Idaho Accidents

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In Idaho, can the driver still blame me if my stroller was in the crosswalk when we got hit?

Yes. In Idaho, the driver can argue you were partly at fault, and your recovery can be reduced under Idaho's modified comparative negligence rule.

Idaho follows a 50% bar. That means you can recover damages only if you were less than 50% at fault. If you were 50% or more responsible, you recover nothing. If you were, for example, 20% at fault, your compensation is reduced by 20%.

In a stroller crash, fault usually turns on basic right-of-way facts. A driver may still be primarily responsible if they failed to yield in a marked crosswalk, were speeding, turned without looking, or were distracted. But the insurance company may try to shift blame to you by saying you:

  • crossed outside the crosswalk
  • entered against the signal
  • pushed the stroller out suddenly
  • were hard to see because of darkness, weather, or parked cars
  • were looking at a phone and not watching traffic

Police reports matter, but they do not decide the case by themselves. Fault is often built from witness statements, traffic camera or nearby business video, vehicle damage, skid marks, scene photos, and whether the intersection had signals or marked crosswalk lines.

If the child in the stroller was injured, the driver generally cannot avoid liability by blaming the child. The dispute is usually about the adult pedestrian's actions and the driver's conduct.

For a car crash injury claim in Idaho, the general deadline to file a lawsuit is 2 years under Idaho's personal injury statute of limitations. If the at-fault vehicle was owned by a city, county, or other government agency, a separate Idaho Tort Claims Act notice deadline can apply much sooner, often 180 days.

by Rachel Gutierrez on 2026-03-21

Nothing on this page should be taken as legal advice — it's general information that may not apply to your specific case. If you've been hurt, a lawyer can tell you where you actually stand.

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