U.S. Supreme Court Makes it Easier to Sue the Government for Negligence
A recent Supreme Court decision could have implications for individuals who wish to sue the federal government for negligence in Meridian and Boise, Idaho.
A recent Supreme Court decision could have implications for individuals who wish to sue the federal government for negligence in Meridian and Boise, Idaho.
Defensive driving is a term often used in driver’s education courses. For many people, defensive driving just means “safe driving.” Yet, defensive driving is actually a set of driving tools individuals can use when they are out on the road to guard themselves against accidents. In short, defensive driving can save your life.
Facebook has over 1 billion users. That’s one seventh of the human population alive on earth today. Twitter boasts about 271 million active users. These forms of communication can keep us connected to friends and family who live across the world. They keep us informed about the world. They link us. Yet, these same tools that can be so beneficial can also have some serious consequences, particularly for individuals who are in the midst of litigation.
The story is tragic. A fifteen year-old boy was killed while performing a maneuver under the guidance of his driver’s education instructor. The driving instructor apparently told the boy to make a three-point turn on a road that turned out to be icy, have limited visibility, and be too narrow to perform a three-point-turn properly. While the boy was in the process of performing the turn, another car hit the driver’s education vehicle with the boy inside. The 15 year old boy died on the scene.
[et_pb_section fb_built=”1″ next_background_color=”#ffffff” _builder_version=”3.3.1″ use_background_color_gradient=”on” background_color_gradient_start=”rgba(0,0,0,0.76)” background_color_gradient_end=”rgba(0,0,0,0.88)” background_color_gradient_overlays_image=”on” background_image=”https://johnsonandlundgreen.com/wp-content/uploads/2018/05/wall-2902506_1920.jpg” custom_padding=”100px|0px|125px|0px|false|false” bottom_divider_style=”slant2″][et_pb_row _builder_version=”3.3.1″][et_pb_column type=”4_4″ _builder_version=”3.3.1″ parallax=”off” parallax_method=”on”][et_pb_post_title categories=”off” comments=”off” featured_image=”off” _builder_version=”3.3.1″ title_font=”ABeeZee||||||||” title_text_align=”center” title_text_color=”#ffffff” title_font_size=”30px” title_font_size_last_edited=”on|phone” meta_font=”||||||||” meta_text_align=”center” meta_text_color=”rgba(255,255,255,0.67)”][/et_pb_post_title][/et_pb_column][/et_pb_row][/et_pb_section][et_pb_section fb_built=”1″ _builder_version=”3.3.1″ custom_padding=”50px|0px|28px|0px|false|false”][et_pb_row use_custom_width=”on” width_unit=”off” custom_width_percent=”55%” custom_padding=”27px|0px|0|0px|false|false” _builder_version=”3.3.1″][et_pb_column type=”4_4″ _builder_version=”3.3.1″ parallax=”off” parallax_method=”on”][et_pb_text _builder_version=”3.3.1″ text_font=”||||||||” text_font_size=”15px”]The statistics are overwhelming: seat belts save lives. According to the National Safety Council, more than 50% of people killed in motor vehicle crashes were not wearing seat belts. Wearing a seat belt is the law in Idaho. Everyone who is riding in a vehicle is required to wear a safety belt. Yet, Idaho’s enforcement of the law is different than enforcement in other states.
32 states have implemented “Click it or Ticket” laws. Under these laws, officers have the right to stop drivers if either drivers or passengers are seen not wearing seat belts. Yet, 18 states treat failure to wear a seat belt as a secondary offense. This means that an officer can issue citations, but only if the offense of not wearing a seat belt is discovered during a pull-over for another offense. An officer in these states cannot stop drivers simply for observing that individuals in the car have failed to wear seat belts. Idaho is one such state.
According to the National Highway Traffic Safety Administration, seat belt compliance often reaches 90% in states in which seat belt use is treated as a primary enforcement law. Compliance is high in states where officers can pull drivers over for failure to wear a seat belt. In states where seat belt use is secondarily enforced, seat belt compliance is only 78%.
We know that seat belts save lives. We know that failure to wear a seat belt increases a vehicle rider’s risk of dying or being seriously injured in a crash. Almost all states have laws requiring individuals to wear seat belts. Given these facts, one wonders why Idaho hasn’t implemented primary seat belt enforcement laws.
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Some legislators are pushing to make failure to properly restrain a child in a motor vehicle a primary offense. While few individuals would argue with the importance of ensuring that children are properly restrained, some legislators worry about how such a law would be properly enforced. Some opponents of the law feel that the state shouldn’t have the right to tell people what to do or tell people how to parent. Some consider primary seat belt laws intrusion of the government into the personal lives of citizens. Yet, it is clear that the state has an interest in keeping people safe when they hit the road. The Centers for Disease Control affirms that higher seat belt usage leads to more lives saved. When it comes to children, who may or may not be old enough to gauge the risks themselves, it seems logical for the state to create harsher penalties or increase enforcement to ensure that children are restrained.
Yet, opponents also worry about the increased risk to officers. One of the most dangerous times to be a police officer is during a roadside stop where the officer is vulnerable to getting hit and killed.
Should Idaho make itself a “Click it or Ticket” state? The debate continues. In the meantime, the seat belt use rate hovers at 78%. The Law Office of Johnson & Lundgreen sees countless preventable car accidents each year. Seat belt use can help prevent unnecessary injury or death.
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One Idaho State University Student who was involved in a car accident recently told the Idaho State Journal that he has been frightened to get behind the wheel following his car crash. The young man was involved in a crash that is still being investigated by police. The police report indicates that the man hit the rear of a car driven by a woman who was in the process of trying to run from police. The Idaho State University Student expressed concerns about driving at high speeds following the accident. As a result of the accident, he had to withdraw from school and quit his job. He sustained injuries including a sprained rotator cuff.
Idaho is preparing itself for driverless cars. While Google is still very much in the process of testing the technology, Idaho is positioning itself to be one of the first states that will allow the cars to hit the road. Lawmakers are in the process of sponsoring laws that will allow for the testing of driverless cars in Idaho.
Car and truck accidents occur for a variety of reasons. Drivers may be distracted, or sleepy. In some cases, drivers fail to obey the rules of the road. In other cases, drivers may have been speeding. When an accident occurs and there is a clear negligent party, victims have a clear course of action. Idaho offers protections that allow citizens to due negligent parties for pain and suffering, medical bills, and rehabilitation costs following a personal injury due to a car accident.
When it comes to personal injury cases, your lawyer will need to learn many personal and private details about you and your family. Your lawyer may need to review medical records, learn about your prior medical history, review your financial history with respect to wages, and learn more about your lifestyle before and after your accident. There are often some very sensitive and private topics that must be discussed when determining the value of a case.
Johnson and Lundgreen
2541 E Gala St, Ste. 210
Meridian, ID 83642
Phone:(208) 376-5256
7610 Southside Blvd
Nampa, ID 83686
Phone:(208) 466-4292
250 S. 5th St., Suite 300
Boise, ID 83702
Phone:(208) 376-5256
Delia Magill2021-10-29 They're my lawyers Jenny2021-02-26 Scott was fantastic. He represented me very well in my case and got a very fair settlement without having to go to court. Scott listens to his clients and provides honest kind advice. Following his lead procured the best possible outcome for my husband and I. Thank You to Scott and his team of professionals. David McCormick2021-01-02 Super friendly and helpful staff, kept me informed of every step and made me feel welcome every time I came in, lovely people to work with and they get the job done the right way. Brian Brown2020-09-02 Scott Lundgreen is one of the most compassionate, hard working, exemplary attorney I have ever had the pleasure to work for me. He is an outstanding person who actually sincerely cares about his clients. He went over and above for me and my family. I can't thank you guys enough for everything you have done. Thank you for helping us through my horrific motorcycle accident. Lewis Jones2019-11-08 They are great they are very friendly and helpful and the staff is the best and I would recommend them to anyone Mari M2019-10-09 Fantastic experience with Mr. Lundgreen. Im grateful for his expertise. I would recommend his office 100%. I have only good things to say about them! Thank you for taking the best care of us Scott. BlueShark Beauty2019-07-21 Helped me alot with my horrible car crash. They were patient and honest. I will always recommend these guys.
We work with people throughout the Treasure Valley on cases of personal injury: Automobile accidents, slips and falls, dog bites, etc. We take cases on a contingent fee basis meaning you pay no attorney fee unless we recover money for you.
(208) 376-5256
(208) 466-4292
(208) 376-5256