Articles Posted in Personal Injury

By Patrick N. George

Some of the very worst accidents and injuries can occur when collisions occur between passenger cars and commercial semi trucks and trailers. However, there are things you can do to protect yourself.

Be cautious when making turns. This is especially true when making a right hand turn. When a passenger vehicle makes a right hand turn the back end of the vehicle follows closely after the front end. This is not true of a large semi. When that vehicle makes a right hand turn, the rear end turns far behind the front end and cuts the corner at a much tighter angle. If a passenger vehicle does not recognize this and makes the turn at the same time, the rear end of the semi can end up colliding with the passenger vehicle. Be careful in this situation.

By Patrick George

Summer is nearly over, fall is in the air, and kids are headed back to school. Here are some ways to take the worry out of whether your children are safe.

First, select the right backpack for your child. Children seem to have more and more school supplies. In addition, they get books at school and more papers. It would be easy just to get backpack with the latest superhero, the coolest colors, or the cheapest one. Remember however, this is the backpack that will need to last throughout the entire school year. You want it to last. Second, make sure it has reflective materials on it. As the daylight hours get shorter and darkness comes faster, it is important to make sure that everyone can see your child.

By now, most people know that wearing a seatbelt is safer than not wearing a seatbelt. The use of a seatbelt can reduce the risk of serious vehicle accident injuries, including death, by approximately fifty percent. The use of a seatbelt during an accident can prevent a person from hitting the windshield, prevent a person from being thrown from a vehicle and prevent a person from being thrown around inside a vehicle. Despite this fairly common knowledge, not everyone wears their seatbelt every time they get into a vehicle.

In Idaho, with few exceptions, it is illegal to operate or ride in a motorized vehicle without wearing a seatbelt. The fine, however, is not significant. Idaho law only allows the state to fine a person not wearing a seatbelt ten dollars. Additionally, enforcement of the law is a secondary action which means a person cannot be stopped or detained for not wearing a seatbelt. The fine is only enforceable if a person is stopped for some other violation. While the threat of a ten dollar fine may not be a large financial incentive to wear your seatbelt, Idaho’s personal injury laws do create a very large financial incentive to wear your seatbelt. Under Idaho’s personal injury laws, a person injured in a motor vehicle accident may have his or her damages reduced by the amount of damages caused by not wearing a seatbelt. For example, if a person becomes injured by someone running a red light, the injured person has the right to receive compensation for any injuries caused in the accident. If, however, the injured person was not wearing a seatbelt, the amount of compensation could be reduced by the percentage of the damages caused by not wearing a seatbelt despite the fact that the other driver was 100% at fault. Although different in each case, the inured party’s damages could be reduced by tens of thousands of dollars or even more. Therefore, it makes financial sense to wear your seatbelt in Idaho.

In a personal injury case there are two categories of damages: The first is commonly called “economic” damages; while the second is known as “noneconomic” damages. Both of these categories should be considered and discussed with your attorney to fully maximize the value of your case.

What are economic damages?

01. Economic damages are the compensation you receive to replace money or property you may have lost as a result of the accident. These damages include money to replace or repair your vehicle, medical bills, lost wages, money to pay household services if you can no longer do them yourself, and lost future wages. In a wrongful death case, economic damages also include funeral expenses.

If you have been in an accident and suffered an injury to your head, then you have to be aware of the dangers this may pose. Sometimes injuries of this type do not become evident for days, weeks, or even months. This makes it even more important to discuss possible additional injuries with your physician and refrain from settling your case until your doctors are satisfied that no such injury has been sustained.

What is the risk?

01. The national Center for Biotechnology Information has stated that it is possible for you to suffer a stroke after an accident occurs. Studies show that the more damage there is to the skull, the more likely it is for this phenomenon to occur. If you have suffered a concussion, skull fractures, or brain damage, you should notify your physician and those you live with and love immediately. This allows you, your doctor, and others to monitor your health and be on the lookout for anything out of the ordinary. It seems to go without saying that you should not let the possibility of a stroke go unmonitored.

Making the decision to place a loved one in a nursing home can be difficult, even emotionally traumatic, for both family members and for the person who is actually entering this new residence. The last thing anyone wants to learn is that their loved one has fallen.

What is the risk for a fall?

01. In the U.S., around 1,800 people die in nursing homes from falls each year according to the Centers For Disease Control. In Idaho, just like other parts of the country, older people are more susceptible to general and physical harm from falls. In addition, the severity of the harm is greater to these more fragile family members. Your relative may fall due to the fact that mobility is decreased as a person ages. Diminished gait and mobility problems account for 24 percent of nursing home falls according to the CDC. New medications can also affect one’s ability to move from one place to another.

The speed limit on several portions of the interstate system in Idaho is as high as 80 mph. Said otherwise, in those 80 mph sections, motor vehicles that travel at that speed are traveling at 117 ft./s. That is fast.

Scattered throughout the interstate are little “lanes” across the median, also known as emergency crossovers. These crossovers are designed and in place for authorized vehicles only, such as law enforcement, EMS, and maintenance crews. The drivers of these authorized vehicles are trained to use these crossovers safely due to a heightened danger to motorists on the interstate when they are used.

Crashes and resulting personal injuries are a common occurrence as non-authorized vehicles, or members of the general public attempt to use these cross-overs rather than using designated exits and on-ramps. The dangers arise as the motorist, who is presumably in the left, “fast” lane, slows down in order to enter the cross-over. Traffic approaching from the rear is coming up fast and because of the rapid pass of distance due to speed, the ability to perceive, react, and slow down is all extended. It is very common for these slowing motorists to be rear-ended, resulting in injury and death.

Unfortunately, not all drivers are responsible; some drink and drive or are otherwise impaired. Drunk drivers are not just out there on the weekend. You can find them on the roads at any time, day or night. You must remain vigilant in order to avoid such drivers. How can you keep safe from these drivers? Look for the following signs:

• Sudden braking
• Weaving across the lane, crossing the lines, and overcorrecting

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.