When a personal injury accident occurs, one question that often arises is who is responsible for the injury. In Idaho, this question is not necessarily straightforward, as the state follows a comparative fault rule. This article will explain what comparative fault is and how it applies to personal injury cases in Idaho.
Table of Contents
What Is Comparative Fault?
Comparative fault is a legal principle that determines how damages are allocated in cases where multiple parties are at fault for an accident. Essentially, it means that if a person contributes to their own injury through their own negligent actions, their monetary damages will be reduced in proportion to the degree of their fault.
How Does Comparative Fault Work?
In Idaho, there are two types of comparative fault: pure comparative fault and modified comparative fault.
Pure Comparative Fault
Under pure comparative fault, a plaintiff’s damages are reduced by their percentage of fault, regardless of how much fault other parties may bear. For example, if a plaintiff is found to be 60% at fault for an accident, and the defendant is found to be 40% at fault, the plaintiff’s monetary damages will be reduced by 60%.
Modified Comparative Fault
Under modified comparative fault, a plaintiff can only recover damages if their percentage of fault is below a certain threshold. In Idaho, the threshold is 50%. This means that if a plaintiff is found to be 50% or more at fault for an accident, they cannot recover any damages. If the plaintiff is found to be 49% or less at fault, their damages will be reduced proportionally to their degree of fault.
How is Comparative Fault Determined?
Determining comparative fault can be complex and usually requires the help of an experienced personal injury attorney. The court will consider several factors when determining fault, such as:
- The actions of each party leading up to the accident
- The specific circumstances of the accident
- Whether any party violated a law or safety regulation
- Whether any party was intoxicated or impaired at the time of the accident
- Any other relevant evidence or testimony
How Does Comparative Fault Affect Personal Injury Cases?
Comparative fault can have a significant impact on a personal injury case, especially in situations where both the plaintiff and defendant are partially responsible for the accident. In cases of pure comparative fault, it is still possible for the plaintiff to recover damages even if they are more than 50% at fault. However, the amount of damages will be reduced by the plaintiff’s percentage of fault. This means that even if the defendant is found to be mostly at fault, the plaintiff’s own actions can significantly reduce the amount of damages they ultimately receive.
In cases of modified comparative fault, the threshold of 50% fault means that a plaintiff can be completely barred from recovering damages if they are found to be more than 50% at fault. This can be a harsh reality for plaintiffs, especially if they are facing significant medical bills and unexpected expenses related to the accident.
Conclusion
Personal injury cases can be complex legal matters, especially when comparative fault comes into play. If you have been involved in an accident and are considering pursuing legal action, it is important to speak with an experienced personal injury attorney who can help you understand the legal principles involved. By understanding comparative fault and how it may apply in your case, you can make informed decisions about how to proceed and what to expect in terms of damages and compensation.