Idaho, a beautiful state in the U.S. popular for rafting, fishing, and its famous crop, potatoes. The state is nicknamed Gem Stone for the precious and semi-precious gemstones found there. If you are curious to know more about Idaho, you must also know some of the laws that govern the state, especially Idaho negligence law.
Negligence Law Definition
Negligence law definition is the same in every state, only the negligence law by state differs. As per the negligence law definition, a person who fails to take reasonable care to avoid causing loss of life or injury to another person is termed negligent. The elements of negligence laws in Idaho include duty, recognized by law, breach of such duty, a connection between the defendant’s conduct and the resulting injuries, and actual loss or damage.
In the state of Idaho, most lawsuits are based on negligence. The legal theory behind the negligence laws holds you liable for doing or not doing something a reasonable person would or wouldn’t do, causing injury. For example, as per the negligence laws, if you are a motorist who fails to check the rear-view mirror before backing up on parking, and cause injury or loss to a pedestrian, you are liable for the injuries caused. You will be deemed negligent driver under Idaho negligence law as well as all negligence law by state all over the U.S.
Negligence Law Idaho
As per the Idaho negligence law, the plaintiff, or the person who brings the case against another in the court of law, may not collect any damages if they are at least as negligent for their own injuries as the defendant (a party that issued or accused in the court of law). The damages if any that the defendant is liable to pay is reduced in proportion to the plaintiff's negligence.
Comparative Negligence Doctrine is adopted by the negligence law Idaho. As per the comparative negligence laws of Idaho, if the plaintiff is fifty percent negligent, he or she cannot recover against the defendant. In case there are more defendants in action, the plaintiff can claim from those defendants who are more negligent than the plaintiff.
To make it easier, consider an example of an accident wherein several parties are involved. The plaintiff is thirty percent negligent; defendant A is twenty percent negligent, and defendant B is fifty percent negligent. As per the Idaho negligence law, the plaintiff can recover only from defendant B because defendant B is more negligent than the plaintiff.
Idaho negligence law is similar to negligence law by states all over the U.S. It is a punishable offense and the Punishment for negligence in Idaho is severe, like any other state in the U.S.
Punishment for Negligence in Idaho
The negligence law by states all over the U.S has one thing in common. It is an offense punishable by law. The punishment for negligence in Idaho is based on the negligence law definition of the state. As per the negligence law Idaho,
- If you are in the commission of an unlawful act not amounting to felony, with gross negligence cause death of another, and the operating of a motor vehicle is a significant contributor to the cause to the death, then you would be termed a felony.
The punishment for negligence in Idaho is ten years in prison and $10,000 fine.
- If you cause the death of another person in the commission of a DUI, and the operating of a motor vehicle is a significant contributor to the cause to the death, then you are guilty of a felony.
As per the negligence law Idaho, your maximum penalty would be 15 years imprisonment and $15,000 fine.
- If you are in the commission of an unlawful act not amounting to felony, without gross negligence cause death of another, and the operating of a motor vehicle is a significant contributor to the cause to the death, then you are guilty of a misdemeanor.
You will serve a maximum of one year in jail and pay $2,000 fine.
In all three cases, as per law, your license will be suspended for a time determined by the court.