STATE LAW – IDAHO LIBRARY – GUIDE 17
Idaho Comparative Negligence & Crash Liability
Idaho uses modified comparative negligence. Fault may be allocated among responsible actors, and a claimant’s recovery may be reduced or barred depending on the claimant’s percentage of fault under current Idaho law.
Idaho uses modified comparative negligence
Idaho Code § 6-801 allows recovery when the claimant’s negligence or comparative responsibility is less than the negligence or comparative responsibility of the person against whom recovery is sought. Recoverable damages are reduced in proportion to the claimant’s fault.
Special verdicts can allocate fault
Idaho Code § 6-802 permits, and on request requires, separate findings of damages and percentages of negligence or comparative responsibility. Multi-party cases should therefore be analyzed separately from a simple two-driver comparison.
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