Car Accident Lawyer in Boise, Idaho

According to a study by AAA, the number of people dying in fatal crashes continues to increase on Idaho highways. This is even more true since more drivers are entering the road as Covid begins to let up and people get back to normal. After getting in a crash, contacting a Boise car accident lawyer is more important than ever.

USDOT Reports

The United States Department of Transportation reports that nationwide, vehicle crash deaths increased by 7.2% in 2015, but Idaho reported an increase of 16.1%. That is over two times more than the national average. Despite the fact that so many car accidents occur in Boise, Idaho, seeking compensation is not very simple. You must work with the experienced Boise car accident lawyers in Boise, Idaho, to get compensated for any damages that you may have incurred.

Suggestions from AAA

The AAA report suggests that casual driving habits may be the reason behind this increase. The AAA 2016 Traffic Safety Culture Index shows that drivers continue to engage in risky driver behavior. If you have been in a car accident that is the result of reckless driving, speak to one of our experienced Boise car accident attorneys today.

Common Causes of Car Accidents in Boise, Idaho

Car accidents are a common occurrence on the roads in Idaho. There are several reasons for these accidents including carelessness, recklessness, driving under the influence of drugs and/or alcohol, distracted driving, and speeding.

ITD Reports and Suggestions

The Idaho Transportation Department is particularly concerned about cellphones and how they are quickly becoming a big source of distraction for drivers. The ITD reports that distracted driving contributed to 23% of Idaho motor vehicle crashes in 2015 and could be considered responsible for 51 deaths.

The AAA study reports that while 91.7% of drivers in Idaho believe that distracted driving is a problem, nearly 68.2% of these drivers also reveal that they have talked on a cellphone while driving in the past 30 days. Up to 40% report that they have read a text or email during the same time period. If you are a victim of a car accident and if the other driver was texting or talking on the phone while driving, you should consult car accident lawyers to find out how you can claim damages for the injuries you may have incurred.

In addition to distracted driving, drivers in the United States also demonstrate reckless behavior. Speeding and red-light running are the two biggest areas of concern. As many as 45.6% of drivers in the US report that they have driven 15 miles per hour over the speed limit on a freeway in the past 30 days while one in three drivers admit running a red light.

Aggressive driving contributed toward 52% of motor crashes in Idaho. This is a 7% increase over last year. Do not let any driver get away with speeding or violating traffic rules. Call our car accident lawyers to find out if you can seek damages after being in a car accident.

 

What Should I Do After a Car Accident in Boise, Idaho?

No matter how safe of a driver you are, car accidents can happen unexpectedly. If you are involved in a car accident in Boise, Idaho, there are certain things that you should do:

1. You must remain calm.

We understand car accidents can be traumatic, but it is important that you don’t panic.

2. Call 911.

This is important so that you, any passengers in your car, as well as the driver and passenger (if any) of the other vehicle, get immediate medical attention. There are often cases where people involved in a car accident think that they are fine because they do not have any obvious injuries. While this may be true, you should still let a healthcare provider examine you just to be on the safe side.

Your car accident attorneys can also use this initial medical report to prove your injuries should the doctor notice anything concerning.

3. Answer any questions that the police officer asks you honestly.

This does not mean that you make any admission of guilt or pass any sweeping statements. However, you should answer all questions honestly and to the point. Based on your statements and those of the other driver involved in the accident, the police officer will issue traffic citations and take action. This step is also important if in future you decide to take legal action against the other driver. Your car accident attorney will use the police report to support your case. Under no circumstances should you leave the scene of the car accident before the police officials permit you to leave.

4. Once you’ve had medical attention and have answered any questions that the police may have for you, you should contact the Boise car accident lawyers.

This is true whether you believe you were at fault or not. Car accident lawyers can help you determine your percentage of fault to see if you are entitled to any compensation from the other driver. Then, they can help you recover money for any costs that you have incurred. In both cases, consulting experienced car accident lawyers is very important.

5. Inform your insurance company that the accident has occurred.

This is also important as the insurance company is the first source that you will turn to when you set about recovering damages. However, do not attempt to deal with insurance companies on your own and let your car accident lawyer handle the negotiations.

6. Do not take on any confrontation with the other driver(s).

Even if you are 100% sure it was the other driver’s fault, you do not want to lose your cool, especially in front of the authorities. You might just make the situation worse for yourself. Your best strategy is to answer all questions in a polite manner and then speak to a car accident lawyer.

7. Do not, under any circumstances, hit another car, object or pedestrian, and flee the scene.

You can be in huge trouble if you do so. Be responsible. Seek medical attention. Call the police. Speak to a car accident lawyer.

8. Do not, talk to an insurance adjuster until you have consulted and Idaho Personal Injury Lawyer.

Insurance adjusters will try to trick you right after the accident and act like your friend. They are not. They are merely attempting to lull you into saying something that is detrimental to your claim later on and use it against you.

What Should I Do After a Hit and Run Accident in Boise, ID?

It is important to remember that remaining on the scene of a car accident is imperative. This is true not just for Boise, Idaho but in every state in the U.S. 

There is no doubt when people get into car accidents; they can panic and be tempted to flee. But this could turn out to be a big mistake. This is classified as a hit-and-run which basically refers to an act of being in a road accident with another vehicle or a pedestrian, and fleeing the scene before determining if anyone was injured or if anybody’s property was damaged.

As per the laws in the State of Idaho, anybody involved in a hit-and-run which results in an injury to a third party or their death can be fined up to $5000 and/or imprisoned for up to 5 years. The hit-and-run driver’s license can be revoked for one year. The driver in question will be charged with a felony. If the hit-and-run accident results in damage to a vehicle, it will be classified as a misdemeanor, and the hit-and-run driver will have their license revoked for one year.

If you believe that you are a victim of a hit and run, call a car accident lawyer immediately. Experienced Boise car accident attorneys can use their resources to help you track down the negligent driver so you can seek the compensation you deserve.

How a Boise, Idaho Car Accident Lawyer Can Help You Negotiate with Insurance Companies

In most car accident cases, it is the insurance companies that are responsible for compensating the injured party through an insurance claim. There are exceptions to this rule, but you should not worry about the other person having to pay your medical expenses, property damage, lost wages, fees to a law firm, or any other expense related to the crash.

That is why every licensed driver with a registered vehicle in Boise, Idaho is required to carry mandatory car insurance. The minimum car insurance requirements in Idaho are:

• $25,000 for bodily injury to one person in a single accident
• $50,000 for total bodily injury for all persons in an accident
• $15,000 for any property damage

While the law does not require you to carry any additional insurance, it might be a good idea to opt for comprehensive coverage and additional policies through your own insurance company since this can save you from financial loss in case you are ever involved in a car accident.

The objective of mandatory car insurance is to ensure that in case of an accident, people do not have to pay for damages out of pocket.

However, there is a gap between the theory of insurance coverage and the reality. In principle, every driver must carry insurance. If a driver is involved in a car accident and is found to be at fault, in theory, their insurance company will provide compensation to the injured party. But in reality, things can often turn out to be more complicated. There can be different scenarios:

At Fault Driver = No Insurance

The driver who is at fault does not have insurance or is underinsured. In such a case, the injured party cannot simply file a claim with the insurance company. They may have coverage with their own insurance provider, but this is not always the case either.

This does not mean, however, that you cannot get compensation. You just have to file a compensation claim in court. Consult a car accident lawyer to find out what steps you need to take.

Insurance Company Disputing the Total Damages

The driver is insured, but the insurance company does not want to cover all of the damages that you incurred. This is a very common occurrence.

You have to understand that insurance companies do not have your interests at heart. Their goal is to minimize their financial exposure. Even if their client is at-fault, they will not simply agree to pay you the amount you claim. They will try to negotiate, and they will try to settle with you for an amount that is much lower than what you originally claimed. You have to be vigilant about this.

Talk to a car accident lawyer. Never sign any settlement before you have discussed it with your car accident attorney. Insurance companies can be very difficult to deal with, so it’s best that you let a car accident lawyer take the lead in this.

Additional Insurance Policies That Can Help

As stated above, in Idaho, people are required to carry a minimum of $25,000.00 in liability coverage. This is to protect all drivers on the road.

But, that amount is generally not enough to cover the damages even for a regular, run of the mill small rear end car crash. Typical emergency room medical bills that include x-rays, cat scans, and multiple tests can reach anywhere from $5,000 - $15,000.00. If you end up there over night or in the trauma unit, your medical expenses will go through the roof as it it will be a more serious car accident.

What everyone needs to understand is that there is nothing actually in existence that is "full coverage." What people typically consider full coverage is a combination of several different policies that apply to their vehicles when they get into motor vehicle accidents.

Uninsured Motorist Coverage (UM)

This policy applies to auto accidents where the driver that is responsible for causing the auto accident doesn't have insurance at all. Typically, the minimum amount of coverage that this policy is is for $25,000.00.

This policy as well as the underinsured policy referenced below are required by law to be put in place unless you specifically decline coverage in writing. Your Boise car accident lawyer will be able to review your policy to determine if you have UM coverage for your car accident claim for your personal injury or whether you have declined it with the insurance company.

When considering the UM policy on your insurance for personal injury cases, you should consider raising the limits on both the UM policy and UIM policy as there is a significant likelihood that if you ever do get into a Boise car accident, your medical bills, lost wage reimbursement work claim, health insurance lien, and other damages will be far higher than the low auto insurance limit requirement of $25,000.00.

You can always just ask how much it will add to your monthly premiums or ask other auto insurance providers for a new quote. From our experience reviewing quite a few car wreck insurance policies, it does not cost that much more to go from $25,000.00 in coverage to $100,000.00.

Underinsured Motorist Coverage (UIM)

This policy is similar to UM coverage, but applies in a vehicle accident where the medical care, medical bills, and other damages exceed the amount of coverage the the at fault party that caused the auto crash has.

This policy is a little more tricky because there are some exclusions that the insurance company puts into your policy that allows the insurance adjusters to refuse to provide any money for the policy that you paid for.

For example, if you have a $25,000.00 UIM policy, but the at fault party also has a $25,000.00 policy, the insurance adjusters at your own insurance company can refuse to pay because the at-fault driver is not considered to be under insured pursuant to the terms of your policy for your personal injury claim.

Like the UM coverage, you should look into adding more coverage because if you need it for your personal injury case, it will be extremely helpful. It also doesn't cost an arm and a leg to add a significant amount of more coverage for car crashes.

Medical Payment Coverage

You can elect to have medical payment coverage on your policy for a personal injury. this coverage would apply even if you caused the care wreck. So, it is beneficial in more ways than one.

This coverage is especially helpful if you don't have health insurance or want to see a provider that your health insurance refuses to cover like some massage therapy offices, chiropractors, or physical therapists for your personal injury.

It can also help you stay out of collections as this will pick up some of the slack from your health insurance coverage.

Statute of Limitations for Boise, Idaho Personal Injury Claims

According to car accident compensation laws in Boise, Idaho, those who wish to file a claim must do so within two years in case of bodily injury and within three years in case of property damage. In Idaho, there is a $250,000 cap on non-economic damages. If you have been in an accident and are unsure whether you can still file for damages, you should speak to a car accident lawyer today.

Statute of Limitations Against Your Own Insurance Company

Although some people are unaware, you can actually sue your own insurance company if they do not follow the terms of your insurance policy or if they try to settle a claim with you in bad faith.

If this is the case, you have up to five years from the date of the claim to file a lawsuit against your insurance company.

Damages you can claim against your insurance company

You can claim a lot of the same damages against your own insurance company that you can claim against the at-fault driver.

If they are committing acts or treating your bad enough, you could also request punitive damages which is essentially a punishment for their behavior. These claims are out there.

Determining Fault After a Car Accident in Boise, Idaho

Idaho car accident compensation laws are based on the fault system. This means that whoever is at fault for the accident is held responsible.

However, if you want to get compensation for any bodily injury or property damage, you have to prove that the other driver was at fault. If you have been in a car accident in Boise, Idaho and wish to seek full and fair compensation for the costs that you have incurred, consult a Boise car accident lawyer. Car accident lawyers can play an important role in presenting your case to the judge and help you in establishing fault.

Determining Fault is Rarely Black and White

All car accidents are not the same. Sometimes, it is obvious who is at fault, but there are other situations where determining fault is not simple. To determine fault in such cases, Idaho uses the modified comparative negligence rule.

As per this rule, the party seeking compensation cannot be more at fault than the other party. Any driver who is 50% or more at fault cannot seek compensation.

When determining fault under this rule, the judge will evaluate the evidence and will assign fault using their best judgment. Compensation will be based on the fault levels assigned. For example, if the party seeking compensation is 30% at fault, then their compensation level will be 70%.

That is because they will be held accountable for their level of fault. You should speak to a car accident attorney to determine what your compensation levels could be and how you can prove that you were less than 50% at fault for the accident.

Types of Damages in Car Accidents in Boise, Idaho

Car accident victims in Boise, Idaho can seek compensation for both economic and non-economic damages, including:

• Medical expenses
• Lost wages
• Pain and suffering
• Vehicle repair or replacement
• Loss of companionship
• Wrongful Death

What You Must do to Recover Compensation for a Car Crash

If you want to be successful at collecting compensation, you must consult one of our experienced car accident lawyers. Car accident lawyers are very thorough and will gather all the required proof to show the judge the damages that you incurred and the financial compensation that you deserve.

Is There a Cap on the Car Accident Damages I Can Receive?

In Idaho, there is no cap on economic damages such as lost wages or medical expenses. However, there is a basic cap of $250,000 on non-economic damages. This cap is adjusted every fiscal year based on the amount of increase or decrease in the average annual wage.

How Can Boise, Idaho Car Accident Lawyers Help My Case?

Idaho courts determine car accident settlement amounts by determining fault and by evaluating the details of the accident. We understand that you might not be in the right position to deal with the legal issues related to the accident, but at the same time, you need to understand it is important to take legal action if you have suffered.

Limited Time to Act

You have two years from the day of the accident to file for compensation for any bodily injury and three years from the day of the accident to file for compensation for any property damage. You do not want to lose this opportunity, and you have to take action immediately. Our car accident lawyers are here to help car accident victims file your claim in a timely manner and will provide you the best legal representation so that you can get the compensation you deserve.

Insurance Adjusters Do NOT Have Your Best Interests In Mind

You might believe that the other driver’s insurance company will simply pay your bills. That may be true in theory, but in reality, insurance companies can be very difficult to deal with after you’ve been injured. They do not want to pay you anything. But, they also may try to trick you into taking a low ball, pennies on the dollar, settlement right after the auto accident. It happens all the time. Adjusters receive bonuses for paying less than full and fair compensation for claims.

Not only will they try to minimize the losses you have suffered, but they may also try to convince you to sign a settlement that is way below the amount you truly deserve.

Do not fall for this strategy and do not sign anything before you speak to a Boise car accident lawyer. Insurance companies, even your own, do not have your best interests at heart. They are more focused on their client and their profits.

Speak to our car accident lawyers if you have received a call from the insurance company and if they are offering you a settlement. Our car accident attorneys know how to negotiate, and they will do what is best for you. Our goal is to fight for your rights, and we will do our best to get you the compensation that you deserve.

Consult with an Experienced Car Accident Lawyer in Boise, Idaho, About Your Case Today

Car accidents can be traumatic. This is especially true if the people involved in the car accident suffer from serious injuries. If you have been hurt in a car accident in Boise, Idaho, please call the car accident lawyers at the Joe Frick Injury law firm.

We have a team of car accident lawyers who have dealt with many car accident claims and have successfully collected compensation for clients.

Our car accident lawyers will discuss the specifics of your case with you and will outline the possible options that may be available. We believe that dealing with the physical, emotional and financial consequences of a car accident can be very challenging for most people. We also understand the mental distress that could potentially result from any life-changing injuries.

Our car accident lawyers are here to help you deal with the legal aspect of your situation so that you can focus on your health, your recovery and your family.

It is our commitment to help you deal with the financial costs that you may have incurred right after the accident. This could include any medical bills, prescription costs, hospitalization costs, rehabilitation and therapy costs. In addition, we will help you recover any wages that you may have lost due to the inability to go back to work right after your accident. Talk to an experienced car accident lawyer at Joe Frick Law to find out exactly how we can help.