Articles Posted in Personal Injury

The Idaho State Police (ISP) reports that a two-vehicle crash occurred Thursday, November 10, 2016 on westbound I-84 at milepost 56 near Broadway Avenue. A 24 year-old man, Matthew Martin from Ontario, Oregon was traveling in the westbound lane in a 2016 Toyota Corolla when he lost control of his vehicle and struck the guard rail. Martin’s vehicle came to rest in the center lane of travel. Martin was struck by a 2012 Freightliner commercial vehicle driven by Justin Dennis of Caldwell while he was standing next to his vehicle in the traffic lane.

Martin was transported by ambulance to St. Alphonsus Medical Center in Boise where he later died of his injuries. The lanes of travel on I-84 were blocked for approximately 5 ½ hours while law enforcement and emergency personnel investigated the accident scene.

An accident can become worse by actions taken immediately following a crash. Always keep safety in mind to prevent additional accidents or injuries. If possible, after a crash, pull over to a safe spot out of the lanes of traffic. If you are not able to do so, alert other drivers of the accident using your hazard lights or use cones or flares to direct traffic away from your disabled vehicle. It is advisable to have an emergency kit in your vehicle at all times with items such as flares, cones, warning triangles, flashlight or other types of useful equipment.

Studies conducted by the National Health Institute and other agencies show that accidents, particularly fatal accidents, increase during the time shifts for Daylight Savings Time (DST). On Sunday, November 6^th, Idahoans will turn their clocks back one hour giving us all an extra hour of sleep. That is a good thing right? However, data from decades of automobile crashes show that the number of accidents increase on the Sunday of the fall shift from DST. Researchers believe the anticipation of the extra daylight hour on this autumn Sunday leads to increased accidents since drivers become drowsy while staying out later than usual in the evening.

Drowsy Driving Prevention Week is November 6 – 13, 2016 which is an annual campaign sponsored by the National Sleep Foundation. Its goal is to educate the public regarding the risks of driving while sleep deprived. Surveys reveal that half of American adult drivers admit to driving while drowsy and 1 in 5 admit to falling asleep behind the wheel. Drowsiness and driving is a dangerous combination. Drowsiness doubles a motorist’s crash risk. Get a good night’s sleep, schedule regular stops, and pull over to take a short nap if you feel fatigued, not only for long trips, but also for shorter trips of an hour.

The end of DST also creates a more dangerous evening commute during the work week with darkness arriving sooner since the early dusk hours make it more difficult for motorists to see other vehicles and pedestrians and bicyclists in the roadway. Give yourself extra time to commute in the evening and slow down as dusk occurs to allow your eyesight to adjust to the changes.

A 63 year-old woman from Clayton, Idaho was killed on November 1, 2016 when her 1999 Subaru crossed the centerline of Highway 75 and struck a 2010 Kenworth pulling trailers hauling 10,000 gallons of diesel fuel. The Kenworth rolled, rupturing the fuel tanks. The trailers were fully engulfed. The North Custer Fire Department was able to contain the diesel spill; however, the fire burned for nearly five hours and the highway was closed until it was safe for travel.

The woman was not wearing a seat belt and died at the crash scene. The truck driver who was wearing a seat belt was able to exit the Kenworth without any injuries. The crash is still under investigation by the Idaho State Police. It is yet to be determined what caused the female driver to cross the centerline.

Studies conducted by traffic officials and behavioral experts indicate that performing a secondary task while driving is one of the riskiest actions. Diverting one’s attention away from safe driving to engage in competing tasks greatly increases the likelihood of a crash. Drivers report that they frequently use an electronic device, adjust the radio, talk to passengers, or eat while driving; cell phone use even among experienced drivers delays reaction time to potential hazards on the road.

By Patrick N. George

One of the reasons truck accidents happen is because of truck driver fatigue. Truck driving entails long, monotonous drives, weekly completion of working hours, and the ever present pressure to get loads to docks. It is little wonder that most drivers experience chronic fatigue, increasing their chances of getting involved in crashes. Previous safety regulations imposed by the federal government on trucking companies often do not help, the pressure to perform is just too great, which is why such devastating accidents continue to happen.

Recently, the Federal Motor Carrier Safety Administration (FMCSA), a division of the U.S. Department of Transportation (DOT), implemented a new set of federal regulations that should not only reduce fatigue, but also improve safety for motorists

By Patrick N. George

One of the biggest causes of injuries to both adults and children in Idaho continues to be car accidents. Back and neck injuries are common following an accident, including rear-end collisions which are the largest type of crash in the city. The design of cars and the motion that occurs, coupled with the unexpectedness of the impact, means that little support is provided to the neck and back of the vehicle’s occupants, making it more likely that those parts of the spine will be harmed during an accident.

Back and neck injuries are complicated and can range from the minor to the serious so it is always a good idea to seek help from a qualified expert or neurologist. Towards the minor end of the spectrum, victims may sustain musculoligamentous injuries including sprains and strain. These injuries can be uncomfortable, limiting, and frustrating to victims but will generally heal without problems. Generally such injuries will heal within 6 weeks or so. Much more seriously, a victim may sustain a fracture to one or more of the vertebrae that comprise a spinal column. This can be dangerous if it becomes displaced and causes harm to other areas including the spinal cord.

Halloween is all about fun and being scared for one night. Make sure the fun does not end with a frightening crash. Statistics indicate that children are more than twice more likely to be hit by a car on Halloween than on any other day of the year. Unsafe conditions are created with sunset occurring prior to 7:00 p.m. and children being out on the streets as pedestrians to gather candy. The popular hours to trick-or-treat are between 5:30 p.m. and 9:30 p.m.

AAA Idaho suggests these basic Halloween safety tips:

• Drive slower than posted speed limits. Children are excited and preoccupied with the activities of the night and forget about traffic and potential dangers. They may dart out into traffic. Young children lack the ability to judge the speed and distance needed for a car to stop.

By Patrick N. George

All manufacturers have a legal responsibility to design, create, and sell products that are free of defects and safe for consumers to use. However, this does not always happen. Manufacturers sometimes overlook safety regulations or rush the manufacturing or testing process. At times they do not have qualified safety design people examining and testing the product. As a consequence, products that can cause consumers injury manage to find their way into the public purview.

Every consumer, has legal rights under product liability laws whenever you purchase a product. These laws ensure that manufacturers, wholesalers, and vendors are responsible for their product and any injuries that result from the proper use of the product. Product liability cases may relate to illness, injury, or death caused by improper label warnings, defective auto parts, dangerous toys, contaminated food, defective trailers, and more.

Recent news reports of accidents are a reminder of the importance of seat belt use. A head-on crash happened on Tuesday evening, October 18, 2016 near Caldwell on U.S. Highway 20/26 between a 1997 Ford Taurus driven by Joseph Upchurch of Nampa and a 2002 Chevrolet Impala. The Ford crossed the center line while traveling eastbound on the state highway near the intersection of Farmway Road, and struck the Chevrolet driven by Jorge Ruiz of Nyssa, Oregon. The Ford rolled and came to a stop off the side of the road. The driver, Upchurch, who was wearing a seatbelt, was transported to a local medical center. The highway was blocked for almost 2 hours. The crash is still under investigation by the ISP.

Another accident which occurred on Saturday afternoon October 22, 2016 on Notus Road near Red Top Road was a single car crash with tragic results. A 65 year-old woman from Parma, Martha Booth, who was driving a 1998 Dodge pickup on Notus Road, went off the road onto the left shoulder, returned to the road and overcorrected, causing the pick-up to roll. A child who was a passenger in the pickup was ejected and died at the scene. Ms. Booth was transported to St. Alphonsus Regional Medical Center by air ambulance. Neither the driver nor the child was a wearing seat belt. The ISP investigated the crash scene for 3 ½ hours.

The Office of Highway Safety-ITD reports that seatbelts are estimated to be 50% effective in preventing serious and fatal injuries. 80% of Idahoans used their seat belts in 2014 according to the National Highway Traffic Safety Administration’s (NHTSA) statistics. A large number of the fatalities involving children indicate they were unbelted at the time of the crash.

By Rachel Miller

With winter weather comes some enjoyable things – snowmen, skiing/snowboarding, Christmas. However, winter weather also brings the not so fun – snow and ice on our roadways, sidewalks, and other common walkways. Business owners have a natural incentive to keep their sidewalks and entryways free of snow and ice – they want customers to have easy access to their establishments. However the possibility of litigation and liability should be another incentive for business owners to do their best to keep their property ice and snow free.

Idaho law places different duties on owners of property depending on the status of the person entering the property. Most individuals that enter a business property are termed “invitees” – the business invites them for the purpose connected with the business. This is true even for individuals that do not buy or do not intend to buy something. They are the invitees of the business. The duty that the business owner owes to its invitees is to inspect and make the premises safe. Therefore, a business owner must actively try to keep its property free of snow and ice so that an invitee does not fall. It is not enough if the business owner does not know of a dangerous condition (think black ice), a business owner has a duty to inspect the premises and remove the dangerous condition – i.e., inspect the premise for slippery conditions and do the best he can to remedy the situation. During a snowstorm, you are not likely able to keep the property completely free of snow and ice and the law is cognizant of this and also places a duty on the invitee to use ordinary care. However, as soon as it becomes possible, a business owner has a duty to treat and remedy snowy and icy conditions.

By Rachel Miller

Winter. Ugh. (Unless you are a winter sports fan, of course). However, even winter sports fans have to deal with the messiness that comes with Idaho winters – including snowy and icy driveways, sidewalks, and stairs, and the obligatory shoveling and de-icing of those surfaces. Of course it is good neighborly to clear your driveways and sidewalks of ice and snow, and certainly will keep you safer as you enter and exit your property. However, some times you are absent from home, may not have the time to get to it right away, or may have property that creates unique challenges to keep it entirely snow and ice free.

Many people want to know what their duties and liability would be if someone were to slip and fall on ice or snow at there residential property. (Note: The law is different for business owners, and not covered in this blog). In Idaho, everyone has a general duty of care for the safety of themselves and others. However, owners of property have more particular duties of care towards the persons entering their property. First, if the person is a trespasser, there is no duty to her other than to not willfully create conditions that will injure her (think an intentional trap). Next, most people enter a residential property for social purposes – what the law terms a “licensee.” A licensee is also a visitor who enters the property in pursuit of the visitor’s purpose. A property owner’s duty towards licensees is to disclose to the visitor only concealed dangerous conditions on the property of which the owner has knowledge. Additionally, a visitor must take the land as the possessor uses it, and is expected to be alert and to protect himself from the risks he encounters. Consequently, as snow and ice on Idaho driveways is likely not a concealed condition, and a visitor has the duty for her own care, a person is not likely to be held liable if someone slips and falls on snow and ice on residential property.