What Is Comparative Negligence?
Comparative negligence is a legal doctrine used to allocate fault among parties involved in an accident. Instead of assigning all the blame to one party, this system recognizes that multiple parties may share responsibility for an incident. Under Idaho Code § 6-801, the state follows a modified comparative negligence rule, often referred to as the "50% bar rule." This means that an injured party can recover damages only if their percentage of fault is less than 50%. If you are found to be 50% or more at fault, you are barred from recovering any compensation.
How Does Comparative Negligence Affect Your Claim?
In a car accident case, the court or insurance company will assess the evidence to determine each party's percentage of fault. This can include reviewing police reports, witness statements, and expert testimony. For example, if you were speeding at the time of the accident, you might be assigned a percentage of fault for contributing to the severity of the collision.
Once fault is determined, your compensation will be adjusted accordingly. If you are awarded $100,000 in damages but found to be 30% at fault, your compensation would be reduced by 30%, leaving you with $70,000.
The Role of Boise Car Accident Attorneys
Navigating the complexities of comparative negligence can be challenging, especially when dealing with insurance companies that may attempt to minimize your compensation by shifting more blame onto you. This is where experienced Boise car accident attorneys, like those at The Advocates, come into play.
The Advocates specialize in personal injury cases and understand the nuances of Idaho's comparative negligence laws. They can help you:
Gather and Present Evidence: Collecting comprehensive evidence to support your claim and accurately establish fault percentages.
• Negotiate with Insurance Companies: Engaging with insurers to ensure they don't unfairly assign you a higher percentage of fault, which could reduce your compensation.
• Navigate Legal Procedures: Assisting you through the legal process, ensuring all paperwork is filed correctly and deadlines are met.
• Maximize Your Compensation: Working to secure the highest possible settlement or court award based on the specifics of your case.
By leveraging their expertise, The Advocates aim to ensure that you receive fair treatment and the compensation you deserve.
Importance of Timely Action
It's essential to act promptly after a car accident. Idaho has a statute of limitations for personal injury cases, which is two years from the date of the accident. Failing to file a lawsuit within this timeframe can result in the loss of your right to seek compensation.
Additionally, evidence can become harder to gather as time passes. Witnesses may forget details, and physical evidence may be lost. Engaging a Boise car accident attorney early can help preserve crucial evidence and strengthen your case.
