Articles Posted in Personal Injury

Several accidents were reported during the morning commute on I-84 Thursday morning, December 22^nd.  As dense fog and freezing fog rolled into parts of the Treasure Valley,   motorists were instructed by ISP, ITD and local police departments to be sure to slow down.  Visibility was reduced in certain areas to a quarter of a mile.

An accident occurred on eastbound I-84 at milepost 36 near the Franklin exit in Nampa shortly before 6:30 a.m. which blocked the two left lanes of travel.   ISP continues to investigate the cause of the crash; however, it is likely that weather and road conditions were contributing factors.

Fog can be quite dangerous, especially when temperatures dip below freezing.  Fog can freeze instantly on exposed surfaces forming black ice on roadways catching drivers off-guard.  Drivers should reduce their speeds to give themselves time to react if hazards appear.  Never use your high beams which cause a glare but rather turn on your low beams so that other drivers can see your vehicle.  Stay focused on the road and follow the lines to ensure that you remain in the proper lane.  Remember to leave plenty of distance between your vehicle and those in front of you to account for sudden stops, hazards and/or changing traffic patterns.

By Patrick N. George

Accidents are almost never just a simple matter of one person being at fault and paying for the injuries caused. Usually both parties bear some responsibility and attorney’s, judges, and ultimately juries are the ones who end up assigning the percentage of fault to each side. The case is presented to the jury and it compares the fault and adds the percentages up to 100%. When the plaintiff or injured party is compared to the defendant, his or her fault reduces the amount recoverable. In other words, if he is 25% negligent in causing the accident and the defendant is 75% liable, the plaintiff’s jury award will be reduced by 25% giving only 75% to the injured party. This principle is known as the rule of modified comparative fault.

Thirty-three states observe the rule of modified comparative fault. Each is free to interpret it differently. Idaho follows the 50 percent bar rule. This means that a victim may only recover damages if he or she is found to be responsible for 50 percent or less of the accident.

By Patrick N. George

As could be expected, with the rise in bicycling, there has been a corresponding increase in injuries. A recent study showed that this increase even in the number of adult bicycling injuries between 1998 and 2013. Pocatello, Idaho has seen its own tragedies when it comes to bike riding when a well known and beloved physician in the area was seriously injured. One study involved data gathered from the National Electronic Injury Surveillance System and combined with U.S. Census information. The study showed that the increase is, in part, the result of increasing injuries in cyclists that are older than 45 years of age. This comes as no surprise given that cycling in that age group is becoming more and more popular.

The increase in injuries to older riders is substantial. When one compares 1998 and 1999 to 2012 and 2013, an increase in cyclist injuries was 28%. When looking at age groups, those injured in an accident who were over 45 increased from just 23% to 42% of the total injured riders. Worse, the hospitalizations involving this older group of riders increased from 39 % to 65%. One analyst has surmised that the speed of these bicycles is in large part responsible for the more severe injuries and the higher number of hospitalizations.

By Patrick N. George

Once again temperatures have dropped below the freezing point this here in Idaho. This means that drivers and pedestrians must again be aware of the possibility of black ice on roads, bridges, and melting snow along the sides of roads.

Drivers are often not cautious enough about slick roads and can quickly lose control of their automobiles. The reality is, even experienced drivers and automobiles with good tires can be at risk of having an accident if they encounter black ice or other slick conditions on roadways. Oftentimes people drive carefully when snow is falling, but do not exercise the same caution when a road could be icy.

By Patrick N. George

Deadly road rage accidents can happen at any time. Responsible residents everywhere wonder what they can do to curb road rage. To make our roads safer and reduce road rage, there are a couple of situations we need to recognize: first, we need to be mindful of our own aggressive driving behaviors and second, we need to recognize aggressive driving by those around us.

Recognizing the aggressive driver in You

By Patrick N. George

Trampolines and trampoline parks are fun, but they can be dangerous. Trampoline park-related injuries have risen as the popularity of indoor jumping has spread.

A new study in pediatrics found that trampoline parks in the US have increased from 40 in 2011 to 280 in 2014. As one might imagine, injuries have also increased. In fact, trips to the emergency room due to injuries at trampoline parks have increased dramatically from 580 in 2010 to about 7,000 in 2014, the last year of the study. Interestingly, the study found that injuries from home trampolines remained constant over the same study period. As one might expect, those injured at these trampoline parks are more likely to be males around the age of 13.

By Patrick N. George

BURNS

It doesn’t matter whether a person has been involved in a car accident, a product liability accident, or employment issue, burns are often one of the major causes of injury to a person. They can also be extremely painful, serious, and cause the most scarring of all the injuries. Most patients suffering from extensive burns will spend lengthy periods of time in hospitals, and incur thousands of dollars in medical costs. Then after all of this, the victim can still end up with permanent injuries.

The ISP report a fatality crash happened on Monday, December 19, 2016 at approximately 7:30 p.m. which caused a pile-up on westbound I-84 near Jerome.

Joseph Edwards, 33 years old of Gooding, was traveling westbound on I-84 in a 2001 Nissan Pathfinder when he lost control of the SUV, struck the guard rail and then was struck by a semi hauling two trailers, and a 2004 Chevrolet Cavalier driven by a Filer woman and a Volvo semi pulling a single trailer.

Edwards died at the scene. His passenger, Shauna Edwards of Gooding, was transported by ground ambulance to St. Luke’s Magic Valley in Twin Falls, and later transported by air ambulance to St. Alphonsus in Boise. Her condition is unknown at this time. ISP is not clear whether or not passenger Shauna Edwards was wearing her seat belt when the crash occurred. The other drivers and occupants involved in the multi-vehicle accident were their wearing seat belts.

A FASTLANE (Fostering Advancements in Shipping and Transportation for the Long-term Achievement of National Efficiencies) grant which was previously denied to ITD and the Community Planning Association of Southwest Idaho has been resubmitted to acquire funding to widen I-84 from 2 to 3 lanes between Franklin Boulevard and the underpass at Karcher Road in Nampa.  $850 million is available to applicants in this grant program.

In a five-year period from 2010 to 2014, I-84 had 96 crashes around the Northside Boulevard area.  ITD statistics indicate there were 4 serious injury crashes, 11 visible injury accidents, 6 possible injury crashes and 24 property damage crashes within a quarter-mile of the Northside Boulevard exit on eastbound I-84 during this time period.  On westbound I-84 within a quarter-mile, there was 1 serious injury crash, 5 visible injury crashes and 19 property damage crashes.

Traffic data shows that almost 80,000 vehicles travel on this stretch of I-84 during an average weekday.  The safety risks and congestion problems warranted the evaluation and goal to improve the interstate.

The Idaho Department of Transportation (“ITD”) launched its second annual Winter Safety Campaign “Prepare – Be Aware” to alert and educate drivers regarding safe driving during the winter months.

As the first snow fell in various locations throughout the state, many accidents have been reported with injuries and fatalities.  On December 6^th, a 37 year-old, Brandy Romero from Twin Falls, was killed on westbound I-84 west of Burley when her vehicle left the road and rolled.  Romero, who was not wearing a seat belt, was ejected.

Another fatality occurred on U.S. Highway 95 at milepost 58.5, south of Fruitland on December 7^th.  50 year-old Christopher Lowe of Caldwell was driving southbound on the highway when he failed to negotiate a curve, went off the side of the road, down an embankment, struck the side of a dirt driveway and went airborne.  The vehicle came to rest in a field on the west side of the highway.  Lowe was also not wearing a seatbelt and had died from his injuries by the time the crash was located.