Idaho Law Blog

The United States Centers for Disease Control and Prevention has stated that car accidents are the leading cause of injury and death in our country. Drunk drivers, distracted drivers, and other negligent drivers can cause an accident when you least expect it leaving you injured or worse. Often there is nothing you can do to protect yourself against injury other than wear seatbelts and make sure your children are in safety restraints.

You can also guard against accidents by knowing where the danger spots are along your route. For instance, in Pocatello, Idaho the most dangerous intersection is located at the Benton overpass and 2^nd South. Over a 5 year span, there were 35 accidents in that location. Groveland Road and Highway 26 in Bingham County is another particularly dangerous spot.

Regardless of the circumstances, we are here for you. If you are injured in an accident in Idaho, give us a call at (877) 232-6101. We’ll review your case, introduce you to our team of lawyers and other professionals. In short, we’re here to help you.

The King cannot be sued.  Fortunately, the United States is not ruled by a King. However, the Federal Government does have immunity to many types of lawsuits and has set forth specific rules that must be followed before a lawsuit can be filed against it. In order to sue the Federal government for most personal injuries and numerous other matters, a claim must be allowed by the Federal Tort Claim Act (FTCA).　 The FTCA limits the types of lawsuits that are allowed. The FTCA also requires that a claim must be filed directly with the agency alleged to have caused the injury prior to filing a suit in Federal Court. The claim must be filed with the agency in a very specific form and generally within two years of the accident. The Federal agency then has six months to accept or decline the claim. After the claim with the agency is completed, a party can sue in Federal Court.  The lawsuit in Federal court must be filed within a specific amount of time and is generally limited to amount of damages sought in the direct claim with the agency.　 For more information, contact Racine Olson today.

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One of the biggest factors an insurance company uses to determine how much money it will pay to settle a personal injury claim is the amount of the medical bills and what is contained in the medical records.　 No insurance company will settle a claim prior to reviewing the medical records and medical bills.　 If a doctor’s visit does not specifically reference the injured parties’ accident, the insurance company will likely claim it is not related to the accident.　 It is very important to advise your medical provider that you are there because of injuries you received in the accident.　 Also, sometimes medical providers make mistakes in the medical records.　 It is very important for you and your attorney to review medical records soon after they are created.　 For more information, contact Racine Olson at (877) 232-6101.

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There are a myriad of reasons as to why individuals may become involved in disputes with their own insurance company. One such example though is during the course of handling a personal injuryv action, and after collecting insurance policy limits from the at-fault party, an injured party is required to turn to their underinsured motorist insurance policy for additional damages recovery. After seeking to recover from an injured party’s own insurance policy, sometimes disputes arise as to the terms of the insurance policy. These disputes, unfortunately, can lead to additional litigation for the injured party, in addition to the underlying litigation that gave rise to the damages in the first place. In many insurance policies there is an arbitration clause. This arbitration clause is part of the insurance policy agreement between the insured and the insurer, where both parties had agreed that in the event a dispute arose as concerning the insurance policy, said dispute would be resolved in arbitration. Arbitration is the process where, usually, an agreed upon, neutral third party is presented with arguments from both parties and then makes a decision that is binding on both parties. The decision of the arbitrator details the rights, duties, and liabilities and provides resolution for the parties involved, allowing them to move forward in bringing resolution to the disputes without the need of additional, costly litigation.

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Idaho law requires the drivers of motor vehicles to operate them at a speed and in a manner that is no greater than the conditions allow and having regard to the actual and potential hazards then existing. Stated otherwise, when roads are snow covered, even though the posted speed limit may be 45 mph, that does not mean that a driver is operating his vehicle lawfully if he is driving 45 mph. Operators of motor vehicles must adjust their speed in accordance with the weather and road conditions at the time, even if that means traveling well below the posted speed limit. The driver must make the necessary adjustments to be able to navigate, slow and stop their vehicle safely.

Drivers of motor vehicles who do not operate their vehicles in a reasonable and prudent manner and cause damage to others can be held liable for their negligent and even reckless conduct.

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By Fred Lewis and George Casper

Seat belts reduce the probability of serious injury or death by about half when a car accident occurs. In Idaho, seatbelt laws fall under Idaho Code 49-673 and were first introduced in 1986. The laws have been amended multiple times, with the most recent amendment coming in 2014. This law requires everyone in a vehicle to wear safety restraints. Other provisions under the law include:

• Adult violators, 18 and older, are subject to a $10 citation.

Hold Harmless Agreements are often presented to participants in recreational activities, such as climbing walls. Often times, the facility with the climbing wall will require participants to sign a “Hold Harmless Agreement” or “Release of Liability” form before a participant is allowed to use the climbing wall. The general purpose of these documents is to allow the facility to offer the recreational activity to the participants without being held liable for damages sustained by the participant while engaged in the recreational activity.

With respect to adult participants, the general rule is that releases from liability for injuries caused by negligent acts arising in the context of recreational activities are enforceable. The courts have held that hold harmless agreements need not describe the specific conduct or omission that is alleged to be negligent, but may contain language to cover a broad range of accidents by specifying injuries involving negligence on the part of the facility.

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A tort is a branch of law that deals with the civil (not criminal) wrong doings of others. A tort is often described as a breach of the duty that the law imposes upon everyone as to how they should conduct themselves in relation to certain situations, transactions and circumstances. The remedy is usually in the form of compensatory damages, be it special damages (damages you can actually prove by documentation), general damages (intangible damages such as pain and suffering and loss of enjoyment of life, etc.), or both.

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