In Idaho, sharing fault for a motorcycle accident can impact your right to recover compensation from the at-fault party. Idaho’s modified comparative negligence system determines how fault is assigned and how much (if any) compensation you can seek.
Contact our Boise motorcycle accident attorney to file a claim and seek compensation for your injuries today. Call (888) 845-8745 for a free consultation.
What is Negligence?
Negligence is the foundation for most personal injury claims in Boise, ID, including motorcycle accident cases. In such cases, you’ll usually need to prove that another party failed to act with reasonable care and caused you harm.
To establish negligence, you must prove four elements:
- The defendant owed you a duty of care.
- That duty was breached through careless or reckless driving conduct.
- The breach caused your injury.
- You suffered damages as a result of the breach.
In many cases, negligence liability isn’t clear-cut. That’s why multiple parties can bear responsibility for a motorcycle crash under Idaho’s shared fault rules.
Fault-Based Legal Systems in the U.S.
States follow different rules to address situations where more than one party (including the injured victim) share blame for an accident.
1. Contributory Negligence
Contributory negligence systems bar an injured party from receiving compensation if they share any fault for the accident — even as little as 1%. Only a few states still use this harsh approach.
2. Pure Comparative Negligence
Under this system, anyone who suffers injuries in an accident can recover damages, even if they were mostly at fault. However, their recovery is reduced based on their percentage of fault.
3. Modified Comparative Negligence
This fault scheme allows an injured person to recover compensation so long as they are not equally or mostly at fault for an accident. There are two variations of modified comparative negligence:
- 50% bar – In these jurisdictions, you can recover damages only if you were less than 50% at fault for your injuries. If you’re 50% or more at fault, you recover nothing.
- 51% bar – In these states, you can recover compensation if you are not 51% or more at fault (i.e., mostly at fault).
In both systems, your damages will be reduced to account for your share of fault, assuming you are not barred from recovering compensation.
Idaho’s Approach to Shared Fault
Idaho follows a modified comparative negligence system with a 50% bar. That means you can only receive financial compensation if you are less than 50% at fault for your motorcycle accident.
If you’re found to be 50% or more responsible, state law prohibits you from recovering any money.
However, If your share of blame is under 50%, your compensation will be reduced according to your degree of fault. For example, if you were awarded $80,000 but found to be 25% responsible, your recovery would be reduced to $60,000.
How Insurance Companies Use Comparative Fault Rules
Insurers frequently blame victims for their own injuries to minimize their financial exposure for an accident. For instance, they may argue that your actions contributed to your injuries, regardless of whether that’s supported by evidence. This rule frequently comes up in motorcycle accident cases, where insurers blame riders for risky riding behaviors, failing to wear adequate protective gear, etc.
If an insurer pushes your share of responsibility to 50% or more, they can escape liability for your injuries.
If you’re being blamed for your accident, you should take the accusations seriously. You should also consult an experienced attorney for help understanding your rights.
Contact an Boise Motorcycle Accident Lawyer if You’re Being Blamed for an Accident
If you were injured in a motorcycle accident and are now facing claims of comparative fault, you should seek experienced legal representation. Idaho law allows injured victims to recover compensation, even if they share partial responsibility for the incident.
An Boise motorcycle accident lawyer can evaluate the facts of your case, push back against unfair fault allegations, and fight to protect your right to compensation. Contact Mountain States Injury Lawyers today to learn how Idaho’s modified comparative negligence rules may apply to your case.