The answer, shockingly, is no.
Idaho uses a modified comparative fault standard when determining whether a victim can seek compensation for injuries sustained in an accident. A plaintiff can only recover damages if the fault of the other driver exceeds his or her own fault. If the fault is equal or if the other driver has less fault for the accident, but isn’t completely blameless, then, damages cannot be claimed.
In a case involving one plaintiff and one defendant, where the fault is determined to be 50-50, the plaintiff will not be able to collect damages.
Because Idaho is a comparative negligence state, victims can only recover damages in the case of an accident where the other driver of the vehicle is found to be 51% responsible for the accident or greater.
Let’s go back to our initial case, where both drivers ran the stop side and collided. If, during the course of the trial, it is discovered that the other driver was intoxicated when he or she ran the stop sign, the comparative fault in the case may change. Of course, determining fault is a complex matter. Many factors go into determining percentages of blame. This is why it is important to hire an experienced personal injury lawyer in Idaho who can review the full details of your case and help build a strong case that will allow you to receive the maximum amount of compensation allowed by law.
The Law Office Johnson & Lundgreen offers a team of personal injury lawyers in Meridian and Boise, Idaho with years of experience taking diverse cases to trial. Because the law is complex, it is important to have your case reviewed by an experienced lawyer before you seek damages. You might be entitled to more than you think. Contact our firm today for a free case evaluation.