Articles Posted in Personal Injury

Tired drivers cause accidents. We have all seen it, and we may have done it ourselves. A tired driver may fall asleep at the wheel. Or he may just lose focus for an instant and make a wrong decision. Drowsiness can impair a driver’s reaction time and even his vision. Drowsy drivers may even be more moody and aggressive than well-rested ones.

Legislation is being considered in some states that would allow police to charge drivers with criminal negligence when an accident has occurred and there is evidence that the driver has not had sufficient sleep. But even if it passes we are not likely to see much enforcement, because drowsy driving is difficult to prove in most cases.

One exception, though, involves over-the-road truckers. A drowsy driver in command of an 80,000 pound vehicle can cause massive damage. So, federal regulations limit truckers in the number of hours they can drive between periods of adequate rest. The regulations also require truck drivers to keep detailed log books documenting their rest periods and driving times, and a driver who goes too long without rest — or falsifies his logbook — can lose his license. In Idaho, it is a misdemeanor charge for a driver to be even a few minutes out of compliance with the federal regulations.

A pedestrian or bicyclist who is struck and injured by a car, truck, bus, train or other vehicle has the same right to seek financial compensation as any other injured person. Indeed, it is often more necessary given that accidents sustained by a pedestrian or cyclist are often more serious than two-vehicle accidents. Oftentimes, accidents involving pedestrians or bicyclists are more complex than accidents involving two motor vehicles. However, we have seen too many pedestrians get talked into believing they somehow are at fault and cannot pursue a personal injury lawsuit. Do not make this mistake. Our experienced attorneys can review the facts of your case during a consultation to determine if you have an actionable case.

These types of accidents often result in injuries that require extensive medical treatment and getting fully compensated from the at-fault party is critical. You have suffered enough. The financial burden of medical costs, missed paychecks and long-term rehabilitation should not land on you.

At the law office of Racine Olson, we will aggressively pursue the full amount you deserve. We are always prepared to go to trial if necessary while, at the same time, we can work toward a reasonable settlement.

A catastrophic injury permanently prevents a person from performing any gainful work. A person suffering from a catastrophic injury is usually left with permanent disabilities for the rest of his/her life. Catastrophic injuries are of such a nature that they leave serious, long-term effects on the victim. They commonly result in serious stress on the victim as well as the victim’s family. In fact, they may result in the need for constant supervision and ongoing medical care for life.

01. What causes a catastrophic injury?

Catastrophic injuries can be caused by almost any negligent act. A catastrophic injury may result in severe disruption to the central nervous system, severe burn injuries, severely broken bones, or loss of sight. These results then affect other systems of the body. Catastrophic injuries include: serious head trauma; amputation; multiple bone fractures; eye injury; brain injury; severe burns; organ damage; spinal cord and neurological disorders which can result in paralysis.

The weather is warming up and by the end of this month will likely reach over 80 degrees. With warm weather comes the use of numerous types of motorcycles and other such open vehicles. Unfortunately, drivers do not watch for these types of vehicles the way they should. However, with a little extra care, they can be used safely.

01. Helmets are required by law.

The most important piece of safety equipment for a motorcycle or other open vehicle rider is a helmet. Twenty percent of motorcycle accidents result in head or neck injuries. Either type of injury can be severe; and both can be fatal. However, when a helmet is properly used, both head and neck injuries are reduced. Idaho Law recognizes this fact and requires that a person under the age of 18 who is using a motorcycle or ATV use an appropriate helmet.

A herniated disc (also referred to as a slipped disc) can occur in people of any age, although most people who receive herniated discs are in their 30’s and 40s’s. A herniated disc can be caused from daily wear and tear, however, it is also a common injury caused in automobile accidents.

The top 3 symptoms of a herniated disc are (1) arm and leg pain, (2) numbness and tingling; and (3) weakness.

The average person’s spine is made up of 33 bones called vertebrae. The spine is divided into the upper spine (cervical), middle spine (thoracic) and lower spine (lumbar). Generally, the upper spine consists of seven vertebrae. The middle spine consist of twelve vertebrae and the lower spine consists of five vertebrae. The remaining vertebrae are in sacrum (located below the lumbar) and coccyx (located below the sacrum). Each vertebrae in the upper, middle and lower spine is cushioned by a disc. Each disc consists of a soft inner portion and a tough outer portion. A herniated disc occurs when the soft inner portion protrudes out of the outer portion. Most herniated discs occur in the lower spine, but they can also occur in the upper spine and even in the middle spine. Herniated discs can be detected using various medical tests, including MRI’s, X-Rays, CT Scans and Myelograms.

Sometimes the pain and disability associated with traumatic personal injury seems out of proportion to the trauma that caused it. A minor accident may cause a significant disability. In Idaho and every state, a person who negligently or intentionally causes personal injury is liable for all of the damages that result, even those that seem to be out of proportion to the act. There have been cases, of course, where people have tried to fake a serious injury to get a recovery. This rarely works, but it does cause problems for those people that have truly been seriously injured in seemingly minor accidents. However, with proper medical diagnosis, the links can be established between major injuries and seemingly minor accidents.

We know, for instance, that a minor impact can cause a whiplash or a brain injury that results in serious damage. Sometimes, even an apparently minor trauma to an arm or leg can also cause serious injuries. Even the injured person might not relate the pain and disability that appears later to the accident that caused it.

Some examples:

When a person is injured by a product in Idaho, it is imperative to get help from a seasoned products liability lawyer. The rules are complicated and the law is unforgiving. This article will explain some of the basics of Idaho products liability law.

First, there are various claims that can be made against a manufacturer. These include strict products liability, negligence, breach of warranty, and a failure to warn. The focus of products liability is on whether the product was dangerous when it left the manufacturer. Strict products liability, negligence, breach of warranty, and a failure to warn can really be placed into categories. These categories are design defects and manufacturing defects.

A manufacturing defect is one which occurs at the factory to just one or two products. In other words, the product’s design is safe, but for some reason, the particular product that injured a person was dangerous. This is usually the result of some negligent act by the manufacturer during the manufacturing process.

A moment’s carelessness with a power tool or a piece of industrial equipment can lead to horrendous injuries and a lifetime of disability. Moments of carelessness happen because people are not machines: they can be distracted, they can flinch at sudden noises, they can forget to tell a coworker that they are about to turn on the power. Any of these things can cause death or injury in the right circumstances.

 We take it for granted in our homes and workplaces that simple, everyday matters shouldn’t result in death or horrible injury. We insulate electrical wires and hide them in walls. We ground power tools. We look for ways that common tasks are likely to result in injury, and come up with ways to prevent them. Our efforts aren’t foolproof, but we have reduced the number of injuries caused by moments of carelessness.

 The potential for modern power tools, industrial equipment, and other products to cause injury in a moment of carelessness makes it imperative that they be designed properly. They must be designed to account for the fact that the operators are human. Many mistakes, many acts of carelessness in the use of a tool or other product, can be anticipated in the design phase. If they can be anticipated, then controls and safety mechanisms can be designed to protect against them. Careful, responsible manufacturers do this religiously, but sometimes they fail.

Lawyers operate under ethical rules that prevent us from representing a client when we have a “conflict of interest.” A lawyer has a conflict of interest when there is something about the case that might prevent the lawyer from representing his client’s interests as zealously as he might. This usually comes up because the lawyer already has a relationship with the other party. For instance, the person you intend to sue might be a client, a relative, or a friend. In that case, the lawyer will almost always have to decline your case.

 If the lawyer is in a firm with other lawyers, she will have to decline the case if any of the other lawyers in the firm have a conflict. Similarly, if the person you want to sue is insured by a company that is a regular client of the firm, the lawyer will probably decline your case.

 That is why lawyers usually want complete information about the other parties involved in a case before talking to you in detail. We must check our records to make sure there is no conflict before talking confidentially with you. As you can see, this is done for your protection as well as the lawyer’s.

One of the more difficult cases to prove is the personal injury case involving a low-speed car crash. A fender bender might not break any bones, but it can produce a significant jolt that, under the right circumstances, results in significant and long-lasting pain that can affect the victim’s quality of life and ability to work.

 What makes these cases difficult to prove is that the injuries don’t show up on X-rays or CAT scans. The injury cannot be seen, it can only be felt. Juries are suspicious of injuries that lack solid objective evidence to back them up, and there have been cases of people faking injuries to get a recovery in a personal injury lawsuit. Nevertheless, it is undisputed that real injuries can result from a low-impact crash. The medical community is able to identify and treat these injuries. The right experts can provide the objective evidence to convince the most skeptical jury.

 To win a personal injury lawsuit in Idaho requires a lawyer who can pull together the medical experts and the evidence and present it in a way that a jury trusts. We have the experience, the expertise, and the reputation to get you the best result in a low-impact injury case .