Articles Posted in Personal Injury

BY BRENT O. ROCHE

Work Accidents and the Marek Decision – When Can Employees Sue Their Employers For Personal Injuries?

In its recent decision in Marek v. Hecla, Limited, the Idaho Supreme affirmed summary judgment in favor of the mine/employer and dismissed a wrongful death claim arising from the collapse of a portion of the Lucky Friday Mine in north Idaho. The collapse was investigated by the U.S. Mine Safety & Health Administration which found that the collapse occurred because of Hecla’s removal of a waste pillar inside the mine. MSHA specifically found that Hecla’s conduct in removing the pillar constituted more than ordinary negligence. Based on these findings, MSHA issued three citations to Hecla.

How often on a congested interstate do you hear sirens approaching, and then see the emergency lights approach from behind your vehicle? When an emergency vehicle approaches on a busy freeway, what should drivers do to respond in a safe and lawful manner?

Idaho Code §42-625 reads as follows: “(1) Upon the immediate approach of an authorized emergency or police vehicle making use of an audible or visible signal, meeting the requirements of section 49-623, Idaho Code, the driver of every other vehicle shall yield the right-of-way and immediately drive to a position parallel to, and as close as possible to, the nearest edge or curb of the highway lawful for parking and clear of any intersection, and stop and remain in that position until the authorized emergency or police vehicle has passed, except when otherwise directed by a peace officer.”

You must pull over and STOP even on the freeway, not just slow down. Even though it may be tough to pull to the right in traffic congestion, emergency personnel have been trained to stay to the left of traffic. If you are unable to pull to the right due to other vehicles, then stop and remain stopped until the emergency vehicle passes by. Dangerous situations can develop for you, other drivers, and the emergency personnel.

The Idaho State Police (ISP) report that a single-vehicle crash caused injuries to a 21 year-old driver on November 16, 2016 at approximately 3:30 p.m. The accident happened near the Franklin Road exit in Ada County.

A female from Kuna, who was driving a 2005 Toyota Scion, left the lane of travel while taking the exit, struck the left barrier, and then struck the right barrier. Her vehicle stopped in the lane of travel.

The 21year-old driver, who was wearing her seat belt, was taken to St. Alphonsus Regional Medical Center in Boise by ambulance. The Franklin Road exit was blocked for about 30 minutes following the accident. The crash is still under investigation by the ISP.

Jeffery Hiscox, a 19 year-old from Boise was killed in August when the vehicle in which he was a passenger was struck by a drunk driver, Orion Blumenfeld of Nampa. Blumenfeld hit the vehicle when its driver was attempting to turn onto Locust Lane. Hiscox was taken to St. Alphonsus Regional Medical Center where he died.

The ruling by Third Judicial District Judge Meienhofer includes 180 days of jail time of which 170 days are suspended, two years of supervised probation, $500 fine and suspension of his driver’s license for 180 days. Additionally, Blumenfeld cannot refuse a breathalyzer test, have any illegal substances or new crimes, given 50 hours of community service and must not consume alcohol in the next two years.

In 2015, the Idaho State Police made 1,089 arrests for DUIs, local agencies made 6,298 arrests for a total of 7,387 DUI arrests. The highest percentages of arrests were those in the 24 year-old to 29 year-old age range. 87 fatalities occurred in 2015 from drunk or impaired driving crashes. The Office of Highway Safety and the National Highway Traffic Safety Administration remind motorists to drive sober. If you have been drinking, leave your car parked and find an alternative method of transportation to arrive home safely and to protect other motorists.

The Idaho State Police (ISP) reports that a two-vehicle crash occurred Thursday, November 10, 2016 on westbound I-84 at milepost 56 near Broadway Avenue. A 24 year-old man, Matthew Martin from Ontario, Oregon was traveling in the westbound lane in a 2016 Toyota Corolla when he lost control of his vehicle and struck the guard rail. Martin’s vehicle came to rest in the center lane of travel. Martin was struck by a 2012 Freightliner commercial vehicle driven by Justin Dennis of Caldwell while he was standing next to his vehicle in the traffic lane.

Martin was transported by ambulance to St. Alphonsus Medical Center in Boise where he later died of his injuries. The lanes of travel on I-84 were blocked for approximately 5 ½ hours while law enforcement and emergency personnel investigated the accident scene.

An accident can become worse by actions taken immediately following a crash. Always keep safety in mind to prevent additional accidents or injuries. If possible, after a crash, pull over to a safe spot out of the lanes of traffic. If you are not able to do so, alert other drivers of the accident using your hazard lights or use cones or flares to direct traffic away from your disabled vehicle. It is advisable to have an emergency kit in your vehicle at all times with items such as flares, cones, warning triangles, flashlight or other types of useful equipment.

Studies conducted by the National Health Institute and other agencies show that accidents, particularly fatal accidents, increase during the time shifts for Daylight Savings Time (DST). On Sunday, November 6^th, Idahoans will turn their clocks back one hour giving us all an extra hour of sleep. That is a good thing right? However, data from decades of automobile crashes show that the number of accidents increase on the Sunday of the fall shift from DST. Researchers believe the anticipation of the extra daylight hour on this autumn Sunday leads to increased accidents since drivers become drowsy while staying out later than usual in the evening.

Drowsy Driving Prevention Week is November 6 – 13, 2016 which is an annual campaign sponsored by the National Sleep Foundation. Its goal is to educate the public regarding the risks of driving while sleep deprived. Surveys reveal that half of American adult drivers admit to driving while drowsy and 1 in 5 admit to falling asleep behind the wheel. Drowsiness and driving is a dangerous combination. Drowsiness doubles a motorist’s crash risk. Get a good night’s sleep, schedule regular stops, and pull over to take a short nap if you feel fatigued, not only for long trips, but also for shorter trips of an hour.

The end of DST also creates a more dangerous evening commute during the work week with darkness arriving sooner since the early dusk hours make it more difficult for motorists to see other vehicles and pedestrians and bicyclists in the roadway. Give yourself extra time to commute in the evening and slow down as dusk occurs to allow your eyesight to adjust to the changes.

A 63 year-old woman from Clayton, Idaho was killed on November 1, 2016 when her 1999 Subaru crossed the centerline of Highway 75 and struck a 2010 Kenworth pulling trailers hauling 10,000 gallons of diesel fuel. The Kenworth rolled, rupturing the fuel tanks. The trailers were fully engulfed. The North Custer Fire Department was able to contain the diesel spill; however, the fire burned for nearly five hours and the highway was closed until it was safe for travel.

The woman was not wearing a seat belt and died at the crash scene. The truck driver who was wearing a seat belt was able to exit the Kenworth without any injuries. The crash is still under investigation by the Idaho State Police. It is yet to be determined what caused the female driver to cross the centerline.

Studies conducted by traffic officials and behavioral experts indicate that performing a secondary task while driving is one of the riskiest actions. Diverting one’s attention away from safe driving to engage in competing tasks greatly increases the likelihood of a crash. Drivers report that they frequently use an electronic device, adjust the radio, talk to passengers, or eat while driving; cell phone use even among experienced drivers delays reaction time to potential hazards on the road.

By Patrick N. George

One of the reasons truck accidents happen is because of truck driver fatigue. Truck driving entails long, monotonous drives, weekly completion of working hours, and the ever present pressure to get loads to docks. It is little wonder that most drivers experience chronic fatigue, increasing their chances of getting involved in crashes. Previous safety regulations imposed by the federal government on trucking companies often do not help, the pressure to perform is just too great, which is why such devastating accidents continue to happen.

Recently, the Federal Motor Carrier Safety Administration (FMCSA), a division of the U.S. Department of Transportation (DOT), implemented a new set of federal regulations that should not only reduce fatigue, but also improve safety for motorists

By Patrick N. George

One of the biggest causes of injuries to both adults and children in Idaho continues to be car accidents. Back and neck injuries are common following an accident, including rear-end collisions which are the largest type of crash in the city. The design of cars and the motion that occurs, coupled with the unexpectedness of the impact, means that little support is provided to the neck and back of the vehicle’s occupants, making it more likely that those parts of the spine will be harmed during an accident.

Back and neck injuries are complicated and can range from the minor to the serious so it is always a good idea to seek help from a qualified expert or neurologist. Towards the minor end of the spectrum, victims may sustain musculoligamentous injuries including sprains and strain. These injuries can be uncomfortable, limiting, and frustrating to victims but will generally heal without problems. Generally such injuries will heal within 6 weeks or so. Much more seriously, a victim may sustain a fracture to one or more of the vertebrae that comprise a spinal column. This can be dangerous if it becomes displaced and causes harm to other areas including the spinal cord.

Halloween is all about fun and being scared for one night. Make sure the fun does not end with a frightening crash. Statistics indicate that children are more than twice more likely to be hit by a car on Halloween than on any other day of the year. Unsafe conditions are created with sunset occurring prior to 7:00 p.m. and children being out on the streets as pedestrians to gather candy. The popular hours to trick-or-treat are between 5:30 p.m. and 9:30 p.m.

AAA Idaho suggests these basic Halloween safety tips:

• Drive slower than posted speed limits. Children are excited and preoccupied with the activities of the night and forget about traffic and potential dangers. They may dart out into traffic. Young children lack the ability to judge the speed and distance needed for a car to stop.