Articles Posted in Personal Injury

By Patrick George

Often the idea of an unmarked crosswalk is misunderstood or misapplied. The lack of understanding this concept can lead to tragic and even fatal accidents between vehicles, pedestrians, and bicyclists. Fortunately Idaho has specific laws to govern the responsibilities of the various users of this area of the road.

Most everybody knows that they must watch for pedestrians in marked crosswalks. These marked crossings often have signs, white paint on the roadway, and even flashing lights to alert drivers to the potential of pedestrians. Drivers know that they should stop for pedestrians and bicyclists. Other drivers are alert to the fact that if one vehicle is stopped at a crossing, it is illegal to pass. What about unmarked crosswalks?

Augustin Rangel, a 55 year-old farmer from Caldwell, Idaho died from personal injuries he sustained when a van tried to pass two slow-moving tractors, including the one he was operating, which caused an accident on Homedale and Beet Roads in Canyon County, Idaho, on Sunday, September 25, 2016. Several other injured people were transported to local hospitals as a result of the car crash. The car accident is still under investigation.

Idaho law enforcement agencies have issued statements reminding drivers to use caution, be patient and slow down while driving on the roads during the harvest season when farm vehicles are present. Farmers have the same rights to operate their equipment on the roads as other motorists do. Drivers should move over, slow down and if necessary, stop and allow the farm equipment to pass. Farm Bureau agencies teamed up with law enforcement to spread public awareness of the dangers in rural areas while the harvest of potatoes, corn, onions, sugar beets, wine grapes and seed crops continues for the next several weeks.

According to the Idaho Department of Transportation, there were 12,383 aggressive driving crashes in 2015; 77 resulted in fatalities. 70% of the fatal aggressive driving crashes occurred in rural areas. Aggressive driving can include failure to yield the right of way, exceeding the posted speed limit, driving too fast for conditions, and following too closely. The Idaho State Police urges motorists to: “Be alert, be patient, stay alive.” In most instances, accidents can be prevented: take your time, yield to slow-moving vehicles, allow a safe stopping distance, and be mindful of changing road conditions.

By Rachel Miller

• Your health and safety and that of your passengers and other individuals in the other car have to be first. Treat injuries and call 911 if necessary.
• Call the police. Officers will investigate the scene of the accident. Their report can be an important part of an insurance claim and will document that the accident occurred. They will identify the other driver. (The last thing you want is to decide to handle it without the police and then get wrong contact information from the other driver.) You are not required to incriminate yourself in a police investigation. You can choose to give only your vehicle registration, proof of insurance, and driver’s license. However, if you choose to do so, expect greater scrutiny and possibly a citation. What you say will be put in a police report and used to decide who, if anyone, should be cited. Tell the truth. But don’t guess, speculate, or assume. Don’t apologize. Don’t assume responsibility for the accident. If you decide to speak, stick to the facts, and only the facts. Answer the police question as briefly and directly as possible.

By Joseph G. Ballstaedt

Let’s suppose you own a truck, and let’s also suppose your neighbor Bill does not. One day, Bill knocks on your door and asks a favor. He just purchased a new couch, and he has no way of transporting it from the furniture store to his house. He asks if you’d be willing to lend him your truck. You’ve known Bill for years and that he’s a good driver, so you say yes. Bill takes your keys and is on his way, and before long, the bad news arrives. While driving to the furniture store, Bill ran a stop sign and broadsided another car. Under these circumstances, can you be held responsible for the damage and injuries Bill has caused?

Yes, under Idaho law, you can be held responsible for Bill’s negligence. Idaho statues explain that if you give another person express or implied permission to use your motor vehicle, and that person negligently crashes while using your vehicle, you are liable for any resulting death, injury, or property damage. However, your liability under these laws of “imputed negligence” is limited by statute to the greater of 1) $50,000 for bodily injuries or deaths to multiple persons (a $25,000 limit applies if only one person is injured or killed) and $15,000 for damage to property or 2) the limits of your liability insurance.

By Joseph G. Ballstaedt

What if an Idaho driver suddenly loses consciousness or experiences a completely debilitating medical condition–such as a heart attack, a stroke, or a seizure–and this condition leads to a car accident? Is the driver liable for resulting damages and injuries?

Under Idaho law, a person is negligent and responsible for any harm he causes if he does not use ordinary care in keeping others and their property safe. In making this determination, one must simply ask, how would a reasonably careful person act under the circumstances? Answering this question can be a little tricky when a car accident occurs after a sudden and debilitating illness. The law of negligence only holds people accountable for foreseeable injuries, and a reasonably careful person cannot foresee every harm he might cause. For example, if a driver has never had a seizure or experienced symptoms that might lead to a seizure, but one day crashes due to a sudden and unexpected seizure, he probably didn’t act negligently and therefore won’t be held liable for any damages. On the other hand, if he had seizures in the past or had reason to believe he might have a seizure in the future, he might be held responsible.

By Rachel Miller

Generally, no. If you are in a car accident, whether minor or severe, you can expect that the insurance company for the other driver will contact you. They will often be polite and professional and may even say that they just want to help you. They will often even ask you to make a recorded statement. It can be tempting to talk to the opposing driver’s insurance – particularly when the other driver was at fault. However, generally speaking, victims of car accidents should not speak to the other driver’s insurance. They should particularly not agree to give a recorded statement. Remember, you are not obligated in any way to speak to the other driver’s insurance or to give a statement.

It is important to remember that the insurance company of the other driver has no obligation to you. Their job is to represent the interests of their insured and their company. They are seeking to minimize the amount of money that they will have to pay for the accident. They do this by asking you questions that will elicit answers showing that (1) you were partially or entirely at fault for the accident; and (2) you did not have injuries or your injuries are only mild. The answers you give will be used against you to evaluate your claim. Your answers will also be used against you at trial if the case proceeds through litigation. Under Idaho law, your answers are not considered hearsay.

By Rachel Miller

Aaah. Fall. Autumn. Changing colors. Crisp air. Back to school. Fall sports – football, soccer, volleyball, cross-country. Is there anything not to love about the fall season? However, with back to school and fall sports often comes the obligatory Assumption of Risk/Release of Liability form that your child brings home to participate in the above school sports (or many other school activities). You may have also have signed them in connection to participate in other activities such as amusement parks, trampoline activities, or even every-day activities like roller and ice skating.

A release of liability form is an agreement between the parties, where the participant waives or releases any future negligence claim he may have against the school, organizer, sponsor, or vendor of the activity or sport. The organizer/sponsor of the activity often names specific risks inherent in the activity, and the participant acknowledges an assumption of those risks, and agrees not to sue the organizer even if the organizer commits negligence. The release also often contains agreements to arbitrate any disputes or to litigate only in the state where the activity took place.

By Patrick George

One of the most confusing areas of personal injury law is the duty to mitigate that lies with every injured person. This blog will attempt to explain this responsibility.

Many believe that if they didn’t cause the accident and they can prove negligence by another, they will recover so long as they sustained injuries in the accident. However, this is not altogether true. In Idaho, every plaintiff has the duty to mitigate damages. This means that one must take reasonable steps to minimize the financial harm caused by the accident.

By Patrick George

It’s hard to imagine more distractions for driving. A few currently include email, texting, phone calls, and checking phones. Now we have a new one known as Pokemon Go.

Pokemon Go is a game that people play on their cell phones as they walk, or drive, around the community. You may have observed the behavior; people walking around a park, on a sidewalk, or even across a crosswalk. The game requires the player to find digital creatures called pokemons that are found in certain locations reached by the phone. Once a player collects a certain amount of pokemons, they can battle at “gyms” which are again identified by the phone.

By Patrick George

Recently I wrote concerning bicycling and the safety that needs to be exercised when engaging in that activity. However, as has been shown by various universities, bicycling can improve your health and mental outlook on life.

Exposure to the sun actually increases happiness. We seem to recognize this when we go outside for breaks or walk down the street for lunch. Bicycling to work or leaving the roof down for the drive might be a healthy move. This has been recognized by the Stanford University School of Medicine. Serotonin levels in our body are boosted by exposure to sunlight and can make you feel happy. This also potentially raises Vitamin D levels which in turn plays a role in your happiness. Obviously, you need to protect against over-exposure from the sun or dehydration. A good quality sun screen, along with drinking plenty of fluids should do the trick.