Articles Posted in Personal Injury

The nationwide non-profit public safety program “Operation Lifesaver” was implemented to raise awareness and promote education to keep citizens safe at train crossings.  The program began in Idaho in 1972.  Each year the Idaho State Police (ISP) conducts its “Cops on Trains” to spend the day patrolling railroad crossings and stop motorists who try to drive past lowered crossing gates and/or around barriers.

Travis Campbell, the Operation Lifesaver coordinator for Idaho, says “Cars are not built to be taking impacts for trains.  The weight ratio between your car and a soda can is about the weight ratio between the train and your car.”  The odds of surviving a crash with a train are 4,000 to 1.  When a law enforcement officer is dispatched to respond to a vehicle versus train crash, they anticipate fatalities.  Operation Lifesaver spreads awareness through the three Es:  Education, Engineering, and Enforcement.

Vehicle versus train crashes are totally preventable.  In Idaho it is unlawful to pull out in front of a train that is 1500 feet of a crossing or is dangerously close to the crossing.  It is also unlawful to drive any vehicle around or under any crossing gate or barrier. See I.C. § 49-648.  When you see the flashing lights at a rail crossing, HIT THE BRAKES and STOP.  Do not try to cross the tracks with a train approaching.  That train you see approaching is closer and moves faster than you think.  Never take a chance to try to beat the train; it is better to arrive late than not at all.  Additional information about Operation Lifesaver and Rail Safety is available at www.oli.org

Recent news reports from the Twin Falls area highlight concerns regarding school zone safety for young students.  Parents living within the Rock Creek Elementary school district express the need for improvements on Grandview Drive North since a portion of the road does not have sidewalks.  Although bus routes have been changed to accommodate the students living in the Hometowne Place subdivision, many students prefer to walk or ride their bicycles to school.

Children walking or riding their bicycles to school can be unpredictable since they do not recognize the potential dangers involved in sharing the road with motorists.  The speed limit in school zones is 20 mph.   Drivers who do not obey the posted speed limit will be fined a minimum of $75 pursuant to I.C. §49-658.  In most jurisdictions, additional court costs and fees apply which increases the total penalty and costs from $116.50 to $151.50.

Nearly 1/3 of the pedestrians killed each year is between the ages of 4 and 14 and involved a pedestrian v vehicle crash.  It is important for parents to talk to their children and encourage safety by following simple rules, such as:  a) cross the street at intersections, never from behind parked cars or in the middle of the block; b) know what traffic signals mean; and, c) cross the street only when the “Walk” signal is lit up.  A number of school zones have yellow flashing lights when children are present.  However, children should be aware that not all drivers slow down for the flashing lights.

By Joseph Ballstaedt

Every potential lawsuit has a “statute of limitations”—a time period in which the lawsuit can be filed in a court. If it is not filed within this time, the lawsuit expires and is forever barred. For example, in Idaho, if you are injured in a car accident, you have two years to file a lawsuit against any party who injured you. If you fail to do so, you must bear the burden and expense of your injuries alone. Any party who caused or contributed to your injuries is off the hook. The law doesn’t care whether you knew about the statute of limitations; your claim still expires.

Statutes of limitations may seem unfair, but there are many compelling policy reasons behind them, such as encouraging people to promptly enforce their rights, minimize deterioration of evidence, reduce the volume of lawsuits in courts, and to promote peace of mind (after some point, a person who is worried about being sued should know he is in the clear).

With Idaho’s population growth and the increased traffic demands being placed on our roadways, construction zones are everywhere! The Idaho Transportation Department’s (“ITD”) research over the past several years indicates that 4 out of 5 construction zone accidents involve drivers or passengers, not construction crew workers like most of us believe. Nationally, 82% of the construction zone fatalities involve drivers and occupants in motor vehicles. ITD offers various safe driving tips for motorists while traveling in construction zones.

Construction zones are inconvenient and slow down the flow of traffic. Commuters traveling on I-84 across the state are painfully aware of the congestion and delays caused by work zone related traffic pattern changes and speed reductions. Drivers can keep the flow of traffic moving by merging properly and obeying posted speed limits. I.C. §49-657 has a fixed penalty for work zone violations of $50.00 and when additional fees are added, the average fine totals in excess of $100.00. Speeding is a major contributor to crashes in construction zones.

Rear-end collisions are the most common type of crash in a construction zone. Always keep a safe distance between you and the vehicle in front of you. Take it easy, be courteous, back off and don’t tailgate. Stay alert and keep distractions at a minimum. The construction crew and flaggers also want to remain safe and complete their work shift free from accidents and injuries.

For those with teen-aged drivers in your household or extended family, National Teen Driver Safety Week is approaching on October 16 – 22, 2016. Communities, law enforcement agencies, teens, parents, school administrators, and employers can all share information to promote actions that will keep teens safe while driving. In the U.S., vehicle crashes are the leading cause of death for 15 to 19 year-olds.

The most common danger for teens is distracted driving due to cell phone usage. Distractions increase the risk of crashes and death. Many states have implemented distracted driving laws; however, 1/3 of teens admit to texting or emailing while driving. 19% of the distracted drivers under the age of 20 who were involved in fatal crashes were using their cell phones.

Parents and teens can sit down together, discuss safe driving habits, and then establish solid rules and limitations before your teen is allowed to adventure out on his/her own. The Centers for Disease Control and Prevention (CDC) created a “Parent-Teen Driving Agreement” that puts such rules into writing. This agreement can be downloaded at: www.cdc.gov/parentsarethekey Go over the agreement with your teen driver, discuss consequences with them and above all, set a good example while behind the wheel.

The Magic Valley News reports that a 63 year-old male from Jerome has died as a result of a three-car crash on I-84 east of Twin Falls on Thursday evening, October 6, 2016 at approximately 8:15 p.m.

The Idaho State Police states that the decedent, Randy Hansen, was driving a 1994 Ford Ranger pickup that was struck from behind by a 2013 Toyota 4Runner. Hansen’s pick up drove through the median into the eastbound lanes of I-84 and then struck a 2007 Toyota Sienna. Hansen was transported by ambulance to St. Luke’s Magic Valley Medical Center, as were other injured parties in the crash. Hansen died from his injuries at the hospital. Police are continuing to investigate the accident.

The NHTSA estimates that seat belts reduce the risk of fatal injury by 45% to 60% depending on the type of vehicle and where the occupant is seated in the vehicle. Within the last 5 years, 688 unrestrained Idahoans were killed in traffic collisions as reported by ITD.

41 year-old Angel Martinez Pedraza died during the early morning hours on Thursday, September 29, 2016. The accident occurred on Yale Road in Cassia County and is currently under investigation.

The Magic Valley News reports the driver of a late model SUV left the roadway, over corrected and rolled the SUV. Martinez Pedraza, who was a passenger in the SUV, was not wearing a seat belt and died when he was thrown out of the SUV after it rolled. News reports indicate that the driver and occupant left a party at a relative’s house on Yale Road and crashed 10 minutes later. Charges related to this crash are pending.

The Office of Highway Safety, ITD reported 1,367 impaired driving crashes in 2015 out of which 87 were fatalities. Impaired driving is defined under Idaho law at I.C. §18-8004. Only 25% of the passengers involved in impaired driving crashes were wearing a seatbelt. Facts and figures gathered by ITD indicate that impaired driving cost Idahoans over $1 billion in 2015.

On Saturday, September 25, 2016 the Nampa Fire Department Chief Karl Malott was critically injured after a crash occurred on I-84 near the Sand Hollow exit. Chief Malott’s Harley-Davidson motorcycle rear-ended a red sedan while traveling on eastbound I-84. Malott was thrown from his Harley as a result of the impact. Malott was not wearing a helmet. Malott was flown to St. Alphonsus Regional Medical Center where he was listed in critical condition until yesterday when the local news reported that he had been moved from ICU since his condition has improved. No one in the sedan was injured in the crash.

The ITD (“Idaho Department of Transportation”) Motorcycle Operator’s Manual reports that 1 out of 5 motorcycle crashes results in head or neck injuries. Head injuries account for the majority of the serious and fatal injuries to motorcyclists. Injuries can be avoided and/or reduced by wearing a helmet. Riders wearing helmets are 3 times more likely to survive head injuries than those that who do not wear a helmet.

A major factor in motorcycle crashes is following too closely. Motorcycles need the same amount of distance as cars to stop safely. A minimum 3-second rule following distance is recommended; however, a longer distance is required for higher speeds. A longer distance also allows the rider to have a better view of any hazards on the road ahead.

ITD Board to Hold Subcommittee Meeting in Pocatello on 10/3/2016

The Idaho Transportation Department (ITD) is responsible for all highways on the State Highway System, such as interstates, state highways and U.S. routes. On Monday, October 3, 2016 at 1:30 p.m., the ITD Board will hold a subcommittee meeting in Pocatello at the ITD offices located at 5151 South 5^th Avenue. This subcommittee meeting will discuss an application to allow trucks weighing up to 129,000 pounds on a section of U.S. 30 in eastern Idaho. Subcommittee meetings have been held in other parts of the state to review and analyze the request to allow the increased weight on non-interstate, state-maintained highways. The ITD and a subcommittee can reject or approve the requests for new routes. For more information regarding the request to increase truck weight, go to: http://itd.idaho.gov/129K/default.htm.

In 2003, the Idaho Legislature passed House Bill 395 to create a pilot project that would test the effect of legally increasing the weight of trucks from 105,500 pounds to 129,000 pounds on 16 specified routes in the State of Idaho. Later in 2005 and 2007, 19 routes were added. One of the tasks of this pilot project was to study this increased legal weight upon roadway safety.

By Patrick George

When you rent a car, there is understandably a certain expectation that the vehicle will be provided in good mechanical repair, and with safe tires which are relatively new and have good tread. Idaho roadways are packed with leased vehicles from numerous rental car companies with very recognizable names due to our picturesque scenery and vacation places. While rental car vehicles are typically washed and vacuumed, and even delivered with a fresh new scent or pine smell, they are not always delivered with the same high quality tires, engine repair, and other vehicle needs that we have come to expect.

More than one case has been brought against a rental car company in connection with accidents that were allegedly caused by low tire tread resulting in a hydroplaning event or a lack of traction on slick or snowy roads. Imagine the surprise and dismay experienced by those who were injured, or their family members, when it was learned that the tire tread on the rental vehicles had been worn down below the level recommended in the safety manuals generated by the very rental car companies that had leased the vehicles. Consider the last time you actually checked the tread on a rental car. And yet, so often it would not be something that you wouldn’t trust on your own vehicle.