Articles Posted in Personal Injury

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.

By Joseph G. Ballstaedt

Let’s suppose you own a truck, and let’s also suppose your neighbor Bill does not. One day, Bill knocks on your door and asks a favor. He just purchased a new couch, and he has no way of transporting it from the furniture store to his house. He asks if you’d be willing to lend him your truck. You’ve known Bill for years and that he’s a good driver, so you say yes. Bill takes your keys and is on his way, and before long, the bad news arrives. While driving to the furniture store, Bill ran a stop sign and broadsided another car. Under these circumstances, can you be held responsible for the damage and injuries Bill has caused?

Yes, under Idaho law, you can be held responsible for Bill’s negligence. Idaho statues explain that if you give another person express or implied permission to use your motor vehicle, and that person negligently crashes while using your vehicle, you are liable for any resulting death, injury, or property damage. However, your liability under these laws of “imputed negligence” is limited by statute to the greater of 1) $50,000 for bodily injuries or deaths to multiple persons (a $25,000 limit applies if only one person is injured or killed) and $15,000 for damage to property or 2) the limits of your liability insurance.

By Joseph G. Ballstaedt

What if an Idaho driver suddenly loses consciousness or experiences a completely debilitating medical condition–such as a heart attack, a stroke, or a seizure–and this condition leads to a car accident? Is the driver liable for resulting damages and injuries?

Under Idaho law, a person is negligent and responsible for any harm he causes if he does not use ordinary care in keeping others and their property safe. In making this determination, one must simply ask, how would a reasonably careful person act under the circumstances? Answering this question can be a little tricky when a car accident occurs after a sudden and debilitating illness. The law of negligence only holds people accountable for foreseeable injuries, and a reasonably careful person cannot foresee every harm he might cause. For example, if a driver has never had a seizure or experienced symptoms that might lead to a seizure, but one day crashes due to a sudden and unexpected seizure, he probably didn’t act negligently and therefore won’t be held liable for any damages. On the other hand, if he had seizures in the past or had reason to believe he might have a seizure in the future, he might be held responsible.

By Rachel Miller

Generally, no. If you are in a car accident, whether minor or severe, you can expect that the insurance company for the other driver will contact you. They will often be polite and professional and may even say that they just want to help you. They will often even ask you to make a recorded statement. It can be tempting to talk to the opposing driver’s insurance – particularly when the other driver was at fault. However, generally speaking, victims of car accidents should not speak to the other driver’s insurance. They should particularly not agree to give a recorded statement. Remember, you are not obligated in any way to speak to the other driver’s insurance or to give a statement.

It is important to remember that the insurance company of the other driver has no obligation to you. Their job is to represent the interests of their insured and their company. They are seeking to minimize the amount of money that they will have to pay for the accident. They do this by asking you questions that will elicit answers showing that (1) you were partially or entirely at fault for the accident; and (2) you did not have injuries or your injuries are only mild. The answers you give will be used against you to evaluate your claim. Your answers will also be used against you at trial if the case proceeds through litigation. Under Idaho law, your answers are not considered hearsay.

By Rachel Miller

Aaah. Fall. Autumn. Changing colors. Crisp air. Back to school. Fall sports – football, soccer, volleyball, cross-country. Is there anything not to love about the fall season? However, with back to school and fall sports often comes the obligatory Assumption of Risk/Release of Liability form that your child brings home to participate in the above school sports (or many other school activities). You may have also have signed them in connection to participate in other activities such as amusement parks, trampoline activities, or even every-day activities like roller and ice skating.

A release of liability form is an agreement between the parties, where the participant waives or releases any future negligence claim he may have against the school, organizer, sponsor, or vendor of the activity or sport. The organizer/sponsor of the activity often names specific risks inherent in the activity, and the participant acknowledges an assumption of those risks, and agrees not to sue the organizer even if the organizer commits negligence. The release also often contains agreements to arbitrate any disputes or to litigate only in the state where the activity took place.

By Patrick George

One of the most confusing areas of personal injury law is the duty to mitigate that lies with every injured person. This blog will attempt to explain this responsibility.

Many believe that if they didn’t cause the accident and they can prove negligence by another, they will recover so long as they sustained injuries in the accident. However, this is not altogether true. In Idaho, every plaintiff has the duty to mitigate damages. This means that one must take reasonable steps to minimize the financial harm caused by the accident.