If you’ve been injured in an accident in Wyoming, you may be wondering: Can I recover compensation if the accident was partially my fault? These are common and important questions. In many accidents, more than one person shares responsibility. That doesn’t necessarily mean you’re not entitled to recover damages.
Wyoming uses a legal rule called comparative negligence, which affects how much compensation you can receive based on your share of fault. However, the way this rule works can be confusing, and in some cases, it can be the difference between a fair recovery and walking away with nothing.
At Olson Personal Injury Lawyers, we know how overwhelming this process can feel. If you’ve been injured due to someone else’s negligence, knowing your rights and how fault is determined can make all the difference in securing the compensation you deserve. Contact our Wyoming personal injury lawyers today.
What Is Comparative Negligence?
Comparative negligence is a legal principle used to determine how damages are allocated when more than one party is at fault for an accident or injury. In Wyoming, the law follows a modified comparative negligence rule. This means that if you are partially responsible for the accident that led to your injury, your compensation will be reduced based on your percentage of fault.
However, if you are found to be 51% or more at fault for the incident, you will be barred from receiving any compensation.
How Comparative Negligence Affects Your Case in Wyoming
Suppose you’re in a car accident, and the other driver is at fault, but you are also partially responsible, perhaps because you were speeding or distracted. Wyoming’s modified comparative negligence law allows you to recover damages, but the amount will be reduced by your percentage of fault.
For example, if you’re found to be 20% at fault for an accident and the total damages are $100,000, you would only be able to recover 80% of that amount, or $80,000. However, if you’re found to be 51% or more responsible, you are not entitled to any compensation under Wyoming law.
This makes it critical to have a legal team that will carefully investigate your case and defend against unfair blame.
Examples of Comparative Negligence in Personal Injury Cases
Understanding how comparative negligence works can be easier with real-world examples. Below are some common personal injury scenarios where more than one person may share fault, and how Wyoming’s law would affect the outcome:
- Car Accident Example: You’re rear-ended at a stoplight, but one of your brake lights was out. The other driver is clearly at fault for not stopping in time, but you may be found partially responsible for not maintaining your vehicle. If you’re deemed 10% at fault and the total damages are $50,000, you’d still be able to recover $45,000.
- Slip and Fall Example: You slip on a wet floor in a grocery store that had no warning signs. However, you were looking at your phone and not watching where you were walking. The store may be mostly responsible, but your distraction could assign you 20% of the fault. If your damages are $100,000, you could still recover $80,000.
- Pedestrian Accident Example: You’re hit by a car while crossing the street outside a marked crosswalk. The driver was speeding and not paying attention, but jaywalking could place some of the blame on you. If you’re found to be 40% at fault, your compensation would be reduced by that percentage, but you would still receive a portion of your damages.
In all of these situations, what matters most is how fault is assigned, and insurance companies will often try to shift as much blame onto you as possible to protect their bottom line. Every case is different, so that’s why it’s critical to have a skilled legal team that can protect your rights and push back against unfair blame.
A serious injury can impact your health, work, and future. We’re here to hold the responsible party accountable and get you the compensation you deserve.
Why Wyoming's Comparative Negligence Matters for Injury Victims
At Olson Personal Injury Lawyers, we understand that even a small percentage of fault can significantly impact the amount you can recover. Even a small percentage of fault can significantly impact your recovery. Wyoming’s roads, especially in winter, can be unpredictable, and many accidents involve shared fault.
Attorney Sean Olson and his team will thoroughly investigate the circumstances of your accident to ensure that fault is fairly assigned. We are committed to maximizing your compensation and fighting for your rights, regardless of the complexity of your case. We prepare every case as if it’s going to trial, ensuring that we are fully equipped to advocate for you.
The Importance of Professional Legal Help After an Accident
Comparative negligence can be a complex and nuanced area of law. The insurance company or opposing party may try to assign blame to you in order to reduce their liability, even if you were only minimally at fault. This is where our team’s expertise can make a difference.
Olson Personal Injury Lawyers has the experience and resources to combat any attempts to minimize your compensation. From investigating the accident scene to gathering witness statements and expert opinions, we leave no stone unturned. Our team will fight to ensure that your case is handled with the attention and care it deserves.
Let Our Personal Injury Attorneys Handle Your Accident Claim
When you’re dealing with the aftermath of a serious injury, you need a law firm that is dedicated to fighting for justice and fair compensation. At Olson Personal Injury Lawyers, we approach every case with a client-centered mindset, treating every client like family. We understand the pain and stress that come with personal injury cases, which is why we offer compassionate, transparent, and trial-ready advocacy.
If you’ve been injured in Wyoming, let our team guide you through the legal complexities of comparative negligence and ensure you get the compensation you need to rebuild your life.
Contact us today to speak with one of our experienced attorneys. We’re here to help you every step of the way.
