I was riding in my friend’s car and he crashed because he was texting while driving and now I’m hurt. I heard that Idaho has a guest statute that precludes me from suing my friend for my damages. Is that true?
It’s not true! Idaho’s guest statute is found in Idaho Code 49-2415. The statute states that a guest in the motor vehicle cannot bring an action against the owner or operator of the motor vehicle unless the accident was intentional or caused by intoxication or gross negligence. However, Idaho’s appellate courts ruled this statue unconstitutional in Thompson v. Hagan, 96 Idaho 19 (1974). Yes, you can sue the owner and/or operator for the negligent conduct that caused your damages.