Partial fault does not always end a claim
People sometimes assume that making any mistake prevents them from recovering after an accident. Idaho’s comparative-negligence rule is more nuanced. The facts, the applicable claim, and the responsibility of the parties all matter.
How the rule works
Under Idaho Code § 6-801, a person may recover on a negligence claim when their responsibility is less than that of the person against whom recovery is sought. Recoverable damages are reduced in proportion to the injured person’s responsibility. Read Idaho Code § 6-801 (2025 codification).
A simplified example
Assume a negligence case involves one injured person and one defendant, with $100,000 in established damages. If the injured person is assigned 20% of the fault and the defendant 80%, the fault reduction would leave $80,000 before considering other issues. If each were assigned 50%, the injured person would not satisfy the rule’s less-than requirement. This hypothetical illustrates the calculation; it is not a prediction of any case’s value.
Fault is a question to investigate
An insurer’s initial position is not the same as a court determination. Photographs, witness accounts, physical evidence, and other records may support or challenge an allocation of responsibility. Cases involving multiple defendants or different legal theories require a more detailed analysis than the example above.
Have the circumstances reviewed
Do not decide that you have no claim based only on a brief conversation or someone else’s accusation. Mortimer Injury Law can review the circumstances, explain the issues, and help you understand possible next steps. No attorney can promise a result, but careful investigation can help you make an informed decision.
General information, not legal advice. The law and its application depend on the facts of each case. Contacting our office does not create an attorney-client relationship.