Articles Posted in Personal Injury

By Patrick N. George

How many of us have ever gotten up on a work day and thought to ourselves, “I just want to stay in bed”?  How many of us on a weekend have spent the day lounging around, whether in bed or a recliner in front of the TV?  Occasionally, this indulgence is a wonderful refresher.  However, being confined to a bed or recliner can result in serious injury.

You have no doubt been to a nursing home and noticed that some of the patients are confined to their bed.  The caregivers in these institutions must be aware of the danger of decubitus ulcers on these fragile patients.  These ulcers are commonly knowns as “bed sores” and are much easier to prevent than to cure.  In fact, every year people pass away due to infections from bed sores that never get treated properly.  A bed sore usually occurs over an area where the bone is close to the surface.  This causes pressure on the skill from both the bone and the outside environment.

ISP cautions drivers across southwest Idaho to be aware of an increased number of deer and elk near highways and along I-84.  The harsh winter conditions have driven wildlife closer to populated, well-traveled areas of the state.

Nationally, deer collisions are the cause of an estimated 1.23 million collisions per year, 200 deaths and $4 billion in damages each year.  Drivers should be alert and scan the road for deer, elk and other danger signs.

In Idaho, thanks to the safety programs implemented by ITD and the Office of Highway Safety, deer collisions are on the decline.   All drivers should keep in mind the following facts regarding deer and other wildlife: they are unpredictable; move in herds (if you see one, watch for others), dusk and dawn present the high-risk times, and they are present on all roads.

By Patrick N. George

Although we don’t really consider the kidneys when in a car accident, these small organs located in the small of a person’s back are vital to our welfare. Kidneys are pretty well protected since due to layers of muscle as well as the rib cage, but they can be injured in an automobile accident. When a kidney in injured, it can have terrible implications for a person due to the number of functions a kidney performs.

Trauma

On Friday, January 27, 2017, a two-vehicle crash occurred on State Highway 19 at Allendale Road in Canyon County resulting in a fatality. ISP continues its investigation of this crash.

Twenty year-old Ismael Fernandez of Wilder was traveling westbound on the state highway when he crossed the center line and struck a Freightliner hauling two trailers loaded with beets. The Freightliner jackknifed and the second trailer overturned onto its side.

Fernandez, who was wearing a seat belt, was ejected from his SUV and transported to St. Alphonsus Medical Center in Boise where he succumbed to his injuries. It is still unknown what made Fernandez’s vehicle cross the center line.

ITD’s Office of Highway Safety Encourages Agencies to Apply for Safety Grants

The National Highway Traffic Safety Administration (NHTSA) is offering grants for safety improvements through February 17, 2017. The NHTSA funding supports safety programs regarding safety restraint use, distracted driving, impaired driving, aggressive driving, youthful drivers, roadway safety and other problem areas.

NHTSA reports that from 2011 through 2015, traffic crashes were the leading cause of unintentional injury deaths for Idahoans aged 1 to 34 years. The statistics indicate that a traffic crash occurred every 22 minutes, a person was killed every 40 hours, and another was injured every 40 minutes in 2015.

ISP is seeking the public’s help in identifying a driver who contributed to a single vehicle crash on Wednesday, January 18, 2017 at approximately 9:40 a.m. The injury crash occurred on northbound I-15 at mile marker 116.6 near Idaho Falls. ISP reports that a 24 year old female was driving a 2006 Volvo passenger car on the northbound interstate. An unidentified black vehicle traveling in front of the Volvo braked abruptly and made an illegal U-turn in the emergency crossover. The driver lost control of her Volvo while trying to avoid a collision and rolled onto the right shoulder. She was transported to a local medical center by ambulance with unknown injuries.

ISP requests any witnesses to this accident to contact dispatch by calling 208-525-7277. Assistance in identifying the driver of the black vehicle is necessary. The crash remains under investigation.

A reminder to motorists was issued by the ISP that the crossovers in the median on highways and interstates are for use by authorized and emergency vehicles only. That includes making U-turns. The crossovers are used by emergency and law enforcement crews to gain access to accidents and emergency scenes and also to patrol traffic. Any usage, even by those authorized to do so, must be done in a safe manner so that the public’s safety is not jeopardized.

Winter storms bringing record amounts of snowfall, sub-zero temperatures, freezing rain and rain have caused hundreds of slide-offs and accidents across the Treasure Valley and the state.  Travel advisories and warnings were issued by the National Weather Service cautioning motorists to remain off the roadways if possible.

Several city mayors throughout the Treasure Valley including Boise, Eagle, Meridian, Nampa and Caldwell declared their respective cities a state of emergency.  Schools have remained closed for several days due to snow and ice on the roads and streets.  ACHD, ITD and county and city crews have worked tirelessly to keep up with snow removal on major arteries and highly traveled roads.  Soldiers of the Idaho National Guard stepped in to assist with snow removal in local neighborhoods in Ada County since agencies were overwhelmed.

A single vehicle accident was reported Tuesday, January 10, 2017 on the I-84 connector near the Franklin Road overpass that left a Toyota Sequoia dangling against the guardrail, nearly rolling off onto the roadway below.  Traffic was snarled both directions of the interstate due to an early morning snowfall and ice-covered pavement which had accumulated overnight due to a drop in temperatures.  Another crash on Tuesday on westbound I-84 near the Eagle off ramp blocked lanes of travel causing delays.

By Patrick N. George

Recently a Chicago varsity high school player was killed when he struck his head on the ground even though he was wearing a helmet. A lawsuit was filed against the school board and the helmet manufacturer who, ironically, also makes helmets for the National Football League. The lawsuit claimed that both the school and the manufacturer had failed to take the necessary steps to make sure that the helmet the young man was wearing would function properly during normal and expected use on the football field.

The helmet manufacturer is named Riddell and is well known throughout the country. It has been making sports equipment in Illinois since 1929 and helmets have been constructed by it for decades. The helmets have air bladders that if they are not inflated properly can be unreasonably dangerous to the user. The lawsuit claimed that this was the problem in this case and led to the death of this young man. In addition, the lawsuit claims that there was a failure to properly warn users of this risk. Although this writer has not researched this particular issue, it is reported that Riddell is facing similar claims across the country from professional players and the failure to warn them of these possible risks.

A seven-mile stretch of I-84 between Nampa and Caldwell sustained significant damage due to winter storms and harsh weather conditions.  Large potholes formed on both eastbound and westbound lanes causing accidents and serious property damage to vehicles.  Vehicles sustained damage when they struck the potholes.  Some went out of control and collided with other vehicles.  The reported property damage included flattened tires, damaged rims and other serious types of damage, including injuries.

Potholes form after snow or rain seep into the soil under the roadway.  With extremely cold temperatures, a few days of warmer weather, then the return of freezing and below temperatures, moisture formed below the pavement that caused the ground to expand, pushing the pavement up.  A cavity then forms between the pavement and ground below it as the temperatures fluctuate.    I-84 has a large volume of semi-truck and heavy vehicle traffic that travels on it each day.  When vehicles drive over the formed cavity, the pavement cracks and gives way into the hollow space and a pothole forms.

Recognizing the safety hazards created, ITD crews have been making temporary repairs to the roadway.  Exit ramps were blocked, lanes closed and speeds reduced to allow the repairs.  This stretch of I-84 was scheduled to be resurfaced in 2018; however, the damage has caused ITD to advance their plans to an earlier date.  The long term improvement project is budgeted for $15 million.

Traffic safety affects people on the roadways, the shoulders of the road, sidewalks, and crosswalks. It does not simply concern those who are driving. Bicyclists and pedestrians are using roadways in ever increasing numbers. Accidents affect all of those who occupy the roadway including drivers, passengers, pedestrians, runners, joggers, and cyclists. As traffic increases more and more interactions are had between cars, buses, trucks, and cyclists and pedestrians.

The Centers for Disease Control and Prevention indicate that more than 150,000 pedestrians were treated in emergency rooms in 2013 for nonfatal injuries in automobile-pedestrian crashes and approximately 4,735 pedestrians were killed in these same types of accidents. Think of what that means on a daily basis with regard to these types of devastating accidents. 410 pedestrians were hurt every day in 2013 one died about every two hours.

When you consider these accidents, it is obvious that someone was at fault in nearly every one of them. If the driver was at fault, an innocent pedestrian likely suffered catastrophic injuries due to the driver’s carelessness. These accidents can be prevented and avoided if all those involved  the take the time to make safety a priority.