Fault Affects Car Accident Cases

In Idaho, fault matters in car accident cases. As an “at fault” state, those found at fault for the accident maintain responsibility for the losses they’ve incurred on others. However, there are limitations to this. 

Idaho is considered a modified comparative negligence state. That means to recover any compensation from the injuries suffered or the property damage you have, you must not hold more of the fault than the other driver. 

Different Between Comparative Negligence and Contributory Negligence

There are two different types of negligence that often applies to car accidents. The difference between contributory negligence and comparative negligence is the ability to claim compensation when both parties have some level of fault in an accident. 

  • Contributory negligence: In this form, a person is not able to claim any damage if they are found even just a portion at fault for the accident. 
  • Comparative negligence: Here, a person can recover some damages, but the amount possible to claim is reduced by the amount of fault the person has. 

It is critical to work to reduce any claims made against you after a car accident since it can impact how much money you can receive as compensation for your losses. Working with an Idaho car accident lawyer is crucial to protecting your rights in situations like this.

Idaho Is a Comparative Negligence State 

When you meet with our car accident lawyers in Boise, Idaho, we will work with you to help you understand how this impacts your specific case. Under Idaho car accident laws, you may claim damages against the party at fault in the accident if they are more responsible than you are. 

In Idaho, car accident laws allow for the recovery of any losses you’ve suffered. That could include both economic and non-economic damages depending on the situation. 

Economic damages include compensation for damaged vehicles, medical expenses, and lost income. The noneconomic damages may include losses related to disability, disfigurement, and emotional distress. 

With the help of our car accident lawyers in Boise, Idaho, we can help you determine what type of losses you have and how much of those debts may be the responsibility of the other driver. This may include:

  • Pain and suffering claims
  • Loss of wages due to lost time at work from medical losses
  • Medical expenses, including past and future costs 
  • Vehicle repair or replacement costs
  • Loss of affection or companionship if your loved one died as a result of negligence 

Because of the complexity of these laws, we highly encourage you to speak to our attorney to discuss your case fully. Insurance companies want to reduce how much is paid out to you. For that reason, you need an attorney by your side who can support you throughout this legal process if you are in a car accident in Idaho. 

How to Calculate Comparative Negligence

In Idaho, fault is measured by percentages, with each party receiving a percentage of the fault related to the incident based on the evidence present. For example, a judge may determine that one party is 30% at fault and the other 70% at fault. 

In this case, the party that is 30% at fault may pursue financial compensation for the losses they’ve incurred. The court will award only 70% of those damages since the party was at fault for 30% of the losses. 

The party that is 70% at fault cannot seek out compensation from the other party. That is because they hold more of the responsibility and fault in this case.

Having an Idaho car accident lawyer can be critical in protecting your rights to compensation in car accidents like this. Without doing so, you could be wrongfully awarded too much fault. If so, that could limit the amount of compensation you receive, even if you believe the other party was more at fault. 

If you were in a car accident in Idaho, allow our team to work with you. Our goal is to prove that you are not responsible for the car accident, or if you do hold some fault, to help secure the lowest percentage possible, ensuring you receive the compensation owed to you.

The Attorneys at Craig Swapp & Associates Can Help You with Your Car Accident Case

As trusted car accident lawyers Boise Idaho, residents can trust our attorneys with their car accident cases. Allow our team to work closely with you to better understand your level of responsibility and who should pay for your losses. Contact us now for a consultation. Craig Swapp & Associates is ready to help you.

Written By: Ryan Swapp     Legal Review By: Craig Swapp