It can be extremely difficult to navigate the legal aftermath of a car accident. Here at Litster Frost, our Boise car accident attorneys are prepared to help you understand Idaho's car accident laws, gather evidence to prove your case, and fight for the compensation you deserve.
Idaho Car Accident Laws
Idaho follows a modified comparative negligence system. This means that the party seeking compensation can still recover damages even if they were partially at fault for the accident. However, the amount of compensation awarded will be reduced by their percentage of fault. For instance, if you are found to be 30% at fault for the accident, your total award would be reduced by 30%. If you are deemed 50% or more at fault, you cannot recover any compensation.
It’s important to note that there is a statute of limitations for filing a car accident lawsuit in Idaho. Typically, you have two years from the date of the accident to file a personal injury lawsuit, this includes any injuries you may have sustained from the accident. If your loved one is killed in an MVA accident, the two year deadline to file a wrongful death claim still stands.
These deadlines are strict. It’s important to discuss your case with a knowledgeable car accident attorney to ensure your case does not get dismissed and you receive the compensation you deserve.
Determining Liability After a Car Accident
Idaho is an at-fault insurance state, meaning injured parties are able to pursue a claim against the party that caused them harm. In order to obtain compensation, however, you will need to prove liability. Proving liability, or legal responsibility, can be challenging without the help of an attorney.
Most motor vehicle accidents are caused by human error, including speeding, driver distraction, or driving under the influence. An attorney can help you prove your claim that the other driver was negligent. You must be able to show that the other party’s negligence was the proximate cause of your injuries. A lawyer will be able to walk you through the legal process and help to show who or what caused your harm.
Types of Damages Recoverable in Idaho
Car accident injuries can cause both financial and emotional hardships. In Idaho, you may be able to recover compensation for both economic and non-economic damages including:
Economic Damages:
- Medical Expenses
- Lost Wages
- Vehicle Repair or Replacement
- Rental Car Costs
- Other Out-of-Pocket Expenses
Non-Economic Damages:
- Pain and Suffering
- Emotional Distress
- Loss of Enjoyment of Life
- Wrongful Death (if your loved one was killed in the accident)
Quick FAQs
What should I do after a car accident?
- Call 911 and seek medical attention immediately.
- If possible, take pictures and videos of the accident scene, damage to vehicles, and road conditions.
- Gather contact information from any witnesses.
- Contact an experienced car accident lawyer to discuss your legal options.
How long do I have to file a car accident claim in Idaho?
You generally have two years from the date of the accident to file a personal injury lawsuit in Idaho.
What is the role of an attorney in a car accident case?
- A car accident attorney can help you navigate the legal process, investigate the accident, gather evidence, prove fault, negotiate with insurance companies, and of course, maximize your compensation.
Got Hit? Call Lit!
If you or a loved one has been injured in a car accident in Idaho, contact Litster Frost today for a free consultation. Our experienced Boise car accident attorneys will fight for the compensation you deserve. Our dedicated team of attorneys have extensive experience in all types of motor vehicle accidents:
Motorcycle Accidents
Motorcycle accidents can occur for many different reasons and may lead to serious personal injury. Learn how our Boise injury law firm can help you Get back on your feet today.
Truck Accidents
We proudly represent those who are involved in trucking accidents in Idaho. With I-84, I-90, and I-15 we see a great deal of commercial trucking traffic accidents on the rise.
Bicycle Accidents
When a car weighing nearly two tons, slams into a 15-pound bicycle, there is not much chance a bike rider will walk away unscathed. If this has happened to you or a family member, you know how your life can change in a brief moment.
Pedestrian Accidents
Idaho pedestrian accidents are a serious matter. Our Boise pedestrian accident attorneys are here to fight for you.
Boat Accidents
Because boating is a fun recreational activity, it can be easy to lose sight of the dangers on the water. Even if you’re a safe boater, you can’t control the people around you on the water. What can you control is what happens after a boating accident.
