Accidents often involve more than one person’s choices. If you sustain an injury in Idaho, the legal system evaluates your actions alongside those of the other parties involved. Under Idaho Code § 6-801, the state follows a modified comparative negligence system. This law determines whether you are eligible for compensation based on your specific percentage of the blame.
How the “not as great as” rule affects your claim
In Idaho, you may only recover damages if your negligence is not as great as the negligence of the person or entity you are suing. This is effectively a “49% Rule”; you must be 49% or less at fault to remain eligible for compensation. If you are found to be 50% or more responsible for the incident, Idaho law prevents you from collecting any money from that party.
Consider these scenarios regarding fault and recovery in a single-defendant case:
- Minor fault: If you are 20% at fault and have $100,000 in losses, you receive $80,000.
- Maximum threshold: If you are 49% at fault, you still receive 51% of your total damages.
The 50% Bar: If you reach the 50% mark, you receive nothing, regardless of the severity of your injuries.
The “individual rule” for multiple defendants
It is a common misconception that your fault is compared to the “total” fault of everyone else. Idaho courts apply the Individual Rule (reinforced in cases like O’Guin v. Bingham County). If your case involves multiple defendants, your fault is compared to each defendant separately.
Example: If you are 30% at fault, and there are two defendants who are each 35% at fault, you may recover from both. However, if those two defendants are each 25% at fault, you cannot recover anything from either of them—even though their combined fault (50%) is higher than yours—because your individual fault (30%) is greater than theirs individually.
The impact of proportionate reductions
Even when you qualify for compensation, the court reduces your payout by your exact percentage of responsibility. Insurance companies use these rules to lower their payouts. They often search for evidence that you were speeding, distracted, or failed to follow safety signs to push your fault percentage toward the 50% threshold.
Protecting your right to recovery requires an accounting of the facts. You should document the scene, collect witness statements, and preserve all medical records to establish the cause of the event and help ensure fault is allocated correctly.