Wyoming Car Accident Laws

If you've been injured or had your vehicle damaged after any kind of traffic accident in Wyoming, there are a number of state laws that could have a big impact on any car accident claim you decide to make, including:

• the four-year deadline for filing most car accident lawsuits in Wyoming's civil court system, and
• Wyoming's "modified comparative fault" rule, which allows you to collect compensation from others only if you were 50 percent or less responsible for causing the accident.

What Is the Wyoming Statute of Limitations for Car Accident Lawsuits?

A "statute of limitations" is a state law that sets a strict time limit on your right to bring a lawsuit to court.

In Wyoming, lawsuits over car accident injuries or damage to a vehicle or other property are subject to a four-year deadline, set by Wyoming Statutes section 1-3-105. That means if anyone was hurt in the crash—whether a driver, passenger, motorcyclist, bicyclist, electric scooter rider, or pedestrian—or had their vehicle or other personal property damaged, they must get their lawsuit filed against any potential defendant within four years, and the clock starts running on the date of the accident.

The Wyoming Statute of Limitations for Wrongful Death Lawsuits After a Car Accident

A two-year lawsuit filing deadline applies if the car accident caused someone's death, and a representative of the deceased's estate wants to bring a wrongful death claim. That deadline is set by Wyoming Statutes Annotated section 1-38-102. And for these cases, the two-year "clock" starts running on the day of the accident victim's death, which could be later than the date of the accident itself.

What Happens If You Miss the Statute of Limitations Deadline in Wyoming?

It's crucial to understand and abide by the statute of limitations as it applies to your situation. That's because if you try to file your lawsuit after the statute of limitations deadline has already passed, the defendant is sure to ask the court to dismiss the case, and the court is very likely to agree that a dismissal is appropriate.

Does the Statute of Limitations Apply to Car Insurance Claims?

No, the statute of limitations doesn't apply to a car insurance claim. Any insurance company, whether your own or the other driver's, is going to require you to make a claim—or at least give the insurer notice of an incident that could trigger a claim—"promptly" or "within a reasonable time" after the accident. That usually means a matter of days, or a few weeks at most.

Even if you're confident that your case will be resolved through the car insurance claim process, you'll want to leave yourself plenty of time to file a lawsuit in case you need to—if for no other reason than that you'll have more leverage during settlement talks.

What If I'm Partly At Fault For a Wyoming Car Accident?

Suppose you're seriously injured in a Wyoming car accident, and you take your case to court. The jury, after hearing all the evidence, decides that the other driver was responsible for the accident—but that you too bear part of the blame. What happens next? How does this verdict affect your right to compensation?

Under Wyoming Statutes section 1-1-109, the state follows a modified "comparative negligence" rule. This means you can still recover damages in a car-accident-related lawsuit, but your award will be reduced according to your share of negligence—as long as your share of liability "is not more than fifty percent (50%) of the total fault of all actors." You can't be more than 50 percent responsible when compared with other parties in the case, in other words. If you are, you can't receive any compensation in court.

For instance, suppose that the jury determines that your injuries, pain and suffering, and other losses total $10,000. However, the jury also thinks that you were ten percent responsible for the crash. In that situation, the total amount of your damages, $10,000, is reduced by ten percent, or $1,000, leaving you with a total award of $9,000.

The comparative negligence rule binds Wyoming judges and juries (if your car accident case winds its way to trial), and it will also guide a car insurance claims adjuster when he or she is evaluating your case. Also keep in mind that since there is no empirical means of allocating fault, any assignment of liability will ultimately come down to your ability to negotiate with a claims adjuster or to persuade a judge or jury.

Do I Need to Report a Car Accident in Wyoming?

Reporting obligations related to Wyoming car accidents are covered in Wyoming Statutes section 31-5-1105, which states that the driver of any vehicle involved in an accident resulting in:

• injury or death, or
• property damage "to an apparent extent of at least $1,000," or
• the disabling of any vehicle

...must "by the quickest means of communication" (i.e. a cellphone call) give notice of the accident to:

• the local police department (if the accident occurred within a municipality, or
• to the nearest office of the state highway patrol or county sheriff.

Wyoming Car Insurance Requirements

In almost every Wyoming car accident scenario, insurance coverage is sure to play a key role, so it's important to understand the state's liability auto insurance requirements and other coverage rules that could affect your car accident claim. Get the details on Wyoming's car insurance rules.

What's Next?

If you're looking for legal advice that's tailored to your situation, talk to a Wyoming car accident attorney in your area. You can also learn more about making a car accident claim and what to expect from the process:

• Steps to Take After a Car Accident
• Car Accident Evidence to Gather
• Starting a Car Accident Injury Claim
• Will My Car Accident Claim End In a Settlement?
• What to Expect When Meeting With a Car Accident Attorney