Articles Posted in Personal Injury

With Idaho’s population growth and the increased traffic demands being placed on our roadways, construction zones are everywhere! The Idaho Transportation Department’s (“ITD”) research over the past several years indicates that 4 out of 5 construction zone accidents involve drivers or passengers, not construction crew workers like most of us believe. Nationally, 82% of the construction zone fatalities involve drivers and occupants in motor vehicles. ITD offers various safe driving tips for motorists while traveling in construction zones.

Construction zones are inconvenient and slow down the flow of traffic. Commuters traveling on I-84 across the state are painfully aware of the congestion and delays caused by work zone related traffic pattern changes and speed reductions. Drivers can keep the flow of traffic moving by merging properly and obeying posted speed limits. I.C. §49-657 has a fixed penalty for work zone violations of $50.00 and when additional fees are added, the average fine totals in excess of $100.00. Speeding is a major contributor to crashes in construction zones.

Rear-end collisions are the most common type of crash in a construction zone. Always keep a safe distance between you and the vehicle in front of you. Take it easy, be courteous, back off and don’t tailgate. Stay alert and keep distractions at a minimum. The construction crew and flaggers also want to remain safe and complete their work shift free from accidents and injuries.

For those with teen-aged drivers in your household or extended family, National Teen Driver Safety Week is approaching on October 16 – 22, 2016. Communities, law enforcement agencies, teens, parents, school administrators, and employers can all share information to promote actions that will keep teens safe while driving. In the U.S., vehicle crashes are the leading cause of death for 15 to 19 year-olds.

The most common danger for teens is distracted driving due to cell phone usage. Distractions increase the risk of crashes and death. Many states have implemented distracted driving laws; however, 1/3 of teens admit to texting or emailing while driving. 19% of the distracted drivers under the age of 20 who were involved in fatal crashes were using their cell phones.

Parents and teens can sit down together, discuss safe driving habits, and then establish solid rules and limitations before your teen is allowed to adventure out on his/her own. The Centers for Disease Control and Prevention (CDC) created a “Parent-Teen Driving Agreement” that puts such rules into writing. This agreement can be downloaded at: www.cdc.gov/parentsarethekey Go over the agreement with your teen driver, discuss consequences with them and above all, set a good example while behind the wheel.

The Magic Valley News reports that a 63 year-old male from Jerome has died as a result of a three-car crash on I-84 east of Twin Falls on Thursday evening, October 6, 2016 at approximately 8:15 p.m.

The Idaho State Police states that the decedent, Randy Hansen, was driving a 1994 Ford Ranger pickup that was struck from behind by a 2013 Toyota 4Runner. Hansen’s pick up drove through the median into the eastbound lanes of I-84 and then struck a 2007 Toyota Sienna. Hansen was transported by ambulance to St. Luke’s Magic Valley Medical Center, as were other injured parties in the crash. Hansen died from his injuries at the hospital. Police are continuing to investigate the accident.

The NHTSA estimates that seat belts reduce the risk of fatal injury by 45% to 60% depending on the type of vehicle and where the occupant is seated in the vehicle. Within the last 5 years, 688 unrestrained Idahoans were killed in traffic collisions as reported by ITD.

41 year-old Angel Martinez Pedraza died during the early morning hours on Thursday, September 29, 2016. The accident occurred on Yale Road in Cassia County and is currently under investigation.

The Magic Valley News reports the driver of a late model SUV left the roadway, over corrected and rolled the SUV. Martinez Pedraza, who was a passenger in the SUV, was not wearing a seat belt and died when he was thrown out of the SUV after it rolled. News reports indicate that the driver and occupant left a party at a relative’s house on Yale Road and crashed 10 minutes later. Charges related to this crash are pending.

The Office of Highway Safety, ITD reported 1,367 impaired driving crashes in 2015 out of which 87 were fatalities. Impaired driving is defined under Idaho law at I.C. §18-8004. Only 25% of the passengers involved in impaired driving crashes were wearing a seatbelt. Facts and figures gathered by ITD indicate that impaired driving cost Idahoans over $1 billion in 2015.

On Saturday, September 25, 2016 the Nampa Fire Department Chief Karl Malott was critically injured after a crash occurred on I-84 near the Sand Hollow exit. Chief Malott’s Harley-Davidson motorcycle rear-ended a red sedan while traveling on eastbound I-84. Malott was thrown from his Harley as a result of the impact. Malott was not wearing a helmet. Malott was flown to St. Alphonsus Regional Medical Center where he was listed in critical condition until yesterday when the local news reported that he had been moved from ICU since his condition has improved. No one in the sedan was injured in the crash.

The ITD (“Idaho Department of Transportation”) Motorcycle Operator’s Manual reports that 1 out of 5 motorcycle crashes results in head or neck injuries. Head injuries account for the majority of the serious and fatal injuries to motorcyclists. Injuries can be avoided and/or reduced by wearing a helmet. Riders wearing helmets are 3 times more likely to survive head injuries than those that who do not wear a helmet.

A major factor in motorcycle crashes is following too closely. Motorcycles need the same amount of distance as cars to stop safely. A minimum 3-second rule following distance is recommended; however, a longer distance is required for higher speeds. A longer distance also allows the rider to have a better view of any hazards on the road ahead.

ITD Board to Hold Subcommittee Meeting in Pocatello on 10/3/2016

The Idaho Transportation Department (ITD) is responsible for all highways on the State Highway System, such as interstates, state highways and U.S. routes. On Monday, October 3, 2016 at 1:30 p.m., the ITD Board will hold a subcommittee meeting in Pocatello at the ITD offices located at 5151 South 5^th Avenue. This subcommittee meeting will discuss an application to allow trucks weighing up to 129,000 pounds on a section of U.S. 30 in eastern Idaho. Subcommittee meetings have been held in other parts of the state to review and analyze the request to allow the increased weight on non-interstate, state-maintained highways. The ITD and a subcommittee can reject or approve the requests for new routes. For more information regarding the request to increase truck weight, go to: http://itd.idaho.gov/129K/default.htm.

In 2003, the Idaho Legislature passed House Bill 395 to create a pilot project that would test the effect of legally increasing the weight of trucks from 105,500 pounds to 129,000 pounds on 16 specified routes in the State of Idaho. Later in 2005 and 2007, 19 routes were added. One of the tasks of this pilot project was to study this increased legal weight upon roadway safety.

By Patrick George

When you rent a car, there is understandably a certain expectation that the vehicle will be provided in good mechanical repair, and with safe tires which are relatively new and have good tread. Idaho roadways are packed with leased vehicles from numerous rental car companies with very recognizable names due to our picturesque scenery and vacation places. While rental car vehicles are typically washed and vacuumed, and even delivered with a fresh new scent or pine smell, they are not always delivered with the same high quality tires, engine repair, and other vehicle needs that we have come to expect.

More than one case has been brought against a rental car company in connection with accidents that were allegedly caused by low tire tread resulting in a hydroplaning event or a lack of traction on slick or snowy roads. Imagine the surprise and dismay experienced by those who were injured, or their family members, when it was learned that the tire tread on the rental vehicles had been worn down below the level recommended in the safety manuals generated by the very rental car companies that had leased the vehicles. Consider the last time you actually checked the tread on a rental car. And yet, so often it would not be something that you wouldn’t trust on your own vehicle.

By Patrick George

Often the idea of an unmarked crosswalk is misunderstood or misapplied. The lack of understanding this concept can lead to tragic and even fatal accidents between vehicles, pedestrians, and bicyclists. Fortunately Idaho has specific laws to govern the responsibilities of the various users of this area of the road.

Most everybody knows that they must watch for pedestrians in marked crosswalks. These marked crossings often have signs, white paint on the roadway, and even flashing lights to alert drivers to the potential of pedestrians. Drivers know that they should stop for pedestrians and bicyclists. Other drivers are alert to the fact that if one vehicle is stopped at a crossing, it is illegal to pass. What about unmarked crosswalks?

Augustin Rangel, a 55 year-old farmer from Caldwell, Idaho died from personal injuries he sustained when a van tried to pass two slow-moving tractors, including the one he was operating, which caused an accident on Homedale and Beet Roads in Canyon County, Idaho, on Sunday, September 25, 2016. Several other injured people were transported to local hospitals as a result of the car crash. The car accident is still under investigation.

Idaho law enforcement agencies have issued statements reminding drivers to use caution, be patient and slow down while driving on the roads during the harvest season when farm vehicles are present. Farmers have the same rights to operate their equipment on the roads as other motorists do. Drivers should move over, slow down and if necessary, stop and allow the farm equipment to pass. Farm Bureau agencies teamed up with law enforcement to spread public awareness of the dangers in rural areas while the harvest of potatoes, corn, onions, sugar beets, wine grapes and seed crops continues for the next several weeks.

According to the Idaho Department of Transportation, there were 12,383 aggressive driving crashes in 2015; 77 resulted in fatalities. 70% of the fatal aggressive driving crashes occurred in rural areas. Aggressive driving can include failure to yield the right of way, exceeding the posted speed limit, driving too fast for conditions, and following too closely. The Idaho State Police urges motorists to: “Be alert, be patient, stay alive.” In most instances, accidents can be prevented: take your time, yield to slow-moving vehicles, allow a safe stopping distance, and be mindful of changing road conditions.

By Rachel Miller

• Your health and safety and that of your passengers and other individuals in the other car have to be first. Treat injuries and call 911 if necessary.
• Call the police. Officers will investigate the scene of the accident. Their report can be an important part of an insurance claim and will document that the accident occurred. They will identify the other driver. (The last thing you want is to decide to handle it without the police and then get wrong contact information from the other driver.) You are not required to incriminate yourself in a police investigation. You can choose to give only your vehicle registration, proof of insurance, and driver’s license. However, if you choose to do so, expect greater scrutiny and possibly a citation. What you say will be put in a police report and used to decide who, if anyone, should be cited. Tell the truth. But don’t guess, speculate, or assume. Don’t apologize. Don’t assume responsibility for the accident. If you decide to speak, stick to the facts, and only the facts. Answer the police question as briefly and directly as possible.