Idaho Law Blog

Non-Authorized Vehicles in Median

Published on: May 31, 2016 | by Racine Olson

The speed limit on several portions of the interstate system in Idaho is as high as 80 mph. Said otherwise, in those 80 mph sections, motor vehicles that travel at that speed are traveling at 117 ft./s. That is fast.

Scattered throughout the interstate are little “lanes” across the median, also known as emergency crossovers. These crossovers are designed and in place for authorized vehicles only, such as law enforcement, EMS, and maintenance crews. The drivers of these authorized vehicles are trained to use these crossovers safely due to a heightened danger to motorists on the interstate when they are used.

Crashes and resulting personal injuries are a common occurrence as non-authorized vehicles, or members of the general public attempt to use these cross-overs rather than using designated exits and on-ramps. The dangers arise as the motorist, who is presumably in the left, “fast” lane, slows down in order to enter the cross-over. Traffic approaching from the rear is coming up fast and because of the rapid pass of distance due to speed, the ability to perceive, react, and slow down is all extended. It is very common for these slowing motorists to be rear-ended, resulting in injury and death.

Helping Your Personal Representative

Published on: May 31, 2016 | by Racine Olson

A Personal Representative is an individual selected by you and identified in your Last Will and Testament. The role of a Personal Representative is to administer your estate and distribute your assets according to your wishes upon your death. It sounds easy, but often it is not.

When you pass, the first step for you Personal Representative is to get appointed by the Court. Once appointed your Personal Representative has, what is often, the difficult task of identifying and locating all of your assets. This includes bank accounts, investment accounts, retirement accounts, life insurance, real property, burial plots, vehicles, personal property and all other asset that you may have owned during your life. Identifying your assets often require the Personal Representative to search extensively through documents located at your house and to go through mail that is still being sent to your address. However, sometimes this is not enough to lead the Personal Representative to your assets. In today’s technological age, many people access their accounts online, eliminating the need for paper documents to be sent directly to their houses. This creates a problem for a Personal Representative as he or she may not become aware of certain assets that you may have had before your death.

Organizing and creating a list of your assets can be very beneficial to your Personal Representative. Nobody knows what assets you own better then yourself. By putting together a list of your assets with usernames and passwords when applicable, you will save your Personal Representative hours worth of time and effort that would otherwise be spent on searching for those assets. Once you have created a list of your assets, it is important to store them in a safe place and let your named Personal Representative or other individual that you trust know how to gain access to your list.

Patience is a Virtue!

Published on: May 31, 2016 | by Racine Olson

I have clients get frustrated and upset with how long their Idaho worker’s compensation case is taking. They see it cut and dried and should get compensation for their injuries. However, the Idaho worker’s compensation system is much more concerned for getting the case done right through a sometimes inefficient system litigation process than they are about getting it done fast. This puts a huge burden on the client and I know they have financial struggles and hardships brought on them by these injures. Waiting for compensation can seem like an eternity. Unfortunately Idaho worker’s compensation cases don’t just get settled over night. I wish it could happen that quickly and some cases do settle fast but most don’t. They take careful planning and preparation, which can take time. Also it can be a tactic by the insurance companies to delay and delay. They make the claimant desperate and willing to settle for anything they offer the claimant. Don’t let them do this to you. Don’t let them starve you out. We are here to help make your worker’s compensation case go easier and quicker. Give us a call we are here to help.

Protect Yourself And Your Loved Ones From Drunk Drivers

Published on: May 25, 2016 | by Racine Olson

Unfortunately, not all drivers are responsible; some drink and drive or are otherwise impaired. Drunk drivers are not just out there on the weekend. You can find them on the roads at any time, day or night. You must remain vigilant in order to avoid such drivers. How can you keep safe from these drivers? Look for the following signs:

Sudden braking
Weaving across the lane, crossing the lines, and overcorrecting

Meeting with an Attorney to Probate an Estate

Published on: May 25, 2016 | by Racine Olson

Losing a loved one is difficult. Grieving with your loss while trying to navigate the probate process alone is more than most people can cope with. For this reason, most people hire an attorney to help them through probate which is the collection and management of all assets; paying debts or taxes owed against the estate; and distributing property to your loved one’s heirs. Once you found that attorney to help you through the probate process, how do you prepare for your first meeting?

The tips listed below will help you get organized and will give you and some confidence going into that first meeting. To start with, seek to receive eight to ten (8-10) certified copies of the death certificate. Death certificates are used in planning and carrying out the probate process in many ways from providing a copy to the Court to forwarding copies to account holders and life insurance providers. If possible, bring at least one copy of the death certificate to your first meeting with your probate attorney.

The next step is also very important. You need to determine if there is an existing written Will, or written Estate Plan. Providing these documents to your probate attorney will help in the determination of whether probate is required or can be avoided. For instance, if there is a trust, probate might not be necessary.

Accident-Prone Individuals

Published on: May 25, 2016 | by Racine Olson

We all know that person that seems to get hurt every other month. They can be adrenaline seeking junkies, extreme sports fanatics, a clumsy friend or just an unlucky person. I have represented many of these people over my years as an Idaho worker’s compensation attorney. I have had clients injure an arm or a leg and a month later injury that same arm at work. I have had clients get injured multiple times while they are in the process of settling their Idaho worker’s compensation claim.

I bring this point up to reassure individuals in these situations that there is still hope. These clients of mine ended up receiving fair compensation. Did it complicate matters that they had an injury a few weeks early to the same body part? Yes it did, but that should not be a deterrent for you for getting fair compensation. Contact an experienced　 Idaho worker’s compensation attorney and the get the help you need. I offer free case reviews and have been practicing Idaho worker’s compensation law for more than 27 years. I can help you get fair compensation. Put me to work for you today.

Idaho Department of Lands Has Issued a Preliminary Order Approving an Encroachment Permit

Published on: May 23, 2016 | by Racine Olson

May 16, 2016.

The Idaho Department of Lands has issued a preliminary order approving an encroachment permit for a client who installed rip rap and a boat ramp adjacent to Bear Lake, Idaho.

The application was aggressively opposed by a neighboring landowner. However, after a two day trial, the Department of Lands approved the application in full.

Why Even Young Adults Need an Estate Plan

Published on: May 23, 2016 | by Racine Olson

Have you ever thought to yourself, “Do I need a will?” 　While we are young, all of us tend to think that we are invincible. 　We feel strong, healthy and full of life. 　Because of this, we put off the thoughts of death and Estate Planning. 　This is stuff only old people think about right? 　The reality is that none of us is truly invincible and everyone needs an Estate Plan.

If you die without an Estate Plan that means your belongings will given to other people through the laws of “Intestacy” or through the government’s default Estate Plan. Intestacy laws will distribute your belongings in a way that is different than what you would plan. 　I discuss this in a previous blog and recommend that you read that as well. 　While understanding the laws of Intestacy is important it isn’t the focus of this section. 　Here I want to focus on children.

For young people with children, having an Estate Plan is vital. 　The reason for this is because, like your belongings, if you don’t create an Estate Plan where you name guardians for your children, the government will do it for you.

One Accident; Multiple Cases

Published on: May 23, 2016 | by Racine Olson

Our firm has a varied, injury based practice. We handle workers compensation claims, automobile accidents, trip and fall accidents, products liability claims and brain injury claims An individual is struck and permanently disabled by an automobile on the job may well have several claims to bring: a Worker’s Compensation claim, a claim against the negligent driver, a claim against his own automobile insurance Company, a claim against a disability plan, and, finally, a claim for Social Security disability benefits. Our experience and expertise across these various types of cases can be very important when a particular accident leads to two or more claims. There are often offsets between the various claims. You need an experienced Idaho firm that handles all types of claims. Don’t go it alone let us help.

Tired Truckers

Published on: May 23, 2016 | by Racine Olson

Tired drivers cause accidents. We have all seen it, and we may have done it ourselves. A tired driver may fall asleep at the wheel. Or he may just lose focus for an instant and make a wrong decision. Drowsiness can impair a driver’s reaction time and even his vision. Drowsy drivers may even be more moody and aggressive than well-rested ones.

Legislation is being considered in some states that would allow police to charge drivers with criminal negligence when an accident has occurred and there is evidence that the driver has not had sufficient sleep. But even if it passes we are not likely to see much enforcement, because drowsy driving is difficult to prove in most cases.

One exception, though, involves over-the-road truckers. A drowsy driver in command of an 80,000 pound vehicle can cause massive damage. So, federal regulations limit truckers in the number of hours they can drive between periods of adequate rest. The regulations also require truck drivers to keep detailed log books documenting their rest periods and driving times, and a driver who goes too long without rest — or falsifies his logbook — can lose his license. In Idaho, it is a misdemeanor charge for a driver to be even a few minutes out of compliance with the federal regulations.