If you were partially responsible for a car accident in Idaho, you may wonder if you are still entitled to compensation for the harm and losses you suffered. The answer to that depends on your level of involvement or contribution to the crash.
The law in Idaho allows you to file a car accident claim against the other party you share fault with only if your degree of responsibility does not exceed theirs. It means you can recover damages as long as your level fault is less than 50%. Otherwise, you will be barred from recovering compensation if your contribution to the crash is 50% or more.
How is your degree of fault arrived at?
Your level of fault is determined by the jury in a lawsuit or by insurance adjusters during settlement negotiations. There is no single way of going about this, and several factors may come into play when assessing your share of responsibility. They include:
- Evidence from the accident scene, like police reports, witness statements, skid marks or damage to the vehicles
- Surveillance footage showing how the crash happened
- Violation of traffic laws
- Each driver’s statements about the accident
After reviewing the circumstances of the crash, each driver is assigned a percentage of fault for the crash, which will determine the way forward.
It will affect your settlement
While you can claim compensation despite your contribution to the accident, the damages you can recover will be reduced by your percentage of fault. For example, you would only recover 60% of your damages if you were 40% responsible for the crash.
Reaching out for legal guidance if you were partially to blame for an accident can help you navigate the settlement process and understand your options if you think the fault assigned to you is inaccurate or unfair.