How Is Fault Determined in a Wyoming Car Accident?

Before any person involved in a Wyoming car accident receives compensation, it must be established who is responsible for causing the accident. But evaluating fault in a car crash is not always easy. For drivers in Wyoming, understanding how fault is determined in a car accident is essential.

Wyoming Modified Comparative Fault System — Understanding the Basics

Fault is a key part of seeking compensation after a car accident in Wyoming primarily because of the state’s modified comparative fault law.

When a Wyoming car accident appears to be the fault of more than just one person, each at-fault party’s contribution to the overall crash must be decided. This is because the amount of fault attributed to a specific person determines how much — if anything — that person can recover.

Under Wyoming’s modified comparative fault system, a person seeking to recover damages following a car crash cannot be 50% or more responsible for causing the crash. If you are even a fraction over 50% responsible, you may not be able to recover any damages from any other party involved in the crash.

On the other hand, if you are less than 50% responsible for the accident, then any recovery you receive will be reduced in proportion to your responsibility. For example, if you were found to be 30% responsible for causing an accident, any compensation award you would otherwise be entitled to receive would be reduced by 30%.

Factors Considered in Determining Fault for Car Accidents

Traffic accident fault determination requires car accident lawyers and courts to consider various factors. These factors include:

• The final resting position of the vehicles
• The location of any damage on the vehicles
• Recollections of drivers and passengers involved in the crash
• Eyewitness statements
• Physical evidence at the scene, such as skid marks on the road
• Whether one driver was issued traffic citations for law violations

All of this and other evidence may be considered by trained law enforcement officers or accident reconstruction experts. If so, any reports these professionals produce with their findings would also bear on the question of fault.

Wyoming’s Relevant Laws and Regulations

Wyoming Statutes Section 1-1-109 describes how comparative fault works in Wyoming. Specifically, this statute holds that every defendant in a civil action, such as a car accident lawsuit, is only responsible for their share of the damages based on their percentage of fault.

This means that if a defendant’s actions are 60% to blame for a crash, then that defendant is only liable for 60% of the damages related to the crash.

This statute also holds that an injured plaintiff can recover damages as long as they are not the primary person responsible for the crash. If the plaintiff’s actions are more than 50% responsible for causing the crash, then that plaintiff cannot recover any damages.

Otherwise, any liability the injured person has in causing the crash will reduce the amount of damages they receive. The greater the amount of fault the plaintiff bears in causing the crash, the less compensation they can expect to receive.

The Role of Police Reports and Witness Testimonials

Police reports and witness statements from objective observers who saw the accident happen are two of the most important pieces of evidence in determining fault.

Disinterested witnesses who saw the crash are seen as not having any incentive to favor one party or the other and thus can be relied upon to give a more accurate report about how an accident happened than an involved party.

In determining how credible a witness is, courts will consider:

• The witness’s age, health, and general ability to perceive events
• Where the witness was in relation to the crash
• Whether any obstacles were blocking the witness’s view
• How closely the witness’s recollection matches other accounts and evidence

In a similar way, police reports are written by trained law enforcement officers who look at the crash scene, interview witnesses, and form opinions as to the cause of the crash. While courts generally give considerable weight to these reports, their value depends on how well the report takes into account all available evidence.

Advocating for Your Rights in Wyoming Car Accident Cases

For these reasons, even if you are confident that another driver is responsible for causing the crash, it can be immensely helpful to have a car accident lawyer represent you in your claim. Where at-fault parties and their insurers cannot escape liability completely, a common tactic is to attempt to reduce the amount of compensation they must pay.

Your car accident lawyer can investigate your case and work to ensure that your claim is decided based on an accurate picture of how the crash happened. This ensures you get the compensation you deserve.

FAQs About Fault in Wyoming Car Accidents

How Is Fault Determined in a Car Accident?

Courts, attorneys, and insurance companies all try to examine available evidence and witness statements to decide who is responsible for a crash. Whenever possible, all evidence needs to be accounted for in determining who played what role in the accident.

Can I Recover Damages if I Am at Fault?

Yes, under Wyoming law, you can still recover damages if you share fault, as long as you are not 50% or more responsible for the crash.

What If Multiple People Are Responsible for My Wyoming Car Accident?

Each defendant is only responsible for the proportion of damage they cause. Every person whose actions contributed to your injury should be sued so that you recover the full amount of damages to which you are entitled.

Trust The Spence Law Firm With Your Case Today

If you or a loved one has been injured in a Wyoming car accident, The Spence Law Firm can help you pursue the compensation you deserve. Our award-winning Wyoming car accident lawyers have recovered more than a billion dollars in verdicts and settlements nationwide, and no opponent is too big for us to take on.

Contact The Spence Law Firm to schedule your consultation today.