By Fred Lewis and George Casper
Seat belts reduce the probability of serious injury or death by about half when a car accident occurs. In Idaho, seatbelt laws fall under Idaho Code 49-673 and were first introduced in 1986. The laws have been amended multiple times, with the most recent amendment coming in 2014. This law requires everyone in a vehicle to wear safety restraints. Other provisions under the law include:
Hold Harmless Agreements are often presented to participants in recreational activities, such as climbing walls. Often times, the facility with the climbing wall will require participants to sign a “Hold Harmless Agreement” or “Release of Liability” form before a participant is allowed to use the climbing wall. The general purpose of these documents is to allow the facility to offer the recreational activity to the participants without being held liable for damages sustained by the participant while engaged in the recreational activity.
With respect to adult participants, the general rule is that releases from liability for injuries caused by negligent acts arising in the context of recreational activities are enforceable. The courts have held that hold harmless agreements need not describe the specific conduct or omission that is alleged to be negligent, but may contain language to cover a broad range of accidents by specifying injuries involving negligence on the part of the facility.
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A tort is a branch of law that deals with the civil (not criminal) wrong doings of others. A tort is often described as a breach of the duty that the law imposes upon everyone as to how they should conduct themselves in relation to certain situations, transactions and circumstances. The remedy is usually in the form of compensatory damages, be it special damages (damages you can actually prove by documentation), general damages (intangible damages such as pain and suffering and loss of enjoyment of life, etc.), or both.
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Idaho is not alone when it comes to dealing with bicyclist and pedestrian accidents. All across the country, those who are attempting to live their healthiest are often injured as a result of the neglect of others. In 2012 more than 4,793 people and 726 bicyclists were killed according to the National Highway Traffic Safety Administration. This outrageous number does not include those who are injured, but not killed.
Obviously when one is injured while cycling or walking, there is no protection. The injuries are worse; the medical expenses are higher. The recovery is ultimately uncertain leaving the injured person alone to face expenses even while they are losing income.
When you or someone you love is injured in such an accident, give us a call at (877) 232-6101. We’ll introduce you to our staff and help you to understand that you are not alone. We are on your side; let us help you.
ATVs are great, but they can cause serious injuries when operated unsafely or with faulty equipment. This firm handled just such a case where the injured person was unloading an ATV which belonged to another person. The owner had not told our client of the faulty front brakes. As a result, our client was injured when the ATV flipped over backwards due to the front brake failure. Our client suffered severe facial injuries and was nearly killed. Although recovery was long, the client eventually healed.
Our client was out of work for at least a year. However, we were able to obtain her a favorable settlement through aggressive and thorough litigation. If you enjoy ATVs be safe. If you’ve been injured in an accident involving an ATV, give us a call at (877) 232-6101. We can help.
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By Fred Lewis and George Casper
As we all know, car accidents can cause severe injuries to all people in every vehicle involved. The impact of the crash can cause the head and neck area to whip around violently, which can cause blunt force trauma to the head and neck. This force can cause serious brain injury. Unfortunately, brain trauma is a common outcome of a severe car accident. According to statistics, roughly 34% of brain trauma injuries are due to car accidents and collisions. Medical treatment for these types of injuries can be extremely costly. Brain surgery is very expensive and the amount of money necessary to properly care for someone with severe brain trauma can be staggering.
Brain injuries are also costly on the human side. People are never the same after a brain injury. Those who live with the person with the brain also suffer because many times brain injuries cause the victim to become irritable, confused and unable to do even simple tasks.
By Fred Lewis and George Casper
According to the National Highway Traffic Safety Administration, speeding is a contributing factor in roughly 30% of all fatal crashes. This percentage would increase if non-fatal car accidents that resulted in serious personal injury were factored in. It is quite simple; driving a car recklessly over the speed limit when others are not doing so increases the chance an accident will occur. If you are involved in a car accident with a driver who was cited for any kind of speeding violation, you can file suit against the other motorist in order to pay for the damages of your vehicle. If you are injured, a personal injury lawsuit can be filed on your behalf. At Racine Olson, we combine years of experience with exceptional legal ability to obtain fair compensation for any injuries, vehicle damages, and pain you and/or your loved ones suffer.
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Discovery is the process parties in litigation use to “discover” the information the opposing party has or is aware of that will assist in prosecuting or defending a case. Long gone are the days when a litigant can come to court with a “smoking gun” piece of evidence that the opposing side was previously unaware of (because the information was requested and not disclosed) and use that evidence to their advantage. The primary tools to conduct discovery are through the use of depositions (oral statements given under oath), interrogatories (written statements requiring verification), requests for production (produce documents or other materials), and requests for admissions (admit to the question).
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Following the filing of your lawsuit for the recovery of damages arising from your personal injury action, it is common that the defendant’s attorney will want to take your deposition. A deposition is a scheduled meeting where a witness, accompanied by their attorney if they have one, responds orally to questions from the opposing party’s attorney. Also present in the deposition is a court reporter who assists in reducing the oral testimony to written form for later use in court or for discovery purposes. The purpose of a deposition is to gather information that is relevant to the prosecution or defense of the case.
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Compensatory damages or “actual damages” are those monetary amounts that are awarded to compensate for a proven injury or loss. Compensatory damages are broken down into two sub-categories, called “special damages” and “general damages.”
Special damages are those damages that are readily identifiable through documentation and must be specifically claimed and proved. Some examples of special damages include: medical bills, property damage, lost wages, rental bills, and economic loss.
General damages are those damages that the law presumes follows from the type of wrong complained of. General damages would include: loss of enjoyment of life, pain and suffering, and emotional distress.
Idaho Law Blog