Idaho Law Blog
In Rupert, Idaho, on Friday, October 25th, a 37-year-old man was traveling in a Volvo semi-truck westbound on State Highway 25. At approximately 11:00 a.m., the driver struck a 60-year-old pedestrian.
At the time of the accident, the semi driver was headed westbound on highway 25 near mile marker 52 and pulling two trailers. As he was traveling, a 60-year-old male wandered into the driver’s path. The semi driver swerved to avoid the pedestrian, but the second trailer didn’t clear in time and struck him.
The pedestrian was badly injured and did not survive the incident. The driver was reportedly wearing a seatbelt, and no report on his health has been given at this time. The identities of these two men have not yet been disclosed. This incident is under continued investigation by Idaho Police.
We are sorry to hear about this accident and our hearts go out to the friends and family of the pedestrian.
WRONGFUL DEATH AND LIABILTIY FOR ACCIDENTS IN IDAHO
No one who gets into or drives a vehicle wants to be involved in an accident. But unfortunately, car accidents happen. Idaho uses a fault-based system to impose liability on the party most at-fault for the accident. A legal principle called “comparative negligence,” is applied to determine the negligence of all involved parties. If the Plaintiff’s negligence is less than 50%, then she generally can recover damages from the Defendant (or the Defendant’s insurance policy).
Wrongful death damages are also available to the heirs of a person who passes away due to injuries suffered in a car accident and if another person or entity was more than 50% negligent. Wrongful death damages can include specific damages such as medical expenses incurred as a result of the accident, burial costs, and lost income if the person that passed had dependents. It can also include more general damages such as the loss of companionship, love, comfort and affection of the deceased.
Our personal injury attorneys can advise injured persons about their particular case, whether there is negligence, causation, and liability, and what damages are available.
Notes: The information used to create this blog post comes primarily from the Idaho State Police News Releases. Information has not been independently verified by this firm. Please report any inaccuracies in this post to our firm. We will correct or remove the article, if asked.
Disclaimer: This blog is not intended as solicitation for professional employment to a specific person. It is intended as a legal news and advertisement post. The post does not constitute legal or medical advice.