Articles Posted in Personal Injury

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;

Joint and several liability arises in those occasions where there are multiple participants engaged in negligent conduct. If a third person is harmed because of the participants negligent acts, each participant is liable for the harm to the third party because by participating in the negligent act, they induced, encouraged, or help cause the resultant injury and damages.

By way of example, if two cars are racing side by side on a two lane road, one lane in each direction, and the car driving in the opposing lane collides with another vehicle traveling the opposite direction, not only is the driver who was driving on the wrong side of the road liable, but so is the other car driver who was racing, but was in its own lane and did not crash into the third party.

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The United States Centers for Disease Control and Prevention has stated that car accidents are the leading cause of injury and death in our country. Drunk drivers, distracted drivers, and other negligent drivers can cause an accident when you least expect it leaving you injured or worse. Often there is nothing you can do to protect yourself against injury other than wear seatbelts and make sure your children are in safety restraints.

You can also guard against accidents by knowing where the danger spots are along your route. For instance, in Pocatello, Idaho the most dangerous intersection is located at the Benton overpass and 2^nd South. Over a 5 year span, there were 35 accidents in that location. Groveland Road and Highway 26 in Bingham County is another particularly dangerous spot.

Regardless of the circumstances, we are here for you. If you are injured in an accident in Idaho, give us a call at (877) 232-6101. We’ll review your case, introduce you to our team of lawyers and other professionals. In short, we’re here to help you.

The King cannot be sued.  Fortunately, the United States is not ruled by a King. However, the Federal Government does have immunity to many types of lawsuits and has set forth specific rules that must be followed before a lawsuit can be filed against it. In order to sue the Federal government for most personal injuries and numerous other matters, a claim must be allowed by the Federal Tort Claim Act (FTCA).　 The FTCA limits the types of lawsuits that are allowed. The FTCA also requires that a claim must be filed directly with the agency alleged to have caused the injury prior to filing a suit in Federal Court. The claim must be filed with the agency in a very specific form and generally within two years of the accident. The Federal agency then has six months to accept or decline the claim. After the claim with the agency is completed, a party can sue in Federal Court.  The lawsuit in Federal court must be filed within a specific amount of time and is generally limited to amount of damages sought in the direct claim with the agency.　 For more information, contact Racine Olson today.

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One of the biggest factors an insurance company uses to determine how much money it will pay to settle a personal injury claim is the amount of the medical bills and what is contained in the medical records.　 No insurance company will settle a claim prior to reviewing the medical records and medical bills.　 If a doctor’s visit does not specifically reference the injured parties’ accident, the insurance company will likely claim it is not related to the accident.　 It is very important to advise your medical provider that you are there because of injuries you received in the accident.　 Also, sometimes medical providers make mistakes in the medical records.　 It is very important for you and your attorney to review medical records soon after they are created.　 For more information, contact Racine Olson at (877) 232-6101.

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There are a myriad of reasons as to why individuals may become involved in disputes with their own insurance company. One such example though is during the course of handling a personal injuryv action, and after collecting insurance policy limits from the at-fault party, an injured party is required to turn to their underinsured motorist insurance policy for additional damages recovery. After seeking to recover from an injured party’s own insurance policy, sometimes disputes arise as to the terms of the insurance policy. These disputes, unfortunately, can lead to additional litigation for the injured party, in addition to the underlying litigation that gave rise to the damages in the first place. In many insurance policies there is an arbitration clause. This arbitration clause is part of the insurance policy agreement between the insured and the insurer, where both parties had agreed that in the event a dispute arose as concerning the insurance policy, said dispute would be resolved in arbitration. Arbitration is the process where, usually, an agreed upon, neutral third party is presented with arguments from both parties and then makes a decision that is binding on both parties. The decision of the arbitrator details the rights, duties, and liabilities and provides resolution for the parties involved, allowing them to move forward in bringing resolution to the disputes without the need of additional, costly litigation.

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Idaho law requires the drivers of motor vehicles to operate them at a speed and in a manner that is no greater than the conditions allow and having regard to the actual and potential hazards then existing. Stated otherwise, when roads are snow covered, even though the posted speed limit may be 45 mph, that does not mean that a driver is operating his vehicle lawfully if he is driving 45 mph. Operators of motor vehicles must adjust their speed in accordance with the weather and road conditions at the time, even if that means traveling well below the posted speed limit. The driver must make the necessary adjustments to be able to navigate, slow and stop their vehicle safely.

Drivers of motor vehicles who do not operate their vehicles in a reasonable and prudent manner and cause damage to others can be held liable for their negligent and even reckless conduct.

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