Comparative negligence is a comparison of fault between the different parties in an accident to decide how much each drivers’ negligence contributed to the collision.
For example, if there’s a two-vehicle accident, it’s not always 100% one person’s fault. Sometimes both people contributed in some way to the accident. Comparative negligence portions the fault between the two drivers.
In Idaho, the other driver has to be determined to be at least 51% at fault in order for you to recover from the other driver for your injuries. If it is found that you are 50% or more at fault, then you won’t receive a recovery from the accident.
For the calculation of damages, the jury decides how at-fault you were for the accident, then the amount of damages they award to you is reduced by that amount. For example, if the jury determines that you’re 20% responsible for the accident, the amount of the judgment in your favor is reduced by 20%.
If you’d like a consultation about your accident, please call Gariepy Law Offices at 208-733-4787 for assistance. We have offices conveniently located in Twin Falls, Burley and Ketchum.