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Why You May Lose Your Wrongful Death Case Due to Comparative Negligence


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3/25/2015
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One of the most frequent claims for wrongful death cases is fatalities caused by motor vehicle accidents. Drunk drivers, distracted drivers, and those who are operating their vehicles in unsafe manners are often the reasons for these devastating crashes. In fact, according to the American Automobile Association, the leading causes for car crash fatalities are driver fatigue, poor weather conditions, drunk or impaired drivers, car manufacturing defects, street and highway defects, inexperienced or elderly drivers, and distracted drivers.

In order to prove that the driver who crashed into your loved one and caused her death is guilty, you’ll need to prove negligence. Although you may think you have this case in the bag, it may become derailed because of comparative negligence.

How Comparative Negligence Affects Your Case

The state of Idaho uses comparative negligence to determine who is at fault in an accident and by how much. As you may imagine, determination can either help or hinder your claim.

  • Modified comparative fault. Idaho follows a modified comparative fault rule, meaning the family filing the wrongful death claim can only win the case if the victim was less than 50 percent responsible for the accident. For example, if the victim was texting at the time of the accident and didn’t see the at-fault driver run a red light because she was distracted, she may be found as contributing to the accident. However, if the prosecution can prove she was less than half responsible for the accident, the plaintiff may win the case.

Don’t Trust Your Wrongful Death Case to Just Anyone

Proving guilt in a wrongful death case is often difficult, particularly with the modified comparative fault rule that Idaho follows. You don’t want to put your case in the hands of just anyone. The legal team of the Morton Law Offices will work hard to try and win your case. Connect with us today through our website or by calling 888.716.8021 to request your free consultation.



Category: Wrongful Death

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