In the moments following an accident, you might wonder “what was that driver thinking?” or “how did they not see me?” Too often, the answer is that they weren’t thinking and they didn’t see you because they were on their phone or were otherwise distracted. If that is the case, you may be entitled to have the distracted driver compensate you for all of the losses you suffered as a result of your accident. If you’re seeking compensation from a distracted driver or their insurance company, Litster Frost Injury Lawyers is here to help. Our firm is one of the largest personal injury teams in the state of Idaho and we are well equipped to fight insurance companies who don’t want to pay you the compensation you’re entitled to. For a free analysis of your case and what you might be able to recover, call our firm today at (208) 333-3333 to schedule an appointment.
What Are Idaho’s Distracted Driving Laws?
Texting and driving have been a primary traffic offense in Idaho since 2012. Talking on a phone is legal except for novice drivers, but drivers still have a duty to remain fully alert. Even if a certain violation doesn’t have a specific law against it, Idaho police can still use their judgment to cite distracted drivers with careless driving and other traffic offenses. This is highlighted each April when the Boise Police Department holds its Distracted Driving Awareness Month. Officers routinely pull over drivers who are distracted while eating, putting on makeup, or changing their music. Worse still, most of the traffic stops are conducted by officers in marked patrol cars which shows just how distracted the drivers were.
How Do Idaho’s Distracted Driving Laws Affect Your Case?
If the other driver is cited for distracted driving this can be a very positive factor for your case. Even though traffic citations don’t necessarily show who will be found at fault in the accident, a distracted driving citation signals that the cited driver wasn’t exercising reasonable care while driving which is a key element in building a case for a negligence claim. Further, a police officer’s investigation and testimony are often more compelling to a jury than your own account of what happened because they are a neutral party with no interest in the case. Even if a police officer didn’t issue a citation, you can still allege distracted driving in a personal injury claim. Often, officers may not feel comfortable writing a citation for something they didn’t personally witness or may feel bad writing a ticket to a driver who suffered thousands of dollars of damage to their own car. Your own testimony, dashcam video, or other witnesses can all help to prove distracted driving even if a citation wasn’t issued.
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Comparative Negligence Rule
COMPARATIVE NEGLIGENCE RULE
Idaho follows the comparative negligence rule, which means that a court will look at both parties’ actions and level of fault in the case of a motorcycle accident.
Even if you were both driving irresponsibly, if the other driver was driving more carelessly, then you may still have a case. It’s important to recognize, however, that any fault on your part will limit the amount of damages which you can receive.
SEE IF YOU HAVE A CASE IMMEDIATELY:
To schedule a consultation about your accident, call our office at (208) 333-3333 or fill out your case evaluation form now.