Idaho Law Blog
This Tuesday, November 5th, in Mountain Home Idaho, a vehicle and pedestrian crash occurred at 6:25 p.m. on American Legion Boulevard. They were at N 14th St. E, in Elmore County.
An 86-year-old woman was traveling eastbound on American Legion Boulevard when she came up to a cross walk. She was driving a grey 2015 Subaru Forester from Grand View. The other woman, a 75-year-old from Mountain Home, was heading across the cross walk when the driver of the Subaru failed to stop and struck her. The woman hit sustained major injuries and was transported to a local hospital by air ambulance, where she later succumbed to her injuries. The 86-year-old who was driving sustained no injuries.
As a result of the crash, the roadway was blocked for just over three hours. Idaho State Police are continuing to investigate this accident.
We are sorry to hear about this accident and we send our condolences to the loved ones of the 75-year-old woman who passed.
WRONGFUL DEATH AND LIABILTIY FOR ACCIDENTS IN IDAHO
No one who gets into or drives a vehicle wants to be involved in an accident. But unfortunately, car accidents happen. Idaho uses a fault-based system to impose liability on the party most at-fault for the accident. A legal principle called “comparative negligence,” is applied to determine the negligence of all involved parties. If the Plaintiff’s negligence is less than 50%, then she generally can recover damages from the Defendant (or the Defendant’s insurance policy).
Wrongful death damages are also available to the heirs of a person who passes away due to injuries suffered in a car accident and if another person or entity was more than 50% negligent. Wrongful death damages can include specific damages such as medical expenses incurred as a result of the accident, burial costs, and lost income if the person that passed had dependents. It can also include more general damages such as the loss of companionship, love, comfort and affection of the deceased.
Our personal injury attorneys can advise injured persons about their particular case, whether there is negligence, causation, and liability, and what damages are available.
Notes: The information used to create this blog post comes primarily from the Idaho State Police News Releases. Information has not been independently verified by this firm. Please report any inaccuracies in this post to our firm. We will correct or remove the article, if asked.
Disclaimer: This blog is not intended as solicitation for professional employment to a specific person. It is intended as a legal news and advertisement post. The post does not constitute legal or medical advice.