The man and the couple's 18-month-old daughter survived the crash, but the woman died. The man filed suit against the tire company, alleging that the negligence of the company's employees in performing maintenance on the car led to the injury-causing accident, infliction of emotional distress and wrongful death.
]]> A jury found that the tire company was reckless and awarded the father $401,950 in economic damages and $688,128 in noneconomic damages for the injuries he suffered. The jury also awarded the daughter $43,122 in economic and $1 million in noneconomic damages. Additionally, the jury awarded the family $366,800 in economic and $1 million in noneconomic damages for wrongful death.Appeal by Boise Tire
Boise Tire made a motion for a new trial, arguing that the court should not have allowed the family to claim that the company had been reckless when the pleadings only alleged negligence. The company also claimed that the jury award was excessive, the result of passion or prejudice and unsupported by evidence. The court agreed that the jury's award was excessive for the child, in light of the fact that she suffered no lasting injuries, and reduced the award but denied the rest of the motion.
The tire company appealed to the Supreme Court, arguing that the trial court abused its discretion by not granting a new trial. The Supreme Court upheld the lower court's rulings, holding that the trial court's findings supported the jury's verdict and there was "substantial, competent evidence" presented at trial to show that the tire company was reckless.
As this case shows, it may be possible to hold a company liable for car accident injuries if the company's actions contributed to or directly caused the accident. If you were injured in a Boise car accident, a personal injury lawyer can help you determine what caused the accident and who is liable. You may be able to recover compensation for economic damages (such as medical bills) and noneconomic damages (such as pain and suffering).
Source: Legalnewsline.com, "Idaho SC mostly affirms ruling in case against tire company," Jessica M. Karmasek, April 19, 2012.
]]>After he hit the first car on Boise Ave., the pickup driver left the scene of the accident. Upon leaving the scene, he rear-ended a minivan, ran a red light and hit another car. He then crashed into a power pole. According to police, the park near the power pole was filled with kids.
He has been charged with a misdemeanor DUI (driving under the influence) and leaving the scene of an accident (one felony and two misdemeanor counts). In addition to his criminal charges, the driver may face personal injury lawsuits for the DUI car accident.
]]> Injury Lawsuits Against Drunk DriversThirty-five percent of all fatal Idaho motor vehicle accidents are caused by drunk drivers. This isn't a statistic to take lightly. Every day, many people make the terrible decision to drink and drive, putting themselves and everyone else at risk.
Those injured by drunk drivers can bring a personal injury claim against the drunk driver's automobile insurance company. Generally, accident victims can recover compensation for their medical bills, pain and suffering, loss of income and other economic and noneconomic losses.
In Idaho drunk driving accidents, injured parties can also hold the drunk driver responsible for his or her actions through punitive damages. A plaintiff can recover up to $250,000 in punitive damages or three times the economic damages awarded (whichever is greater).
Punitive damages hold drunk drivers responsible for their actions and are one way to prevent drunk drivers from repeating their same mistakes and injuring someone else. The pickup driver in last week's accident has yet to learn this lesson - he had two previous DUI convictions.
Source: Idaho Press Tribune, "Utah Man Charged With DUI, Leaving the Scene, After a Series of Crashes in Boise," Mar. 22, 2012.
]]>Appleton was flying an experimental single-engine airplane from Lancair when the accident occurred. According to police reports, he ran into trouble shortly after taking off. While turning around, the airplane rolled to the left and fell to the ground, causing a large fire.
There have been approximately 45 airplane accidents involving Lancair aircraft in the last 20 years. Seven of those accidents involved the same type of airplane that Appleton was flying - the Lancair IV-P.
]]> According to a Federal Aviation Administration (FAA) Information for Operators (InFO) message, a majority of the Lancair IV-P fatal accidents were caused by "inadvertent stalls/spins while at slower air speed," similar to what happened with Appleton's aircraft. The FAA has said that these aircraft have distinct abilities that many pilots do not understand, possibly leading to accidents.Did pilot error or a problem with the aircraft cause the Boise airplane accident? The National Transportation Safety Board is currently investigating the accident. Preliminary findings released on February 10, 2011, offered details about what occurred, but not about the cause of the accident. The aircraft took off, quickly landed and then took off again. Somewhere between 100 and 200 feet up, the plane banked left and crashed between the runways at the Boise airport.
The report also stated that Appleton flew the airplane three times since purchasing it. He bought the plane from a seller and did not modify it.
The investigation could take up to a year. Thus, we will have to wait to see what caused the Boise plane crash and if Appleton's family will be able to recover compensation from the plane's seller, manufacturer or another at-fault party.
Source: Idaho Statesman, "New NTSB Report About Fatal Appleton Crash Doesn't Address Suspected Cause," Patrick Orr, Feb. 11, 2012.
]]>The teen's uncle is now speaking out against teenage distracted driving, including texting while driving and using social media, such as Facebook, while driving.
Meanwhile, the Idaho Legislature is considering a texting ban. The bill, introduced by Senator Les Bock, D-Boise, would prohibit all drivers from texting while driving unless they are providing emergency services. Violators would be charged $50 for the first infraction and $100 for any subsequent violation. The bill would not prohibit people from dialing numbers or from sending text messages through voice commands.
]]> Why Ban Texting While Driving in Idaho?According to a recent survey by AAA, 87 percent of voters in Idaho would like to see a texting while driving ban and eight out of ten voters would prefer greater penalties for those who cause Idaho distracted driving accidents. Yet, even though Idaho citizens support a ban on texting while driving, the Idaho Legislature has been slow to act.
Thirty-five states have a ban on texting while driving for all drivers and seven states ban teens from texting while driving. Nine states ban handheld cell phone use all together, requiring drivers who wish to talk on their cell phones to use hands-free devices. Thirty states ban all cell phone use for teenagers. Idaho is indeed behind the times.
The Idaho Department of Transportation estimates that up to 30 percent of car accidents in Idaho are caused by distracted driving involving electronic devices. Texting while driving is a distraction in all senses of the word: cognitive, manual and visual. The National Transportation Safety Board has responded to this growing danger by requesting that all states not only ban texting while driving, but ban non-emergency cell phone use altogether. The federal government could even pull federal road funding if the Idaho Legislature does not pass a ban.
Analysts are saying this is the year that Idaho will ban texting while driving. To do so would mean increasing the safety of Idaho's roads and preventing some of the distracted driving car accidents that cause serious injury and even death.
Source: NWCN.com, "Uncle of Crash Victim Speaks Out About Texting and Driving," Scott Evans, Jan. 17, 2012.
]]>The Federal Aviation Administration (FAA) is investigating the crash, which happened near Hailey, Idaho, on November 29, 2011. Local CNN and ABC news affiliates reported that the pilot took off from the Friedman Memorial Airport around 7:00 p.m. with one passenger.
]]> When the pilot tried to activate the plane's auto-pilot system, the aircraft banked hard to the left. The pilot then could see a mountain in the airplane's landing lights, so he pulled up to slow the plane, which then crashed on the ridge of a mountain at Water Gulch, according to the Blaine County Sheriff's Office. Both the pilot and passenger survived the crash and were taken by helicopter to a hospital in Boise.Determining Fault After Plane Accidents
When someone is injured in an Idaho aviation accident, a variety of people or companies may be at fault for the crash. Among other things, airplane crashes may be caused by:
In accidents like the November Idaho airplane crash, if the auto-pilot system did not work properly, the system's designer, manufacturer or the person in charge of properly maintaining it could be found legally responsible for the crash and the injuries that resulted. If so, the injured people may be able to recover compensation for their medical bills and other expenses arising from the accident.
Source: KHQ, "Boise Residents Injured in Airplane Crash," Dec. 1, 2011.
]]>NWCN news reports that, with just a light dusting of snow during the first weekend of November, several car accidents and one fatal crash were reported in Boise. In one tragic weather-related accident, a five-months pregnant woman lost her baby when her SUV crashed into a guardrail after losing traction on ice on Interstate 84.
Idaho State Police (ISP) and car accident attorneys in Boise are reminding people to drive safely in wintry conditions. The ISP urges drivers to wear their seatbelts, slow down, and be mindful of the road conditions. Particularly late at night or early in the morning, drivers should be aware of the risk of black ice - since it is not visible, ISP Trooper Blake Higley said, "you need to assume it's there."
]]> Drivers should make sure they have snow-removal devices like ice scrapers in their cars so they are able to see clearly when driving. Also, some drivers could benefit from putting snow tires on their cars.In addition, the ISP warns that interstate overpasses are especially dangerous in winter, stating that drivers should be extra cautious when accelerating to get to an on-ramp or when merging, NWCN reported.
To help prevent weather-related car accidents in Boise and throughout Idaho, the Idaho Transportation Department's winter maintenance schedule begins in November. During the winter schedule, IDT employees work two shifts to make sure workers are always available for sanding and snow removal. With everyone's combined efforts, hopefully people will be able to stay safe and avoid car accidents on Boise's roads this winter.
Source: NWCN, "With Wintry Conditions, ISP Warning Drivers to Be Careful," Andrea Lutz, Nov. 6, 2011.
]]>However, a recent editorial in the Idaho Statesman argues that a too-heavy focus on personal liberty can sometimes result in an increased risk of harm to innocent citizens. The paper blamed what it called an anti-"nanny state" philosophy for the legislatures' repeated failure to pass laws that aimed to curb distracted driving accidents by banning texting while driving.
]]> The controversy began during the final days of the 2010 legislative session, when lawmakers used a procedural move to quash discussion on a bill that would have prohibited texting while driving. Under the bill, drivers who caused a car accident while texting could be charged with a misdemeanor offense.In the wake of that debate, the bill's sponsors introduced a new bill during the 2011 session that did not place an outright ban on texting, but instead proposed a new infraction - called "distracted driving" - that could be used to prosecute drivers who caused motor vehicle accidents because they were distracted by handheld electronic devices. The bill was defeated on a 48-to-21 vote.
Idaho is an outlier on this issue - so far, 43 states have implemented laws that either limit or prohibit texting while driving.
Local Governments Picking up the Mantle
Over twenty percent of all motor vehicle accidents are thought to be related to distracted driving. Drivers who text behind the wheel are four times as likely to cause car accidents that result in personal injury.
These alarming statistics, combined with the state's failure to act, have some local governments in Idaho contemplating texting bans of their own. Both Meridian and Twin Falls have passed laws to prohibit texting while driving. Sandpoint and Coeur d'Alene city councilors are currently considering similar bans.
Distracted driving is a serious, and all too often deadly, issue. Even though texting while driving is not yet a crime in Idaho, it's still negligent behavior. Idahoans injured by distracted drivers may be able to seek recourse in civil court.
Source: Idaho Statesman, "Our View: Finishing Work the Legislature Started," Oct. 18, 2011.
]]>As a result of the Colgan crash and other high profile airplane crashes, Congress placed a mandate on the Federal Aviation Administration to draft rules that would establish new pilot testing requirements, extend the rest and off-duty periods prior to duty, and set weekly and monthly limits on flight duty time. As part of its charge to reduce pilot error accidents, the FAA also analyzed the significance of automated systems on flight safety.
]]> Just like cars with cruise control, modern aircraft are equipped with autopilot features, which are designed to control the airplane without human guidance. However, a recent FAA analysis, announced in late summer, revealed a concerning and dangerous safety trend. Examining 46 accidents and major incidents, 734 voluntary reports and over 9,000 flights, the federal aviation watchdog found that two-thirds of accidents - and 30 percent of major incidents - were linked to pilots' issues with manual flying and automated flight control mistakes.The FAA refers to this problem as "automation addiction," or pilots' over-reliance on automated flight systems and autopilot in the basic handling of their planes. This reliance reduces response time for emergencies and mechanical failures, and compromises the pilot's actual manual flying skills and competency.
The study revealed that many contemporary pilots generally operate their planes manually during takeoff and landing. All other times, automated tools handle the flight. Some blame the over-reliance on autopilot as a direct consequence of aviator fatigue.
The FAA's findings come at a time when proposed regulations involving pilot rest rules remain unresolved. Although a final ruling was due in August, pressure from the airline industry has stalled the process.
Flying the skies leaves passengers' lives in the hands of circuits instead of humans, which can lead to aviation accidents. Unfortunately, the federal government has been stalled in its efforts to make the skies safer.
]]>The plane went down near the runway at the Burley airport in south-central Idaho. According to the Federal Aviation Administration (FAA), the plane crashed after taking off and clearing the 4,000-foot runway.
]]> Based on the type of engine and number of propellers, the plane is believed to have been a Cessna 210, said Jeff Rich, chief of the western pacific region for the National Transportation Safety Board (NTSB)."It's burned down to ash. Even identification of the aircraft was based on some circumstantial evidence," Rich told The Associated Press. "There's nothing left but a wingtip and the engine."
Idaho Plane Crashes
As airplane crash lawyers in Idaho will tell you, flying in Idaho is dangerous; the mountains can make take-offs and landings a challenge, and the rapid changes in weather can make a routine flight life-threatening. Furthermore, private planes crash more often than commercial flights.
Dangers of Private Planes
Small, one- and two-engine aircraft are dangerous. They usually have reciprocating propeller engines, as opposed to jet engines found on commercial aircraft, and are less reliable.
The planes may not receive the rigorous maintenance and other inspections that commercial aircraft are subject to. Additionally, the pilots of small aircraft often have less experience (fewer flight hours) and may be more easily confused or overwhelmed by circumstances during a flight.
Cessna 210s -- the type of airplane involved in the Iowa plane crash -- have historically had problems with vapor lock causing fuel starvation and leading to crashes. Yet, it may be difficult for the NTSB to arrive at a cause for this airplane accident, as the lack of physical evidence due to the intense fire has hampered the investigation.
The NTSB reports that general aviation (noncommercial flights) has a rate of fatalities over five times the rate of commercial aviation. As this unfortunate Idaho plane crash shows, takeoffs tend to be the most dangerous aspect of flying, accounting for 30 percent of all fatalities.
If you are involved in a small airplane accident, do not hesitate to contact an aviation accident attorney in Boise, Idaho, or near you. You may be able to recover compensation for medical bills, pain and suffering, lost wages, wrongful death and more.
Source: Associated Press, "NTSB Investigates Idaho Plane Crash, 4 Dead," August 15, 2011
]]>From petting and feeding their dogs to restricting the dogs in some way while driving, people are taking their eyes off the road and brains off the task of driving safely.
]]> Why does this matter? According to the National Highway Traffic Safety Administration (NHTSA) and the Idaho Transportation Department, approximately 20 percent of all serious car accidents in 2009 were caused at least in part by distracted driving. In fact, taking one's eyes off the road for just two seconds can double the risk of a car crash.In Idaho, distracted driving played a part in 193 fatal car crashes and 1,316 serious injury accidents between 2007 and 2009. Those car accidents led to 211 deaths and 1,697 serious injuries. Boise distracted driving accident lawyers, government officials, safety groups and others throughout Idaho have worked to increase awareness of the dangers of distracted driving, but distracted driving accidents continue to take lives.
While there are no current statistics on how many distracted driving crashes are caused by driving with dogs, any form of distraction puts you and everyone else on the road at risk. AAA and Kurgo recommend using a pet restraint to reduce distraction.
If you have been injured or a loved one has been killed by a distracted driver - whether the distracted driver was using a cell phone while driving or petting a dog - talk to a Boise distracted driving attorney about recovering compensation through a personal injury claim.
]]>Parents should encourage teens' independence, but should also be aware that youth traffic fatalities are more common during the summer months. Between 2005 and 2009, more than 7,300 young drivers died in motor vehicle accidents during the summer.
]]> "[Teenagers are] going to be taking on that carefree attitude of summer and that becomes the recipe for higher crash risk," explains Dave Carlson of Triple AAA Idaho. "There will be about 60 additional fatalities in the United States per month in the summer months."AAA calculated that an average of 442 teenaged drivers are killed in motor vehicle crashes every month during the summer, compared with an average of 363 teen traffic deaths during the non-summer months.
Preventing Teen Accidents
In Idaho, drivers between ages 15 and 19 were almost three times as likely as all other drivers to be involved in a motor vehicle crash in 2010.
To keep kids safe on the road, parents are encouraged to set limits and expectations for their young drivers. For example, parents should discourage teenagers with little driving experience from driving with their vehicles packed with passengers - it is distracting and dangerous.
Parents should also talk with their teens about the realities of drunk driving and distracted driving. Young people are more likely to use their cell phones while driving and parents should explain just how deadly this habit can be.
Parents should set a good example by wearing safety belts and requiring teens to wear safety belts at all times. In Idaho, only half of the teens killed in traffic crashes during 2010 were wearing safety belts.
Communicating with your kids about safe driving habits is important, especially during this time of year. "Parents should not underestimate the critical role they play in keeping their teens safe, especially during these high-risk months," said Brad Roeber, president of AAA's Chicago chapter.
]]>In April, at JFK Airport in New York, an Air France 380 jumbo jet clipped the wing of a Delta regional commuter jet, which officials refused to attribute to air traffic controller error despite the obvious indication. Transportation Secretary Ray LaHood said only that "human error" was to blame. His department has been embarrassed lately by the revelations of sleeping controllers. The incident in which First Lady Michelle Obama's plane came too close to another airplane was just another in a string of highly-publicized controller errors.
]]> Government officials from the FAA and Inspector General Calvin Scovel feel that the increase in air traffic control errors is due to a number of factors, including increased reporting of controller errors under a new program that encourages reporting without sanctions imposed on the controllers.One significant cause in the upswing of reported errors is inexperienced controllers. Inspector General Scovel reported that as many as 25 percent of the controllers working at airport towers and radar centers were in training as of March 2011, with as high as 43 percent at a Denver radar center and 39 percent at New York's LaGuardia Airport.
Some National Transportation Safety Board (NTSB) officials have suggested that controlled napping be permitted under certain conditions to increase the alertness of controllers who work late at night. Those officials cite studies indicating that short naps increase effectiveness. Secretary LaHood has expressed misgivings about the suggestion.
With as many as 11,000 controllers to be hired by 2019, the FAA would like to revise its method of recruiting new controllers by offering financial incentives to experienced controllers who transfer to larger airport towers and radar centers. It would also like to place higher-achieving graduates with more complex air-traffic facilities. Sen. Patty Murray of Washington noted, however, that the FAA's current method of graduate recruitment and placement has been an issue as far back as 2004.
]]>Because personal vehicles are so much smaller than semi trucks, cars in the midst of rear-ending the back of large semi trucks often slide underneath the trucks, causing the backs of the trucks to crash into the cars' windshields, crushing - and even in some cases decapitating - the drivers.
]]> Due to the high fatality risk of such accidents, the government has passed regulations that require many - though not all - of these trucks to install underride guards before hitting the roads.However, the IIHS says these guards are failing even at low speeds. The Institute conducted crash tests involving three different semi-truck underride guards that met current government regulations and found that they were not strong enough to withstand these types of accidents.
According to Adrian Lund, IIHS President, "The damage to the cars in some of these tests was so devastating that it's hard to watch the footage of the tests without wincing. If these had been real-world crashes, there would be no survivors."
As a result, the Institute is currently petitioning the federal government to implement new underride guard requirements for trucks. Specifically, they want the government to require stronger underride guards and expand the requirement to include additional large trucks and trailers.
]]>Two Idaho residents were killed when a vintage single-engine plane, converted for private use after the Korean War, went missing on Tuesday, March 8. The plane left Wendover, Utah, and was headed to Idaho Falls, Idaho. Just over 3 hours into the flight, the sheriff's office in Elko County received a call from the Salt Lake City airport stating that the plane had disappeared off the radar.
]]> Search and rescue crews from three states - Utah, Idaho and Nevada - focused their search in an area south of Twin Falls. The plane was found a mile north of the Nevada-Idaho border on Wednesday morning, about 19 hours after it took off.The pilot was a farmer whose hobby was flying vintage aircrafts. According to a friend, he had a lot of flying experience and had been handling vintage planes for years. The plane involved in the crash was used for radar operations by the National Guard in the early 1950s.
According to the National Transportation and Safety Board's (NTSB) report, the plane was at 6,000 feet when it crashed and started on fire. Early news reports covering the plane crash noted snowy conditions the evening that the plane took off, suggesting that poor visibility made conditions even worse in an already rugged area. But NTSB's report noted that visibility met the minimum requirements for flight, so weather may not have been a factor.
It is still unclear as to what caused the plane crash. The investigation remains open.
Source: Report released on Idaho plane crash that killed 2; Crews find 2 dead in wreckage of missing plane; Two bodies identified in Twin Falls County plane crash
]]>NHTSA has been gathering information regarding the proposal and will publish a Notice of Proposed Rulemaking in 2012 - which doesn't make it an automatic rule, but rather signals the agency's intent to change regulations regarding speed limiters.
As part of the information gathering, several motor carriers have expressed their support for speed limiters to the NHTSA. Schneider National supports installation of speed limiters, noting that the trucks without limiters accounted for 40 percent of its serious motor vehicle accidents while only driving 17 percent of the company's total miles.
]]> Speed Limiters Mean Increased Safety?Analysis by the ATA shows that vehicles travelling at faster speeds have less time to respond and stop in emergencies, and high speed increases the severity of truck accidents. Speed limiters have the potential to reduce crash severity.
Not only will the limiters create safety benefits, but they will also create economic benefits, said the Insurance Institute for Highway Safety (IIHS). According to the ATA, an increase of 10 mph results in another gallon of fuel used and for every one mile per hour over 55 mph there is a 1 percent reduction in tire tread life.
Speed Limiters Create a Dangerous Speed Differential
Concern has been expressed that requiring speed limiters in large trucks will create a speed differential on the highway. The risk of an accident is lowest near the average speed of traffic, according to the ATA, and increases for vehicles going much faster or slower than that average. While a speed differential will likely exist on some freeways, one motor carrier company, J.B. Hunt Transport, specifically noted that the differential risk is outweighed by the decreased risk of speeding trucks.
If a new regulation is made, the U.S. will join several other countries in requiring speed limiters for large trucks. Australia and the European Union have limited trucks to 62 mph since the 1990s, Japan has limited trucks to 56 mph since 2003 and several Canadian provinces started limiting trucks to 65 mph in 2009.
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