Drivers are expected to behave reasonably on the road. Unfortunately, car accidents and crashes are way too common in most states, including Idaho. Because of the sheer impact of the crash, one may feel overwhelmed and stressed. It is important to check if someone is injured and in need of medical help. If you ever get injured in an accident, the first step would be to get medical assistance, for which you should call 911. Alert the local police, and if it’s safe, move your vehicle away from the traffic. Once things are normal and you feel better, consider contacting an Idaho car accident attorney. Since Idaho is a tort state for accident claims, you can seek compensation from the driver at fault. What if you are also at fault for the accident? In that case, the contributory negligence laws will be considered.
Understanding contributory negligence laws in Idaho
Some states, such as Alaska, follow the “pure comparative fault” rule, while others follow the “modified comparative fault” rule. Idaho follows the latter. If two drivers are at fault, their share of negligence will determine if they can claim compensation from the other party. For example, if one driver was drunk and another was texting on the phone, the collision happened because of a shared fault. It can still be hard to determine what actually triggered the accident unless a complete investigation is done.
If your fault share is more than 50%, you cannot expect anything in a settlement from the other party. This would be true even when your share of losses is considerably higher. When you are at a minor fault, or your share of the blame is less than the at-fault driver, you can seek compensation, but your fault percentage will determine the settlement. For instance, if you are 20% at fault and are awarded $10,000 in the settlement, your final compensation would be a reduced amount of $8,000. You lost $2,000 because of your fault.
Call an attorney
It is always wise to hire an attorney after an auto accident in Idaho. Your lawyer can protect your interests and ensure that the at-fault party doesn’t pass the blame. They will also investigate the accident, gather information and evidence to prove the claim. The lawyer can eventually file a lawsuit if the insurance company doesn’t offer a fair settlement. You should consult an attorney soon after the accident to act immediately on your claim.