Articles Posted in Personal Injury

By Rachel Miller

Some people love their furry household friends, and treat them like family members. Others… not so much. Whether you are a dog person, cat person, or people person, no person likes being intimidated or injured by another person’s pet.

In Idaho, all persons have the duty to use ordinary care for the safety of themselves and others. Consequently, pet owners have a duty to see that their animals, whom they have responsibility, do not injure others. Under Idaho law an “at-risk dog” is any dog that without justified provocation bites a person without causing serious injury. A “dangerous dog” is any dog that without justified provocation inflicts serious injury on a person or that has previously been found to be at-risk and thereafter bites or injures a person. “Justified provocation” means any act that a reasonable person with common knowledge of dog behavior would know is likely to instigate a bite or attack by an ordinary dog. Consequently, a dog is justly provoked when it dog is defending another from an attack, it attacks a person committing a crime on the property of the owner, the person was tormenting or abusing the dog, the dog was protecting offspring, the dog was a service animal or other hunting or herding dog that was performing its trained function, the person was intervening between two or more animals engaged in aggressive behavior or fighting.

How often have you traveled behind a truck, trailer or pick-up and witnessed an unsecured load dumping debris, large items, household items or even large pieces of furniture onto the roadway?  The U.S. Department of Transportation estimates that at 55 mph, an object weighing 20 pounds strikes with an impact of half a ton when it falls from a vehicle.

As indicated by the pictorial above, the AAA Foundation’s national study found that between 2011 and 2014, unsecured loads and road debris caused 200,000 crashes, 39,000 injuries and more than 500 deaths.  Motorists need to be aware of the consequences and dangers of hauling unsecured items.  No matter how fast your speed or how long (or short) your trip may be, all items in a load must be properly strapped down and securely anchored.  Even at slow to moderate speeds, heavy items can become loose during an abrupt stop or from other unanticipated road conditions.

Additionally, big rig truck tires often shed debris from badly worn or underinflated tires which is left on the highway.  On congested roadways, motorists have little time to react creating a recipe for disaster.  ITD crews consider it a top priority to clean up and alleviate debris thrown from big rigs to avoid crashes.

Two vehicles were involved in a crash Wednesday, October 19, 2016 at 10:18 a.m. on I-184 near the Curtis Road exit in Boise.  The accident caused injuries to two people.  The eastbound lanes of traffic on the I-184 connector were blocked for about an hour.  The ISP reports that a Sport Utility Vehicle hit a guardrail, rolled over and landed on its side facing the opposite direction of traffic.  Another vehicle that was traveling immediately behind the SUV was not able to stop to avoid a crash and hit the SUV.

Both drivers suffered minor injuries; one was taken to the hospital by ambulance.  Police are investigating the accident.  It is unknown at this time what caused the driver of the SUV to crash into the guardrail.   ITD’s data indicates that the most common contributing factor in multiple vehicle crashes is inattention/distraction (21%) and second most common factor is following too closely (20%).

ITD’s 2015 Traffic Crash Clock indicates that a crash occurs every 21.9 minutes and a person is injured in a crash every 39.8 minutes.  Crashes occurring between 8:00 a.m. and 11:00 a.m. number from 900 to over 1500.   Idaho’s population increase is associated with added motorists traveling on the roadways each day.  Traffic accidents and congestion are now commonplace during peak hours especially in urban areas.  Over 3000 injury-related crashes occurred last year in the cities of Boise and Meridian.

The nationwide non-profit public safety program “Operation Lifesaver” was implemented to raise awareness and promote education to keep citizens safe at train crossings.  The program began in Idaho in 1972.  Each year the Idaho State Police (ISP) conducts its “Cops on Trains” to spend the day patrolling railroad crossings and stop motorists who try to drive past lowered crossing gates and/or around barriers.

Travis Campbell, the Operation Lifesaver coordinator for Idaho, says “Cars are not built to be taking impacts for trains.  The weight ratio between your car and a soda can is about the weight ratio between the train and your car.”  The odds of surviving a crash with a train are 4,000 to 1.  When a law enforcement officer is dispatched to respond to a vehicle versus train crash, they anticipate fatalities.  Operation Lifesaver spreads awareness through the three Es:  Education, Engineering, and Enforcement.

Vehicle versus train crashes are totally preventable.  In Idaho it is unlawful to pull out in front of a train that is 1500 feet of a crossing or is dangerously close to the crossing.  It is also unlawful to drive any vehicle around or under any crossing gate or barrier. See I.C. § 49-648.  When you see the flashing lights at a rail crossing, HIT THE BRAKES and STOP.  Do not try to cross the tracks with a train approaching.  That train you see approaching is closer and moves faster than you think.  Never take a chance to try to beat the train; it is better to arrive late than not at all.  Additional information about Operation Lifesaver and Rail Safety is available at www.oli.org

Recent news reports from the Twin Falls area highlight concerns regarding school zone safety for young students.  Parents living within the Rock Creek Elementary school district express the need for improvements on Grandview Drive North since a portion of the road does not have sidewalks.  Although bus routes have been changed to accommodate the students living in the Hometowne Place subdivision, many students prefer to walk or ride their bicycles to school.

Children walking or riding their bicycles to school can be unpredictable since they do not recognize the potential dangers involved in sharing the road with motorists.  The speed limit in school zones is 20 mph.   Drivers who do not obey the posted speed limit will be fined a minimum of $75 pursuant to I.C. §49-658.  In most jurisdictions, additional court costs and fees apply which increases the total penalty and costs from $116.50 to $151.50.

Nearly 1/3 of the pedestrians killed each year is between the ages of 4 and 14 and involved a pedestrian v vehicle crash.  It is important for parents to talk to their children and encourage safety by following simple rules, such as:  a) cross the street at intersections, never from behind parked cars or in the middle of the block; b) know what traffic signals mean; and, c) cross the street only when the “Walk” signal is lit up.  A number of school zones have yellow flashing lights when children are present.  However, children should be aware that not all drivers slow down for the flashing lights.

By Joseph Ballstaedt

Every potential lawsuit has a “statute of limitations”—a time period in which the lawsuit can be filed in a court. If it is not filed within this time, the lawsuit expires and is forever barred. For example, in Idaho, if you are injured in a car accident, you have two years to file a lawsuit against any party who injured you. If you fail to do so, you must bear the burden and expense of your injuries alone. Any party who caused or contributed to your injuries is off the hook. The law doesn’t care whether you knew about the statute of limitations; your claim still expires.

Statutes of limitations may seem unfair, but there are many compelling policy reasons behind them, such as encouraging people to promptly enforce their rights, minimize deterioration of evidence, reduce the volume of lawsuits in courts, and to promote peace of mind (after some point, a person who is worried about being sued should know he is in the clear).

With Idaho’s population growth and the increased traffic demands being placed on our roadways, construction zones are everywhere! The Idaho Transportation Department’s (“ITD”) research over the past several years indicates that 4 out of 5 construction zone accidents involve drivers or passengers, not construction crew workers like most of us believe. Nationally, 82% of the construction zone fatalities involve drivers and occupants in motor vehicles. ITD offers various safe driving tips for motorists while traveling in construction zones.

Construction zones are inconvenient and slow down the flow of traffic. Commuters traveling on I-84 across the state are painfully aware of the congestion and delays caused by work zone related traffic pattern changes and speed reductions. Drivers can keep the flow of traffic moving by merging properly and obeying posted speed limits. I.C. §49-657 has a fixed penalty for work zone violations of $50.00 and when additional fees are added, the average fine totals in excess of $100.00. Speeding is a major contributor to crashes in construction zones.

Rear-end collisions are the most common type of crash in a construction zone. Always keep a safe distance between you and the vehicle in front of you. Take it easy, be courteous, back off and don’t tailgate. Stay alert and keep distractions at a minimum. The construction crew and flaggers also want to remain safe and complete their work shift free from accidents and injuries.

For those with teen-aged drivers in your household or extended family, National Teen Driver Safety Week is approaching on October 16 – 22, 2016. Communities, law enforcement agencies, teens, parents, school administrators, and employers can all share information to promote actions that will keep teens safe while driving. In the U.S., vehicle crashes are the leading cause of death for 15 to 19 year-olds.

The most common danger for teens is distracted driving due to cell phone usage. Distractions increase the risk of crashes and death. Many states have implemented distracted driving laws; however, 1/3 of teens admit to texting or emailing while driving. 19% of the distracted drivers under the age of 20 who were involved in fatal crashes were using their cell phones.

Parents and teens can sit down together, discuss safe driving habits, and then establish solid rules and limitations before your teen is allowed to adventure out on his/her own. The Centers for Disease Control and Prevention (CDC) created a “Parent-Teen Driving Agreement” that puts such rules into writing. This agreement can be downloaded at: www.cdc.gov/parentsarethekey Go over the agreement with your teen driver, discuss consequences with them and above all, set a good example while behind the wheel.

The Magic Valley News reports that a 63 year-old male from Jerome has died as a result of a three-car crash on I-84 east of Twin Falls on Thursday evening, October 6, 2016 at approximately 8:15 p.m.

The Idaho State Police states that the decedent, Randy Hansen, was driving a 1994 Ford Ranger pickup that was struck from behind by a 2013 Toyota 4Runner. Hansen’s pick up drove through the median into the eastbound lanes of I-84 and then struck a 2007 Toyota Sienna. Hansen was transported by ambulance to St. Luke’s Magic Valley Medical Center, as were other injured parties in the crash. Hansen died from his injuries at the hospital. Police are continuing to investigate the accident.

The NHTSA estimates that seat belts reduce the risk of fatal injury by 45% to 60% depending on the type of vehicle and where the occupant is seated in the vehicle. Within the last 5 years, 688 unrestrained Idahoans were killed in traffic collisions as reported by ITD.

41 year-old Angel Martinez Pedraza died during the early morning hours on Thursday, September 29, 2016. The accident occurred on Yale Road in Cassia County and is currently under investigation.

The Magic Valley News reports the driver of a late model SUV left the roadway, over corrected and rolled the SUV. Martinez Pedraza, who was a passenger in the SUV, was not wearing a seat belt and died when he was thrown out of the SUV after it rolled. News reports indicate that the driver and occupant left a party at a relative’s house on Yale Road and crashed 10 minutes later. Charges related to this crash are pending.

The Office of Highway Safety, ITD reported 1,367 impaired driving crashes in 2015 out of which 87 were fatalities. Impaired driving is defined under Idaho law at I.C. §18-8004. Only 25% of the passengers involved in impaired driving crashes were wearing a seatbelt. Facts and figures gathered by ITD indicate that impaired driving cost Idahoans over $1 billion in 2015.