Idaho Law Blog
Accidents are almost never just a simple matter of one person being at fault and paying for the injuries caused. Usually both parties bear some responsibility and attorney’s, judges, and ultimately juries are the ones who end up assigning the percentage of fault to each side. The case is presented to the jury and it compares the fault and adds the percentages up to 100%. When the plaintiff or injured party is compared to the defendant, his or her fault reduces the amount recoverable. In other words, if he is 25% negligent in causing the accident and the defendant is 75% liable, the plaintiff’s jury award will be reduced by 25% giving only 75% to the injured party. This principle is known as the rule of modified comparative fault.
Thirty-three states observe the rule of modified comparative fault. Each is free to interpret it differently. Idaho follows the 50 percent bar rule. This means that a victim may only recover damages if he or she is found to be responsible for 50 percent or less of the accident.
One way to understand the idea of this rule is to do it through an example.
Fred was out for his usual Sunday afternoon walk, just walking along and enjoying the sights and sounds of the city. As he approached an intersection, his cell phone gave a text notification and he pulled it out of his pants pocket. As he studied the text message, Fred entered an intersection in the crosswalk. At the same time, Sally ran a red light and struck Fred in the crosswalk and broke his leg.
So who is at fault? Fred had the right of way to walk into the intersection, but Idaho law clearly states that one cannot leave a place of safety and go into the street without paying attention to one’s surroundings. Of course, Sally had a duty to yield the right of way to Fred who was a pedestrian in a crosswalk at the time of the accident. Does Sally take all the fault? Do the two of them share the fault in some percentage?
When his claim goes to court, the jury determines that Fred acted in a manner that contributed to the accident. This means that Fred cannot recover the complete amount of compensation he seeks for his broken leg. The jury finds that Fred is 15 percent at fault for the accident, whereas Christina bears the majority of the responsibility. Since Fred’s fault is less than 50 percent of the accident, he can recover damages. However, the total amount of money he can recover is reduced according to the amount of fault he bears for the accident.
If you have been injured in any type of accident, talk to your attorney about how Idaho modified comparative fault rule can affect your claim before you file or talk to an insurance provider. He or she will help you determine your fault in the accident and advise you accordingly.
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