Articles Posted in Personal Injury

On US95 at mile post 447 a two-vehicle crash occurred around 6:35 p.m. on October 23. The collision happened in Athol, Idaho, in Kootenai County. The two vehicles involved were a Hyundai Santa Fe, driven by a 78-year-old woman from Coeur d’Alene, Idaho, and a Toyota Avalon, driven by a 37-year-old woman with her passenger, her 13-year-old daughter, both from Cocolalla, Idaho.

At the time of the accident, the driver of the Hyundai was passing mile post 447 headed south. The other driver, the woman in the Toyota, was headed north when the Hyundai driver veered and crossed the center median, causing the cars to collide head-on.

Everyone involved in the crash sustained substantial injuries. The driver of the Hyundai, who had hit the other car, was transported in an ambulance to the nearest hospital. The driver of the Toyota was also transported to a local hospital by ground ambulance, and her 13-year-old daughter was transported to another hospital by life flight. All 3 individuals involved in the crash were wearing seatbelts. Following the accident, the highway was blocked for roughly three hours.

Yesterday, October 22, a two-vehicle crash occurred on US26 north of Iona. The drivers involved were a juvenile male and a 28-year-old male. They were traveling well after dark, and the crash occurred just before midnight.

The juvenile, driving a white Hyundai Sonata, was traveling eastbound on US26. As the juvenile was traveling past mile marker 340, he veered slightly left, crossing the center line and colliding with the 28-year-old male, who was driving a blue Dodge pickup. The pickup was traveling westbound, and the vehicles collided head-on.

Neither driver was wearing a seatbelt at the time of the accident. Both individuals sustained major injuries that proved to be too great, which resulted in them both passing at the scene. The roadway was blocked for upwards of five hours while emergency personnel cleared the scene. The identities of the men have not yet been released.

East of Bliss at 9:40 p.m. on October 20, a two-vehicle collision occurred on US30, at mile marker 177. The parties involved include a 51-year-old female from Bliss, ID, who was driving a 2022 Audi Q5, and a 34-year-old man from Hagerman, ID driving two children in a 2019 Ford Explorer.

At the time of the accident, the female was driving on US30. She made a left turn to leave the highway and turn onto River Road when she struck the other car. The vehicle struck contained the man and the two children, who were traveling eastbound on US30.

The man driving the Ford was injured and was promptly driven to al local hospital by a private vehicle. One of the two children was critically injured and was transported to a local hospital by air ambulance. No report is given for the condition of the other child and the woman driving the Audi. At the time of the accident, all parties were wearing seatbelts, and the young child was in an appropriate safety restraint. Following this event, both the east and westbound lanes of US30 were blocked for several hours.

On Monday, October 21^st, in Gooding County, a two-vehicle crash occurred on major roadway I84. The crash happened at 2:23 a.m. near Bliss at mile-marker 132.4. The individuals involved in the crash were an 18-year-old male driving a Chevrolet GMT-400 from 1997 in red, and a 32-year-old male driving a 2003 Peterbilt that was hauling a 2021 Wilson trailer.

At the time of the accident, the 18-year-old was on I84 headed westbound when he veered slightly and struck a nearby light pole. The force of the impact was too great, and he was ejected from the vehicle. The pickup then continued to roll through the median, where it came to a stop on the other side of the road in the eastbound lanes, blocking traffic. The other driver, the 32-year-old man who at the time was also headed westbound, came up on the accident and struck the driver who had been ejected and was still on the road.

The boy who had been thrown from the vehicle reportedly did not have a seatbelt at the time of the accident. Due to his major injuries, he passed at the scene. No report is given of the condition of the other driver at this time. Idaho State Police are continuing to investigate this incident.

A two-vehicle crash occurred on October 15, 2024, just north of New Meadows in Adams County. The crash happened at around 7:39 pm on US-95 at milepost 172.9. An 80-year-old man from Riggins, ID, and a 71-year-old man from New Plymouth, ID were both involved in the crash.

The 80-year-old man was travelling northbound in a 1978 Datsun 280z when he failed to negotiate a curve. The other driver, the 71-year-old man, was driving southbound when the Datsun attempted to brake and slid into his 2008 Dodge Ram 1500. The driver was not able to stop, and the cars collided head-on.

At the time of the accident, both drivers were wearing seatbelts. However, the Datsun was not equipped with airbags, causing the driver to sustain major injuries, and pass away at the scene. The other man driving the Ram only sustained minor injuries. The identities of the men have not yet been disclosed. The Idaho State Police are continuing their investigation of the accident.

Last Tuesday on October 15, 2024, a single-vehicle collision occurred on I15 in Oneida County around 4:30 p.m. The driver, a 29-year-old man from the North Logan area in Utah, had a passenger from Pocatello, Idaho, a 34-year-old man.

They were driving a 2004 GMC Sierra southbound on I15 when the driver faltered and started to veer off the right shoulder. In an attempt to remain on the road, he overcorrected causing the car to roll through the other lanes, landing upside down in the median.

Neither man was wearing a seat belt at the time of the accident, resulting in major injuries for both passengers. The driver was transported by air to the nearest hospital. The passenger’s injuries were too great, and he passed at the scene. This incident is still under investigation by the Idaho State Police. The identities of both men have not yet been released.

A 19-year-old and his passenger were involved in a rollover involving only their vehicle on Thursday, October 10^th, 2024. The single vehicle crash occurred at 9:06 p.m., on No Business Rd in Valley County in Idaho.

Both the driver and his 20-year-old passenger are from Donnelly, Idaho. They were driving the 19-year-old’s silver Dodge Ram, when the driver failed to follow a curve in the road and exited the roadway. The vehicle began to flip and ran down into a ditch where it hit two trees and stopped.

The driver sustained major injuries and passed at the scene. The passenger sustained no major injuries. Neither the driver nor the passenger was wearing their seatbelts at the time of the crash.

On October 12^th at 10:17 a.m., a single vehicle crash occurred in Payette county. The driver was a 54-year-old woman from Garden City. She was driving eastbound near milepost 1 on interstate 84.

According to the report provided by Idaho state police, the woman was driving a white 2014 Kia Sportage. At the time of the accident, she was driving westbound when the vehicle went off the left shoulder of the road. The force caused the car to roll into the opposite lanes of travel where it stopped. The report includes that she was wearing her seatbelt. As a result of the location of the car, lanes of the road heading east were blocked for upwards of three hours.

The resulting injuries were too great, and the woman lost her life at the scene of the crash. The incident is under continued investigation by the Idaho State Police. The woman’s identity has not yet been released.

By Stephen J. Muhonen, Personal Injury Attorney, Racine Olson, PLLP

I have been practicing law for more than 20 years. Prior to becoming an attorney I worked in law enforcement for approximately 8 years, beginning first as a police officer for the city of Pocatello, Idaho and concluding as a Trooper for the Idaho State Police. During my tenure in law enforcement, I was initially trained in basic accident investigations. While serving as a State Trooper, I was fortunate enough to also be trained as an Advanced Crash Investigator. This meant being taught how to really give attention to additional details throughout the course of a motor vehicle collision investigation. As a quick aside, I purposefully do not use the term motor vehicle “accident.” In my training I learned that rarely is the occasion when a motor vehicle collision is truly an accident. Motor vehicle collisions generally occur due to some sort of negligence, perhaps even recklessness. Negligence is not an accident. Advanced Crash Investigators are taught concepts of pre and post- accident vehicle speeds and paths. This includes analyzing a crash scene using physics, algebra, geometry and trigonometry. Investigators are also taught to pay attention to road conditions, including drag factor (friction), investigate vehicle conditions, and how to gather and document supporting evidence. Having learned this information and becoming a trained investigator has been invaluable in my role as a personal injury attorney.

If you have been injured and/or your property damaged in a motor vehicle collision, it is wise to seek the assistance of an attorney. In Idaho, bodily injury claims arising from a motor vehicle collision have a two (2) year statute of limitations from the date of the collision. Property damage claims must be brought within three (3) years. If you miss your statute of limitations deadline, you may have very well said goodbye to any claim for compensation you may have had. Through the assistance of an attorney, the police reports and other investigation materials can be gathered and analyzed in attempt to determine liability. Sometimes, experts such as reconstructionists will be retained to further aid in the determination of liability and/or causation of the crash. The attorney will also help in the gathering and analysis of medical records and billings. It is not unusual for the attorney to have to hire medical experts, too, in determining causation of injuries and what will/may be the long-term effect of those injuries. This can be critically important in determining the injuries sustained because of the collision. There is a direct connection between liability and injuries sustained when it comes time to attempt to determine the value of a particular injury claim. An attorney who is experienced in the dynamics of a motor vehicle collision and who has been trained and is experienced in the law, is who you want when it comes time to work with insurance companies toward a resolution of your personal injury claim. Knowledge is power.

By Patrick N. George

Recently the Idaho Supreme Court had an opportunity to discuss premises liability and slip and falls which occur in stores. The case is called Brooks v. Walmart Stores, Inc._Idaho_, _p.3d (2018). In this case, Walmart and Rug Doctor had an agreement where customers at Walmart could rent carpet cleaning machines. The process by which a customer obtained the rental was self-service. On the day of the accident, Brooks went to Walmart to purchase some wood chips for her yard. When she went to a cashier, she was directed to customer service. From there she was escorted towards the garden center. As she walked towards the garden center, she passed the self-service Rug Doctor kiosk and slipped and fell due to a puddle of water that had formed and had come from the Rug Doctor kiosk. As a result of the fall, Brooks was injured.

The Supreme Court noted that in an action for negligence Idaho has four elements;