When a family loses a loved one in an accident, questions about fault can add another layer of uncertainty. One question families may face is: Can a wrongful death claim still be pursued if their loved one was partially at fault or contributed to the accident?
In Wyoming, partial fault does not automatically prevent a wrongful death claim. Wyoming’s comparative fault law can affect the compensation available based on the fault attributed to the claimant under the circumstances of the case. The way that rule applies depends on the circumstances of the accident, the actions of each party, and the available evidence.
When another party claims that the deceased contributed to an accident, determining what actually happened becomes critical. This article explains how Wyoming’s comparative fault rules apply to wrongful death claims, what happens when liability is disputed, and how evidence can help establish each party’s role.
How Does Wyoming’s Comparative Fault Law Affect a Wrongful Death Claim?
Wyoming’s comparative fault law, W.S. § 1-1-109, applies to wrongful death actions. Under the statute, contributory fault does not bar recovery when the claimant’s fault is 50% or less of the total fault of all actors. Any damages allowed are reduced in proportion to the claimant’s share of fault. If the claimant’s fault is more than 50%, the statute bars recovery.
The statute requires the total damages and the percentage of fault attributable to each actor to be determined. The court then reduces the damages according to the claimant’s percentage of fault, if any.
The Wyoming Supreme Court’s 2026 decision in Bunning v. Romero provides a clear example of the law in practice. Although Bunning was not a wrongful death case, both drivers were found at fault for the collision, and the plaintiff’s assigned share of fault was high enough to bar recovery. The decision illustrates how Wyoming courts apply W.S. § 1-1-109 when responsibility for an accident is shared.
What Happens When More Than One Person or Company May Be at Fault?
A fatal accident does not always have a single cause. Depending on the circumstances, multiple people, businesses, property owners, manufacturers, employers, or other entities may have contributed to what happened.
A claim that someone was at fault does not, by itself, establish how responsibility should be divided.
Questions that may help identify contributing factors include:
- What happened immediately before the accident?
- What actions did each person take?
- Did another person or entity contribute to the accident?
- Were safety issues, environmental conditions, or other factors involved?
- What evidence supports each party’s account?
Whether a loved one’s actions contributed to an accident may be one of the factors considered when determining how responsibility is allocated under Wyoming law.
How Is Fault Determined When the Person Who Died Cannot Tell Their Side of the Story?
When the person at the center of an accident is no longer available to explain what happened, other sources of information can become particularly important.
Evidence may include:
- Accident reports and official records
- Witness statements and testimony
- Photographs and video
- Physical evidence from the accident scene
- Vehicle, equipment, or other relevant data
- Medical, employment, or safety records, when applicable
- Accident reconstruction or other technical analysis
Different types of evidence can answer different questions about responsibility. Witness testimony may provide information about what occurred before or during an accident, while photographs, video, physical evidence, and vehicle or equipment data may help establish the sequence of events. Employment, maintenance, or safety records may also reveal whether another party failed to follow required procedures or address a known hazard.
In cases involving technical questions, accident reconstruction by an engineer or other specialized analysis may help determine how an accident occurred and whether the physical evidence supports the accounts provided by the parties or witnesses.
The goal is to establish the facts from the available evidence rather than rely solely on competing allegations about who was responsible.
Why Can a Thorough Investigation Matter When Fault Is Disputed?
A thorough investigation can help determine whether claims about the deceased’s role in an accident are supported by the facts.
An investigation may involve:
- Preserving relevant records
- Identifying and interviewing witnesses
- Examining physical evidence
- Reviewing vehicle, equipment, or other available data
- Obtaining accident reconstruction or other expert analysis
These steps can help establish the circumstances of the accident, identify the parties who may have contributed to the death, and provide information relevant to the application of comparative fault under Wyoming law.
What Should You Do If Fault Is Disputed in a Wyoming Wrongful Death Case?
Partial fault does not automatically prevent a wrongful death claim in Wyoming, but comparative fault can affect whether compensation is available and, when it is, the amount that may be recovered. When another party claims that a deceased person caused or contributed to an accident, the allegation should be considered alongside the available evidence and Wyoming’s comparative fault law.
Cases involving disputed liability can require extensive investigation and careful attention to the evidence. The Fitzgerald Law Firm brings more than four decades of experience to serious personal injury and wrongful death cases. That experience includes handling cases resulting in the largest injury and wrongful death verdicts recorded by the Wyoming Supreme Court.
Ultimately, whether a wrongful death claim can be pursued when a loved one was partially at fault depends on the facts of the case and how Wyoming’s comparative fault law applies. If you have questions about whether partial fault may affect your family’s wrongful death claim, contact The Fitzgerald Law Firm to discuss your legal options.