Articles Posted in Personal Injury

The Idaho Department of Transportation (“ITD”) launched its second annual Winter Safety Campaign “Prepare – Be Aware” to alert and educate drivers regarding safe driving during the winter months.

As the first snow fell in various locations throughout the state, many accidents have been reported with injuries and fatalities.  On December 6^th, a 37 year-old, Brandy Romero from Twin Falls, was killed on westbound I-84 west of Burley when her vehicle left the road and rolled.  Romero, who was not wearing a seat belt, was ejected.

Another fatality occurred on U.S. Highway 95 at milepost 58.5, south of Fruitland on December 7^th.  50 year-old Christopher Lowe of Caldwell was driving southbound on the highway when he failed to negotiate a curve, went off the side of the road, down an embankment, struck the side of a dirt driveway and went airborne.  The vehicle came to rest in a field on the west side of the highway.  Lowe was also not wearing a seatbelt and had died from his injuries by the time the crash was located.

When driving in winter road conditions, 511 is a public service of the Idaho Transportation Department (ITD) which was designated in July 2000 by the Federal Trade Commission (FCC) to provide travelers with information about road conditions and weather via phone, the Web or by smartphone.

ITD field crews provide information to update the system.  Additional information is received from the National Weather Service, Ada County Highway District, citizen reports and the Road Weather Information System.  511 is treated as a local call and most cell phones will connect; however, there may be places where reception is poor which prevents or hinders access.

Police and ITD encourage motorists to use caution and increase travel time to reach your destinations.  ISP reports that many weather-related accidents occurred within the past two weeks.  ISP troopers handled various crashes, slide offs and assisted many motorists who became stranded due to harsh weather.  Weather conditions can change rapidly so always be prepared prior to your commute or trip.  Have a passenger call 511 or pull off to a safe spot and place the call yourself.

It is the time of year with weather changes, mating and hunting seasons upon us when the likelihood that an Idaho driver will collide with wildlife, especially deer increases.  ITD reports that injuries and fatalities spike during the months of October, November, and December due to deer versus vehicle collisions.

Nationally, deer collisions are the cause of an estimated 1.23 million collisions per year, 200 deaths and $4 billion in damages each year.  With growing populations and humans encroaching into natural habitat, deer become a serious safety hazard.  Drivers should be extra cautious during these months.  Scan the road for deer 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 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.