Idaho Law Blog

BICYCLIST HIT IN AMERICAN FALLS

Published on: December 1, 2025 | by Racine Olson

On November 21^st, a vehicle struck a bicycle in American Falls at approximately 8:20 p.m. The accident took place at the intersection of Hillcrest Ave and Pocatello Ave.

At the time of the accident, a 52-year-old woman from American Falls was riding her bicycle westbound across the intersection, when she was struck by a vehicle. The driver, a juvenile, was traveling south on Hillcrest Ave in a blue 2005 Lexus RX. The driver failed to yield to the bike in the intersection and struck the cyclist.

The cyclist was not wearing a helmet at the time, and following the collision she was transported to a hospital by ground ambulance. The juvenile driver sustained no injuries.

PROPERTY EXEMPT FROM COLLECTION – UPDATED

Published on: November 25, 2025 | by Racine Olson

By Stephen J. Muhonen, Creditor’s Rights / Collections Attorney, Racine Olson, PLLP

I was looking up something the other day on the internet when I came across my blog dated January 23, 2020. I took a minute to look at it and immediately noticed some of the exemptions have changed over the course of the last five years. The following is an updated itemization of property exempt from creditors whom are attempting to collect on judgments they have obtained against debtors.

Prior to commencing legal action against a debtor, one of the first things I discuss with new clients is whether the debtor has any assets that can be collected upon. In my opinion, an attorney taking on a new client in this circumstance, without initially exploring collection opportunities or options, is performing a great dis-service to the client. The client came to the attorney with the hope of being paid that for which they are entitled. If a lawsuit is filed and all that is obtained is a “toilet-paper” judgment (the judgment is worthless because there is nothing to be had), then what has the client gained? Now of course I realize and recognize that sometimes the collectability of a pursued judgment cannot always be readily discovered, but there should at least be some attempt to see if collection or recovery is even going to be a possibility.

HEAD ON COLLISION IN ELMORE COUNTY RESULTS IN FATALITY

Published on: November 10, 2025 | by Racine Olson

Idaho State Police are continuing an investigation of a vehicle collision that took place over the weekend, on Saturday November 8^th. The initial investigation has determined that two vehicles, a white Ram Dually pickup hauling a travel trailer, and a tan 1995 Chevrolet Silverado, collided head on near milepost 110, on I 84.

At approximately 2:12 p.m., the 55-year-old male driver of the Ram was traveling eastbound when for unknown reasons, he veered over the center line and into the westbound lane. He collided head on with the driver of the second vehicle, a 29-year-old man from Garden City, Idaho. Following the collision, both vehicles became fully engulfed.

Tragically, the 29-year-old man succumbed to his injuries before emergency personnel arrived at the scene. The 55-year-old man, from Canton, Texas, sustained severe injuries and was transported via air ambulance to a large hospital to receive treatment.

VEHICLE AND SEMI TRUCK CRASH NEAR FORT HALL CAUSES TWO FATALITIES

Published on: November 10, 2025 | by Racine Olson

Idaho state police are continuing to investigate a vehicle collision that occurred outside of Fort Hall, Idaho. The accident occurred on October 21^st, on northbound I 15, at approximately 8:05 p.m. The first vehicle, a Peterbilt Semi, was being driven by a 75-year-old man from McCammon, and the second vehicle, a Ford F450 pickup, was driven by a 42-year-old man from Rupert, with a 44-year-old male passenger from Paul.

At the time of the accident both the first and second vehicles were headed northbound on I 15. When they reached mile 77, for unknown reasons, the vehicles collided. Following the collision, the Ford was found off the roadway, overturned. Both the driver and passenger of the Ford were not wearing seatbelts at the time, and succumbed to their injuries before emergency personnel arrived. The driver of the semi was uninjured.

We are sorry to hear about this accident and the loss of these two men. We send our deepest condolences to their friends and family.

TWO VEHCILE CRASH IN CANYON COUNTY RESULTS IN FATALITY

Published on: October 24, 2025 | by Racine Olson

Idaho State Police are continuing to investigate a vehicle collision that took place on October 17^th, at approximately 4:15 p.m. The accident occurred near Wilder, at the intersection of Rodeo Lane and Dixie Road.

At the time of the accident, the first vehicle, a 78-year-old woman from Wilder driving a 2014 Chevy Impala, was traveling south on Rodeo Ln. As she entered the intersection, she was struck by the second vehicle, a 2012 Jeep Cherokee driven by a 50-year-old woman from Parma, who had failed to stop at the intersection. The Cherokee struck the side of the Impala, causing it to overturn and land off the roadway.

Following the accident, the driver of the Impala sustained severe injuries and passed away at the scene. The driver of the Cherokee was transported to a local hospital to receive treatment for her less severe injuries.

ACCIDENT IN BONNEVILLE COUNTY RESULTS IN FATALITY

Published on: October 24, 2025 | by Racine Olson

Idaho State Police are continuing their investigation into a vehicle accident that occurred on Monday October 6^th. The accident took place west of Swan Valley, at mile 365 on US 26.

At approximately 6:55 a.m., the first vehicle, a 2010 Volkswagen CC driven by a 30-year-old man from Idaho Falls was heading eastbound, when visibility on the roadway became very poor due to a thick fog. As he traveled, he struck a cow on the roadway. His vehicle came to rest in the lanes. Shortly after, another vehicle, a 2019 Ram 2500 pickup, came upon the stopped vehicle as he was traveling east. He was unable to stop in time to avoid the vehicle, and he collided directly with the Volkswagen.

The force of the impact was too great, and the driver of the Volkswagen succumbed to his injuries immediately. The driver of the Ram did not sustain any injuries.

CLAIM AND DELIVERY / JUDICIAL REPOSSESSION OF PERSONAL PROPERTY

Published on: October 17, 2025 | by Racine Olson

OBTAINING A WRIT OF POSSESSION

Secured creditors have options in taking possession of personal property collateral after default by the debtor. As detailed in Idaho Code §28-9-609, a secured party may do self-help, if it proceeds without breach of the peace, or it may proceed to obtain the property through judicial process. In the judicial process option, Idaho Code §8-301 allows creditors to claim delivery of the collateral prior to trial. Also, take a look at Idaho Code §8-302. This statute provides if a creditor wants possession of the collateral, in its Verified Complaint or affidavit, it must show its entitlement to the property by satisfying various factors as detailed within the statute. If the court, following its review of the affidavit or Verified Complaint, is satisfied that the requirements of the statute have been met, it shall issue an Order to Show Cause, essentially scheduling a hearing where the debtor can contest the delivery of the property to the plaintiff/creditor.

Prior to the hearing, the court may issue a writ of possession if probable cause appears that the debtor and/or defendant obtained the property by larceny, or the property consists of negotiable instruments or credit cards, or the property is perishable, or in immediate danger of destruction, or serious harm, or concealment, or removal from the state, or of sale to an innocent purchaser. If the writ of possession is not issued prior to the hearing, at the hearing, the court shall consider the showing made by the parties appearing and make a preliminary determination which party, with reasonable probability, is entitled to possession, use and disposition of the property. If the court determines it proper, it shall direct the issuance of a writ of possession.

INDIVIDUAL LIFE-FLIGHTED AFTER TWO VEHICLE COLLISION ON US 30

Published on: October 10, 2025 | by Racine Olson

Thursday, October 2^nd, two vehicles collided on US highway 30, in Bannock County, east of McCammon. The accident took place at approximately 10:13 p.m., near East Price Road.

The first vehicle, a 2025 Toyota Sienna, was traveling westbound when the 58-year-old female driver, from China, attempted to make a left-hand turn onto East Price Road. As she began to turn, her and her 59-year-old male passenger, also from China, were struck by an oncoming vehicle. The second vehicle, a 2008 Ford F150 driven by a 55-year-old man from Washington, was traveling eastbound when it collided with the Toyota.

Following the accident, the male passenger of the Toyota was urgently transported to a large hospital via air ambulance. No report has been given on the condition of the other two drivers.

FATALITY ACCIDENT NEAR JEROME IDAHO

Published on: October 8, 2025 | by Racine Olson

On September 30^th, a vehicle collision occurred at approximately 9:30 p.m. at the intersection of US 93 and E 200 N. The accident involved two vehicles, a 2015 Ram 2500 pickup truck, and a 2022 Subaru Crosstrek.

At the time of the accident, the driver of the Ram, a 56-year-old man with a 51-year-old female passenger, was traveling southbound on US 93. Both the driver and passenger were from Jerome. Following unknown events, the Ram and the Subaru collided head on, near the intersection. The driver of the Subaru, a 46-year-old woman from Richfield, who had been traveling northbound at the time, was not wearing a seatbelt at the time of the collision, and she succumbed to her injuries immediately. Upon the arrival of emergency personnel, both the driver and passenger of the Ram were transported via ground ambulance to a local hospital.

We are so sorry to hear about this accident and the loss of this woman. We send our deepest condolences to her loved ones at this time. We also hope that the injured individuals will be able to make a full and speedy recovery.

HEAD ON COLLISION NEAR TWIN LAKES

Published on: October 3, 2025 | by Racine Olson

Kootenai County- Idaho State Police are continuing their investigation on a two-vehicle collision that took place on September 17^th, at the intersection of State Highway 41 and Nursery Lane.

At the time of the accident, the first vehicle, a 2005 Toyota Corolla, was traveling northbound. As she travelled, the driver, a 56-year-old woman from Blanchard, began to veer. She crossed the center line entering the southbound lane, where she struck an oncoming vehicle, a 2010 Dodge Pickup.

The driver of the pickup, a 45-year-old man from Priest River, did not sustain any critical injuries. The driver of the Carolla was injured, and was promptly transported to a local hospital via ground ambulance.