Articles Posted in Personal Injury

By David Alexander

The quick and easy answer is, the drunk driver is responsible to pay your damages. If you are lucky, he will be insured, as the law requires. But most people carry only the minimum insurance required in Idaho of $25,000 per person/$50,000 per occurrence, which may not be enough to cover your damages. Collecting additional money directly from the drunk driver is a questionable venture.

But there may be other persons who are also responsible. Many states have laws, called Dram Shop Acts, which make bars and restaurants liable for injuries which are caused by drunk persons to whom they provided alcohol. In Idaho, the Dram Shop Act is very limited — the alcohol seller is only liable under two circumstances:

As attorneys in Idaho Falls, Pocatello, and Boise, we see car accidents where there are no broken bones, but a person is still injured. Often these type of injuries are referred to as “soft tissue injuries.”

In Idaho, Soft tissue injuries are quite common among car victims. Contrary to popular belief, they can be very serious. Individuals who have severe soft tissue injuries may end up bedridden and unable to work and perform their normal, day-to-day activities. Unfortunately, it can be difficult to find a lawyer who will represent someone with seemingly minor soft tissue injures. This is primarily because some lawyers don’t believe that these types of injuries are compensable. While this is sometimes true, it’s not always. There are Idaho personal injury attorneys who will take on these types of cases and who win them.

What is a Soft Tissue Injury?

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.

There are approximately 252 million cars and truck on U.S. roadways. According to the Idaho Department of Transportation, there were 22,134 vehicle accidents on Idaho roadways in 2014 that resulted in 11,768 total people being injured. Of the 22,134 vehicle accident occurring in Idaho, 6286 occurred in Ada County, Idaho. Not surprisingly, the number one cause of personal injury lawsuits in Boise, Idaho and statewide are caused by vehicle accidents. In Idaho, all vehicle owners are required to have their cars insured to provide fair compensation to victims of car accidents. However, this does not mean insurance companies freely give victims of car accidents fair compensation. Insurance companies are in business to make money, not pay money to accident victims. An experienced attorney can often obtain more compensation for an accident victim, than the victim can obtain dealing directly with an insurance company.

In addition to personal injuries occurring from car accidents in Boise, Idaho, other types of common causes of personal injuries come from medical malpractice, slip and fall or intentional torts. A medical malpractice claim occurs when a person becomes injured or dies because of the negligent act or failure to act of a medical professional. A claim can also arise if a medical professional’s negligent action or inaction makes a prior injury or condition worse. The medical profession is often a doctor, but can also be a nurse, physician’s assistant, physical therapist or even an institution, such as a hospital. As with vehicle accidents, the medical provider is usually covered by an insurance policy for malpractice. Slip and fall accidents usually arise when a commercial store, such as a grocery store, restaurant or retain store, fails to ensure that customer walkways are clear from hazards. In those instances, a store can be liable for the injuries its negligence causes. Other types of personal injury cases in Boise, Idaho involve dog bites. The owner of a dog can be liable for personal injuries caused by his or her dog. Many times, those claims are covered by home owner’s insurance or renter’s insurance. Intentional torts can also give rise to a personal injury lawsuit. An intentional tort is committed when someone intentionally acts to cause injury, such as a battery. While not always covered by insurance, a victim of an intentional tort is entitled to receive compensation from the person who committed the intentional tort. In all personal injury incidents, an experienced attorney from Racine Olson is available for a consultation.

Automobiles provide essential means of transportation for millions across the country and billions worldwide. We depend on our automobiles to perform as expected to safely transport us to our destination. When our car or a vehicle around us malfunctions, the results can be catastrophic, especially when they cause increased injuries. Car manufacturers are required to ensure their vehicles meet stringent safety standards on a federal and state level, but all too often, vehicles are released to the public that fall short of these standards and accidents result.

An automobile that was defectively designed or one containing a defective part can give rise to liability on the part of the vehicle manufacturer or part manufacturer. There have been numerous situations where the design of a vehicle caused or exacerbated an individual’s injuries. These have included airbag injuries, rollover or roof crush injuries, or tire failures.

If you’ve had a problem like this, give us a call. We can help.

The National Highway Traffic Safety just slapped an airbag maker with the biggest fine in the agency’s history, $200 million.

The defective air bags supplied by Takata have been blamed for seven deaths and nearly 100 injuries in the United States. The defective bags have a potential to explode, sending deadly metal fragments flying.　 The Japanese company agreed to recall approximately 34 million vehicles earlier this year.

You can find out if your vehicle is affected by going to the NHTSA site. You will need to provide your Vehicle Identification Number, or VIN, which is commonly found on the driver’s door frame and the driver’s side dashboard near the window.　 The site will also let you know of any other recalls affecting your vehicle.

Most people have heard about the McDonald’s spilled coffee case.　 It was the poster child for what is called tort reform – legislation to cap or limit awards for injuries.　 What most people don’t know is what occurred in that case.

McDonald’s, unlike other fast food companies, served their coffee at a piping 185 degrees, 20 degrees hotter than their competitors. Their apparent thought was that if you took your coffee home from the drive thru, it would still be hot when you got there. They did this despite knowing coffee that hot can cause third-degree burns. And they were aware of some 700 prior incidents of burning customers.

Along came an 81-year-old woman who had never sued anybody before. She was a passenger in her grandson’s car.　 When she opened the lid to add sugar and cream, she spilled the coffee on her lap, resulting in third degree burns on her groin, thighs and buttocks that required skin grafts and a seven-day hospital stay. She suffered permanent scarring on more than 16 percent of her body.

Guns are an important part of life in Idaho. They are used on farms and ranches, for hunting and targets, and home defense. But they are dangerous and must be handled carefully. On November 2, 2015 at a gun show in Garden City, Idaho, a gun accidentally discharged and struck two people.

There are various people who could be held responsible for such an injury. Perhaps it was the person holding the gun. Or, it could have been the vendor or even those responsible for the show. However, this is not really the issue. We all agree that people responsible for a gun must be careful so that those around them will not be injured. Even a small accident can result in terrible injuries or death.

If you need help in this area, let us know. We’ll be glad to help.

Due to increased distracted driving, text messaging while driving was outlawed in Idaho in July, 2012. A person can still text while driving if it is done in the hands-free mode. In addition, a driver can use their cell phone while they are driving if they are simply talking on it. Idaho does have inattentive and reckless driving statutes that law enforcement can use to ensure that people are driving safely while using cell phones.

The real question is whether the use of a cell phone is worth the life of you or a loved one. Of course not. Furthermore, by encouraging others not to engage in this reckless activity, it makes the roads a safer place for all of us. If you or a loved one have been injured, let us know. We’ll be glad to help.

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Negligence is a word used to describe the conduct of a defendant. However, conduct alone does not constitute a cause of action. Generally, to establish a cause of action based upon negligence, a plaintiff must establish:

1. A duty recognized by law requiring an actor to conform to certain types of conduct for the protection of others;
2. A failure to comply with the required standard;