Wyoming Negligence Laws
Imagine you were driving through Laramie as a passenger in a car that tried to beat a red light through an intersection. But a driver turned across your lane and smashed into the car you were riding in. Who is at fault for your injuries, and do you have a legal claim based on negligence? How do negligence cases work, and what laws does the Cowboy State have regarding who is responsible for your injuries? This is a brief summary of negligence laws in Wyoming.
General Negligence Law
Negligence, as a legal matter, tries to determine whether a person has a duty of care to another, and whether he or she failed in fulfilling that duty. If so, he or she may be liable for any resulting injuries. Taking the above example, if Christine is driving you to work and she collides with Peter’s car turning left, she might be held liable for negligence. In Wyoming, Peter may also be liable under a doctrine known as “contributory negligence.”
The concept of contributory negligence, however, could bar recovery in a negligence claim if the defendant was also responsible for his or her injuries. In Wyoming, contributory fault does not bar recovery if fault is not more than 50% of the total fault of all actors.Negligence Laws in Wyoming
State negligence laws vary significantly based on the civil justice system in that jurisdiction. The basics of negligence laws in Wyoming are listed below.
|Contributory Negligence-Limit to Plaintiff's Recovery||Contributory fault shall not bar recovery if fault is not more than 50% of the total fault of all actors. Damages diminished in proportion to the amount of fault attributable to claimant.|
|Contribution Among Tortfeasors||No|
Elements of a Negligence Case
There are several elements of a negligence case you must prove in court in order for your negligence claim to be successful:
- Duty: the other party owed you a duty of care;
- Breach of Duty: the other party failed to meet that duty;
- Cause in Fact: but for the other party’s failure, you would not have been injured;
- Proximate Cause: the other party’s failure (and not something else) caused your injury; and
- Damages: you have actually been injured and suffered some loss.
Wyoming Negligence Laws: Related Resources
Negligence law is complicated, and Wyoming's laws can penalize you if you are at fault for an accident. You can visit FindLaw's section on Negligence for more resources and information on this topic.
Who Can You Turn To? Get a Claim Review
Negligence law is complicated, and Wyoming's laws can penalize you if you are at fault for an accident. In fact, even if you weren't at fault, the other party may try to argue that you were to prevent you from recovering any money for your injuries. That's why it's important to have an experienced Wyoming personal injury lawyer in your corner. Contact one today for a review of your case.
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