Idaho Law Blog

Personal Injury – Burns

Published on: December 26, 2016 | by Racine Olson

BURNS

It doesn’t matter whether a person has been involved in a car accident, a product liability accident, or employment issue, burns are often one of the major causes of injury to a person. They can also be extremely painful, serious, and cause the most scarring of all the injuries. Most patients suffering from extensive burns will spend lengthy periods of time in hospitals, and incur thousands of dollars in medical costs. Then after all of this, the victim can still end up with permanent injuries.

Pile-Up on W/B I-84 near Jerome – Fatality Reported

Published on: December 23, 2016 | by Racine Olson

The ISP report a fatality crash happened on Monday, December 19, 2016 at approximately 7:30 p.m. which caused a pile-up on westbound I-84 near Jerome.

Joseph Edwards, 33 years old of Gooding, was traveling westbound on I-84 in a 2001 Nissan Pathfinder when he lost control of the SUV, struck the guard rail and then was struck by a semi hauling two trailers, and a 2004 Chevrolet Cavalier driven by a Filer woman and a Volvo semi pulling a single trailer.

Edwards died at the scene. His passenger, Shauna Edwards of Gooding, was transported by ground ambulance to St. Luke’s Magic Valley in Twin Falls, and later transported by air ambulance to St. Alphonsus in Boise. Her condition is unknown at this time. ISP is not clear whether or not passenger Shauna Edwards was wearing her seat belt when the crash occurred. The other drivers and occupants involved in the multi-vehicle accident were their wearing seat belts.

Contributing Community Property to your Spouse’s Separate Property

Published on: December 22, 2016 | by Racine Olson

By Patrick N. George

I frequently get asked what happens when the community contributes money or labor to a spouse’s separate property asset. This is a murky area and frequently depends on the facts of the case. However, there are some guidelines.

In the Hiatt v. Hiatt case, the husband owned an automobile dealership as his separate property. (Separate property is usually property acquired by one person prior to the marriage or by gift or even will.) In this situation, the couple took community property money (money earned by the community) and invested it back into the automobile dealership. This investment took the shape of paying off debt and making some improvements.

You Cannot Pledge Your Idaho Workers’ Compensation Claim as Collateral

Published on: December 22, 2016 | by Racine Olson

By Fred J. Lewis

For many years, Oasis Legal Financial or other similar legal funding companies have provided cash to injured workers who needed money prior to the settlement of their case. These were contingent loans that were not required to be paid back if the Idaho Workers’ Compensation claimant was unsuccessful with their Idaho Workers’ Compensation claim. However, since the Industrial Commission’s decision of January 13, 2012, Oasis and other legal lending services no longer loan money to Idaho Workers’ Compensation claimants.

In its decision, the Idaho Industrial Commission found that Oasis purchase agreements amount to illegal assignments of workers’ compensation benefits, which is prohibited under Idaho Code Section 72-802. In the fall of 2010, the Commission became concerned about the propriety of the Oasis purchase agreements. The Commission ordered an order to show cause hearing to determine the enforceability of the contracts on three different cases based on their own motion. One of my clients had money loaned to him by Oasis. Since the Commission decided that the purchase agreements were unenforceable, the Commission ordered that my client and others with Oasis loans only had to pay back the principal amount that had been loaned to them instead of annual interest that, in some cases, exceeded 120%.

ITD Reapplies for FASTLANE Grant for Congested Portion of I-84 in Canyon County

Published on: December 22, 2016 | by Racine Olson

A FASTLANE (Fostering Advancements in Shipping and Transportation for the Long-term Achievement of National Efficiencies) grant which was previously denied to ITD and the Community Planning Association of Southwest Idaho has been resubmitted to acquire funding to widen I-84 from 2 to 3 lanes between Franklin Boulevard and the underpass at Karcher Road in Nampa. $850 million is available to applicants in this grant program.

In a five-year period from 2010 to 2014, I-84 had 96 crashes around the Northside Boulevard area. ITD statistics indicate there were 4 serious injury crashes, 11 visible injury accidents, 6 possible injury crashes and 24 property damage crashes within a quarter-mile of the Northside Boulevard exit on eastbound I-84 during this time period. On westbound I-84 within a quarter-mile, there was 1 serious injury crash, 5 visible injury crashes and 19 property damage crashes.

Traffic data shows that almost 80,000 vehicles travel on this stretch of I-84 during an average weekday. The safety risks and congestion problems warranted the evaluation and goal to improve the interstate.

“Prepare – Be Aware” Winter Safety Campaign by ITD

Published on: December 21, 2016 | by Racine Olson

The Idaho Department of Transportation (“ITD”) launched its second annual Winter Safety Campaign “Prepare – Be Aware” to alert and educate drivers regarding safe driving during the winter months.

As the first snow fell in various locations throughout the state, many accidents have been reported with injuries and fatalities. On December 6^th, a 37 year-old, Brandy Romero from Twin Falls, was killed on westbound I-84 west of Burley when her vehicle left the road and rolled. Romero, who was not wearing a seat belt, was ejected.

Another fatality occurred on U.S. Highway 95 at milepost 58.5, south of Fruitland on December 7^th. 50 year-old Christopher Lowe of Caldwell was driving southbound on the highway when he failed to negotiate a curve, went off the side of the road, down an embankment, struck the side of a dirt driveway and went airborne. The vehicle came to rest in a field on the west side of the highway. Lowe was also not wearing a seatbelt and had died from his injuries by the time the crash was located.

Who Should I Name as the Trustee of my Trust?

Published on: December 21, 2016 | by Racine Olson

By Lane V. Erickson

There are many kinds of trust that can be used when completing an estate plan. These trusts can be Specifically designed to protect land, eliminate taxes, Provide some Assurance for finances into the future, for An individual who has a disability or special needs, or It could be for underage children or for family members that you want to provide some support to but not give a large amount of cash to directly. The type of trust that is created often determines who should be named as the trustee. When considering who should be the trustee here are some things you should think about:

WHAT CHARACTERISTICS SHOULD A TRUSTEE HAVE?

Important Changes to Homeowner’s Association (HOA) Law

Published on: December 20, 2016 | by Racine Olson

By: T.J. Budge

The Idaho Legislature recently made two important changes in Idaho law affecting homeowner’s associations (HOAs). The changes came by way of amendments to Idaho Code § 55-115. Subsections (3) and (4) were added during the 2016 Legislative Session and took effect on July 1, 2016.

Subsection (3) prohibits HOAs from amending their covenants, conditions and restrictions (CC&Rs) to limit or prohibit the rental of property within the subdivision unless the homeowners agree to the amendment in writing. This amendment was a response to a recent Idaho Supreme Court Decision, Adams v. Kimberley One Townhouse Owner’s Association, 158 Idaho 770 (2015). In that case, a homeowner purchased a townhouse subject to CC&Rs that did not restrict an owner’s ability to rent his/her unit. Subsequently, the HOA amended the CC&Rs to prohibit rentals for less than six months. The homeowner argued that the amendment unlawfully restrained the free use of his property. The Idaho Supreme Court disagreed, upholding the rental restriction added to the CC&Rs.

Motorists Can Access 511 for Traveler Information During Winter Driving Conditions

Published on: December 20, 2016 | by Racine Olson

When driving in winter road conditions, 511 is a public service of the Idaho Transportation Department (ITD) which was designated in July 2000 by the Federal Trade Commission (FCC) to provide travelers with information about road conditions and weather via phone, the Web or by smartphone.

ITD field crews provide information to update the system. Additional information is received from the National Weather Service, Ada County Highway District, citizen reports and the Road Weather Information System. 511 is treated as a local call and most cell phones will connect; however, there may be places where reception is poor which prevents or hinders access.

Police and ITD encourage motorists to use caution and increase travel time to reach your destinations. ISP reports that many weather-related accidents occurred within the past two weeks. ISP troopers handled various crashes, slide offs and assisted many motorists who became stranded due to harsh weather. Weather conditions can change rapidly so always be prepared prior to your commute or trip. Have a passenger call 511 or pull off to a safe spot and place the call yourself.

Using a Team to Complete Your Estate Planning

Published on: December 20, 2016 | by Racine Olson

By Lane Erickson, Attorney

Estate planning is like people. There are really no to estate plans that are exactly alike. The reason for this is because each individual has unique needs and goals when creating their estate plan. Because of this when I am helping an individual complete their estate planning we often use the team approach. The team approach is simply where we include all other professionals that the person completing their estate plan has that helps them in different areas of their life. The following is a short list of the types of people who should be included on your team when you are completing your estate plan.

ATTORNEY