Articles Posted in Personal Injury

ITD’s Office of Highway Safety Encourages Agencies to Apply for Safety Grants

The National Highway Traffic Safety Administration (NHTSA) is offering grants for safety improvements through February 17, 2017. The NHTSA funding supports safety programs regarding safety restraint use, distracted driving, impaired driving, aggressive driving, youthful drivers, roadway safety and other problem areas.

NHTSA reports that from 2011 through 2015, traffic crashes were the leading cause of unintentional injury deaths for Idahoans aged 1 to 34 years. The statistics indicate that a traffic crash occurred every 22 minutes, a person was killed every 40 hours, and another was injured every 40 minutes in 2015.

ISP is seeking the public’s help in identifying a driver who contributed to a single vehicle crash on Wednesday, January 18, 2017 at approximately 9:40 a.m. The injury crash occurred on northbound I-15 at mile marker 116.6 near Idaho Falls. ISP reports that a 24 year old female was driving a 2006 Volvo passenger car on the northbound interstate. An unidentified black vehicle traveling in front of the Volvo braked abruptly and made an illegal U-turn in the emergency crossover. The driver lost control of her Volvo while trying to avoid a collision and rolled onto the right shoulder. She was transported to a local medical center by ambulance with unknown injuries.

ISP requests any witnesses to this accident to contact dispatch by calling 208-525-7277. Assistance in identifying the driver of the black vehicle is necessary. The crash remains under investigation.

A reminder to motorists was issued by the ISP that the crossovers in the median on highways and interstates are for use by authorized and emergency vehicles only. That includes making U-turns. The crossovers are used by emergency and law enforcement crews to gain access to accidents and emergency scenes and also to patrol traffic. Any usage, even by those authorized to do so, must be done in a safe manner so that the public’s safety is not jeopardized.

Winter storms bringing record amounts of snowfall, sub-zero temperatures, freezing rain and rain have caused hundreds of slide-offs and accidents across the Treasure Valley and the state.  Travel advisories and warnings were issued by the National Weather Service cautioning motorists to remain off the roadways if possible.

Several city mayors throughout the Treasure Valley including Boise, Eagle, Meridian, Nampa and Caldwell declared their respective cities a state of emergency.  Schools have remained closed for several days due to snow and ice on the roads and streets.  ACHD, ITD and county and city crews have worked tirelessly to keep up with snow removal on major arteries and highly traveled roads.  Soldiers of the Idaho National Guard stepped in to assist with snow removal in local neighborhoods in Ada County since agencies were overwhelmed.

A single vehicle accident was reported Tuesday, January 10, 2017 on the I-84 connector near the Franklin Road overpass that left a Toyota Sequoia dangling against the guardrail, nearly rolling off onto the roadway below.  Traffic was snarled both directions of the interstate due to an early morning snowfall and ice-covered pavement which had accumulated overnight due to a drop in temperatures.  Another crash on Tuesday on westbound I-84 near the Eagle off ramp blocked lanes of travel causing delays.

By Patrick N. George

Recently a Chicago varsity high school player was killed when he struck his head on the ground even though he was wearing a helmet. A lawsuit was filed against the school board and the helmet manufacturer who, ironically, also makes helmets for the National Football League. The lawsuit claimed that both the school and the manufacturer had failed to take the necessary steps to make sure that the helmet the young man was wearing would function properly during normal and expected use on the football field.

The helmet manufacturer is named Riddell and is well known throughout the country. It has been making sports equipment in Illinois since 1929 and helmets have been constructed by it for decades. The helmets have air bladders that if they are not inflated properly can be unreasonably dangerous to the user. The lawsuit claimed that this was the problem in this case and led to the death of this young man. In addition, the lawsuit claims that there was a failure to properly warn users of this risk. Although this writer has not researched this particular issue, it is reported that Riddell is facing similar claims across the country from professional players and the failure to warn them of these possible risks.

A seven-mile stretch of I-84 between Nampa and Caldwell sustained significant damage due to winter storms and harsh weather conditions.  Large potholes formed on both eastbound and westbound lanes causing accidents and serious property damage to vehicles.  Vehicles sustained damage when they struck the potholes.  Some went out of control and collided with other vehicles.  The reported property damage included flattened tires, damaged rims and other serious types of damage, including injuries.

Potholes form after snow or rain seep into the soil under the roadway.  With extremely cold temperatures, a few days of warmer weather, then the return of freezing and below temperatures, moisture formed below the pavement that caused the ground to expand, pushing the pavement up.  A cavity then forms between the pavement and ground below it as the temperatures fluctuate.    I-84 has a large volume of semi-truck and heavy vehicle traffic that travels on it each day.  When vehicles drive over the formed cavity, the pavement cracks and gives way into the hollow space and a pothole forms.

Recognizing the safety hazards created, ITD crews have been making temporary repairs to the roadway.  Exit ramps were blocked, lanes closed and speeds reduced to allow the repairs.  This stretch of I-84 was scheduled to be resurfaced in 2018; however, the damage has caused ITD to advance their plans to an earlier date.  The long term improvement project is budgeted for $15 million.

Traffic safety affects people on the roadways, the shoulders of the road, sidewalks, and crosswalks. It does not simply concern those who are driving. Bicyclists and pedestrians are using roadways in ever increasing numbers. Accidents affect all of those who occupy the roadway including drivers, passengers, pedestrians, runners, joggers, and cyclists. As traffic increases more and more interactions are had between cars, buses, trucks, and cyclists and pedestrians.

The Centers for Disease Control and Prevention indicate that more than 150,000 pedestrians were treated in emergency rooms in 2013 for nonfatal injuries in automobile-pedestrian crashes and approximately 4,735 pedestrians were killed in these same types of accidents. Think of what that means on a daily basis with regard to these types of devastating accidents. 410 pedestrians were hurt every day in 2013 one died about every two hours.

When you consider these accidents, it is obvious that someone was at fault in nearly every one of them. If the driver was at fault, an innocent pedestrian likely suffered catastrophic injuries due to the driver’s carelessness. These accidents can be prevented and avoided if all those involved  the take the time to make safety a priority.

By Patrick N. George

Most everyone knows the dangers of drunk drivers or even distracted drivers. However, people generally ignore an equally pervasive problem of drowsy or sleepy drivers. A short internet search reveals studies showing that motorists who drive with less than 5 hours of sleep are approximately twice as likely to be in an automobile accident as compared to those who get 7 or more hours of sleep. Drivers should be aware that if they get less sleep they are more likely have an accident.

It is startling that drivers that have gotten less than 4 hours of sleep a night, have 4 times the number of car accidents. AAA suggests that anyone who has slept less than 7 hours over a 24 hour period should not drive a vehicle.

Idaho State Police and the Nampa Police Department report a crash involving a semi truck occurred on Wednesday, December 28, 2016 at approximately 9:40 a.m. near the Garrity exit just east of milepost 38.   The eastbound lanes of I-84 were completely blocked for a brief time and motorists were advised to avoid the area.  The driver of the semi had to be extricated from the truck by firefighters and was taken to the hospital after the crash occurred.

The ISP investigation revealed that a pickup truck struck the semi causing it to tip onto its side.  Debris on the road from the crash was hit by another vehicle.  The driver of the pickup said she was coming down the on-ramp when she hit a patch of black ice, lost control of her pickup and crashed into the semi.  The pickup driver was cited for traveling too fast for road conditions.  No other injuries are reported at this time.

Motorists have been cautioned regarding winter road conditions.  ITD resources have been stretched the past couple of weeks due to several storms that deposited large amounts of snow and ice on the roadways. The high volume of traffic on I-84 places it as a top priority for liquid anti-icers and snow removal.  Even with the road treatment, black ice can form quickly and unexpectedly.

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.