Idaho Law Blog

Seat Belts Save Lives – Click It Don’t Risk It!

Published on: October 11, 2016 | by Racine Olson

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.

Can I Make Changes to My Will Without an Attorney?

Published on: October 11, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

Let’s suppose for a minute that you have taken the advice that we’ve given in this blog several times and you’ve actually completed your estate planning by having a Last Will and Testament prepared. 　A few years go by and you pull your Last Will and Testament out to review it and realize that you’d like to make some changes. A thought then goes through your mind. Rather than taking the Last Will and Testament back to the attorney you wonder if you can make handwritten changes to you Last Will and Testament yourself and save some money.

In Idaho a person can make handwritten changes to their own will so long as those changes are in their own handwriting and are dated and signed. However, there are several problems that can arise if you choose to do this.

The First Step in the Eviction Process

Published on: October 10, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

The first step in the judicial process of an eviction is to serve the required written notices as prescribed by the applicable law. Idaho’s landlord and tenant laws contain several notice requirements for various situations. The law is designed to allow the defaulting party to be made aware of a problem and provides an opportunity to the defaulting party to fix the problem before the non-defaulting party has a right to seek assistance from a court. Tenants are given this right to notice in several instances and the failure of the landlord to provide adequate notice is frequently raised by tenants.

Perhaps the most important notice tenants have a right to receive is the eviction notice. Whether it is a 3-day notice for a typical rental or a 20-day notice for mobile home park space rental, the landlord’s actions in providing proper notice is critical to his right to proceed with an eviction.

Using A Job Offer Letter to Get Off to a Good Start With an Employee

Published on: October 10, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

A job offer letter is an opportunity to start the employment relationship off on a positive note. In this letter, the employer has an opportunity to describe the job and its responsibilities. As with any type of letter, a job offer letter should be direct and positive. It is an opportunity to the candidate know that they were chosen specifically and that the employer recognizes the skills and experience the new employee can bring to your company. Doing this encourages new employees to feel confident, not only of a decision to accept your job offer, but in their ability to perform the job itself.

STICK TO THE FACTS

Alcohol-Related Fatal Crash in Cassia County

Published on: October 10, 2016 | by Racine Olson

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.

Estate Planning for a Brand New Adult

Published on: October 10, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

Most states have specific laws that define when a person becomes a legal adult. The age when this happens can vary between 18 all the way through 21 depending on which state you live in. However, regardless of which state you live in at some point every person will become a legal adult. Every legal adult needs to complete their own personal estate planning. Here are the basic estate planning documents that every adult, including a brand new adult, should have.

1. POWER OF ATTORNEY (FOR BOTH FINANCES AND HEALTH CARE)

Motorcycle v Vehicle Crash – Nampa Fire Department Chief Critically Injured

Published on: October 7, 2016 | by Racine Olson

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.

Recent Idaho Case Upholds Non-Parent Visitation Right

Published on: October 7, 2016 | by Racine Olson

By Heidi Buck Morrison

While most custody cases involve disputes between the child’s biological parents, there can be circumstances when other parties can involve themselves in custody disputes. For example, grandparents and step-parents may become involved in a custody dispute.

In a recent case, Shepherd v. Shepherd, the Idaho Supreme Court affirmed a district court decision in favor of granting a step-parent visitation despite objection by the natural mother.

Screening References Through a Filter of Reality

Published on: October 7, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

According to a Society for Human Resource Management (SHRM) survey more than eight out of ten human resource professionals reported that they regularly conduct reference checks for professional (89 percent), executive (85 percent), administrative (84 percent) and technical (81 percent) positions. Regular reference checks were less likely, but still happened, for skilled-labor, part-time, temporary and seasonal positions. Information routinely provided to reference checkers by surveyed employers included: (1) dates of employment for the job applicant; (2) eligibility for rehire; (3) salary history of the job applicant; and (4) employability of the job applicant.

Even with this high number of reference checks occurring we all know that references for a job applicant should be viewed through a filter of reality. Usually a job applicant will choose only those persons who will provide glowing praise as a reference. However, even in these situations, a check of references by an employer can help to provide an objective view of the job applicant if the right approach is taken.

The Eviction Trial

Published on: October 7, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

On of the most important steps in the judicial process of an eviction is the eviction trial. In circumstances where the landlord has properly served the tenant the required Notice, and the tenant fails to appear or to file a response, the landlord will obtain a judgment by default. This is what occurs in about 90% of all cases. In the remaining 10% of cases, the eviction trial occurs.

In the eviction trial, a landlord has the burden of proving everything necessary to obtain a judgment against the tenant. In essence, a landlord must provide admissible evidence that everything claimed in his complaint is true. This is usually accomplished through the landlord’s own testimony and his presenting to the court evidentiary documents including the following: