Negligence is the failure to exercise the degree of care that a reasonably prudent person would exercise under the given circumstances. It can include doing something that a reasonably prudent person would not do or failing to do something that a prudent person would do in the given circumstances.
In auto accidents, negligence includes a driver’s failure to obey the rules of the road, such as the speed limit or traffic control signs. A driver’s failure to contest an infraction or misdemeanor citation issued by the investigating police officer and payment of the fine is considered evidence of an admission of fault. However, such is not dispositive in the injury case and does not prevent the driver from denying fault or alleging that the other driver is also partially at fault for causing the accident.
The person injured need not be free of fault in order to recover damages. As long as the injured person’s negligence or fault is less than the fault of the defendant, he can recover the pro rata share of his damages. For example, if the plaintiff is found by the jury to be 25% at fault and the defendant 75% at fault, then the plaintiff can recover 75% of his damages. If each party is found 50% at fault, then plaintiff recovers nothing.
Recoverable damages include both economic and non-economic damages. Economic damages cover such items as medical expenses, past and future, lost wages or diminished earning capacity, past and future, and funeral expenses in wrongful death cases. Non-economic damages cover pain and suffering, and take into account the severity and duration of the injury, and the victim’s inability to pursue his usual activities or to otherwise enjoy life.
Idaho Code 6-1603 caps recovery of non-economic damages unless the plaintiff can prove that the defendant engaged in willful or reckless misconduct, which requires greater evidence of wrongdoing than simple negligence. The cap amount is adjusted every year by an established formula. The cap in place at the time of trial, as opposed to the date of the accident, is the applicable cap. In 2015 the cap is about $326,000. This statute does not cap recovery of economic damages.
Since July 1, 2014 a driver’s or passenger’s failure to wear an available safety restraint can in some cases be considered for purposes of apportioning damages and preventing recovery for those injuries and damages that would have been avoided had the driver or passenger worn the available safety restraint. I.C. 6-1608.
A person injured by a defective product can recover from the manufacturer. Product defects cover design flaws, manufacturing defects and inadequate instructions and warnings. Negligence need not be shown – it is sufficient for the plaintiff to prove that the product was defective and unreasonably dangerous. Defenses include misuse and improper maintenance. Any product older than ten years is presumed to have outlived its useful life. If the presumption cannot be shown false, then the claim is barred.
When death occurs through the fault of others, then the decedent’s spouse, children, stepchildren and parents can pursue a wrongful death action. I.C. 5-311. Other specified persons can also pursue claims if dependent upon the decedent for support or services.
Lawsuits on injury or death claims generally must be filed with the court within two years of the date of injury or are barred by the statute of limitations. I.C. 5-219. An exception exits for injuries to minors – the two year statute of limitation does not start to run until their 18th birthday or six years after the accident, whichever occurs first. I.C. 5-230.
Injury claims against governmental agencies, such as school districts, cities or counties, and their employees, also require the filing of a tort claim notice with the governmental agency within 180 days of the accident and injury. I.C. 6-906. The notice should describe the accident or other misconduct and the resulting injuries and damages. Such is designed to give the agency an opportunity to investigate the claim while the evidence is fresh. Failure to submit a timely tort claim notice will result in dismissal of the lawsuit.
POSTED BY THE FIRM
THIS POST IS A GENERAL DISCUSSION OF IDAHO PERSONAL INJURY LAW. IT IS NOT INTENDED TO PROVIDE THE READER WITH LEGAL ADVICE FOR A SPECIFIC CLAIM.