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What happens if both drivers are at fault in a Boise car accident?


Every state has its own rules when it comes to accidents that involve fault on the part of more than one party. Under Idaho law, you are not automatically barred from pursuing a claim for damages following a car accident—even if you were partially at fault for the crash. This is known as modified comparative negligence. The following is a helpful overview of how this applies to your potential claim:

  • You may recover compensation from any party that was more at fault than you were.
  • Your recovery will be reduced by the amount of your fault for the crash.
  • A judge or jury will ultimately make the determination as to which parties are at fault in a crash, and at what percentages.
  • Insurance claim adjusters may take these comparative fault rules into consideration when deciding on how much your claim may be worth.


Since there is no scientific or clearly defined method for assigning fault following a Boise car crash, a crucial aspect of your personal injury or property damage claim is to prove that you are at a lesser degree of fault than the other party. This requires you to gather and present evidence to support your claim. Ultimately, you must convince a judge, jury, or insurance adjuster that your level of fault was minimal in order to obtain the greatest amount of compensation possible.

Understanding comparitive fault and other laws relating to car accidents is crucial to the success of your claim. To learn more, contact an experienced Boise car accident attorney today at 888-716-8021 to schedule your free consultation—you'll be glad you did.

Alan Morton
Advocate for Justice/Trial Lawyer