In Idaho, the laws surrounding negligence and responsibility in personal injury cases are designed to ensure fairness, even in situations where both parties share some degree of fault. Specifically, Idaho follows the principle of comparative negligence or comparative responsibility, which plays a crucial role in determining how damages are awarded in cases of negligence, gross negligence, or comparative responsibility that result in injury or death.
What Is Comparative Negligence?
Comparative negligence is a legal doctrine used to assess the degree of fault each party holds in an accident or injury. Instead of completely barring recovery if the injured party is partially at fault, Idaho’s comparative negligence laws allow the court to reduce the damages based on the proportion of fault assigned to the injured party. This contrasts with the older contributory negligence rule, which often prevented any recovery if the injured person shared even a small portion of the blame.
How Does Idaho’s Comparative Negligence Law Work?
Idaho law ensures that contributory negligence or comparative responsibility will not automatically bar a person from recovering damages in a lawsuit. This applies whether the claim is based on negligence, gross negligence, or comparative responsibility that leads to death or injury.
However, there is an important qualification: while recovery is possible, the amount awarded is reduced in proportion to the amount of fault attributed to the person seeking compensation. In simpler terms, if you are found to be partly responsible for the incident, your compensation will be reduced based on the percentage of fault you share.
For instance, if you were involved in an accident and found to be 20% at fault, your awarded damages would be reduced by 20%. This ensures that you are compensated fairly for your injuries or losses, but it reflects the degree to which you contributed to the incident.
Speak to an Experienced Personal Injury Attorney Today
GLP Attorneys has supported clients with their personal injury cases for over three decades. GLP Attorneys has experience achieving justice for clients who have been involved in car accidents, motorcycle accidents, trucking accidents, wrongful death, and more.
If you have been injured in an accident in Idaho, call RJ Ermola at 800-273-5005 or email us at to schedule a free lawyer consultation.
