Defendant's Attorney: Michael W. Moore and Steven R. Kraft

Description: Boise, Idaho personal injury car wreck lawyer represented the Plaintiff who sued the Defendant on negligence theory claiming to have suffered more than $75,000 in damages and/or injuries.

This case was filed in the Fifth Judicial District - Twin Falls, CV42-22-03607 and was removed to federal court by the Defendant.

Idaho Auto Negligence Law

Duty of Care: Every driver in Idaho has a duty to operate their vehicle safely and follow traffic laws to avoid harming others. This includes avoiding behaviors like:

Speeding
Distracted driving
Driving under the influence (DUI)
Reckless driving
Failing to yield right of way
Ignoring traffic signals

Breach of Duty: The injured party must prove that the other driver breached their duty of care, causing the accident and resulting injuries. Evidence like:

Police reports
Witness statements
Accident scene photos
Vehicle damage photos
Medical records

Proximate Cause: The breach of duty must be the direct cause of the accident and injuries. Simply showing the driver was negligent isn't enough; you must prove their negligence directly caused the harm.

Damages: If all elements are proven, the injured party can seek compensation for various damages:

Medical expenses
Lost wages
Pain and suffering
Property damage

Comparative Negligence: Idaho follows a modified comparative negligence rule. This means that even if the injured party is partially at fault, they can still recover damages, with their compensation proportionally reduced based on their percentage of fault. For example, if they're 30% at fault, their damages are reduced by 30%.

Statute of Limitations: Claims in Idaho have a two-year statute of limitations, starting from the date of the accident.

Additional Points:

Legal resources: Consult the Idaho State Bar or Idaho State Police for guidance and resources.
Insurance: Idaho requires drivers to carry minimum amounts of liability and uninsured/underinsured motorist (UM/UIM) coverage. This can play a significant role in covering damages and navigating negligence claims.

Specific Scenarios:

Here are some situations where Idaho auto negligence law might apply:

Car accidents: A driver violating traffic laws and causing a collision could be liable for resulting injuries.
Hit-and-run accidents: The injured party can still pursue compensation through their UM/UIM coverage if the at-fault driver is unknown or uninsured.
Pedestrian accidents: Drivers have a duty to exercise due care towards pedestrians and are liable for causing injuries due to negligence.

Seeking Legal Help:

If you believe you've been harmed due to someone else's negligence in an Idaho auto accident, it's crucial to consult with an experienced personal injury attorney specializing in auto negligence. They can:

Assess your case and identify potential legal options.
Gather evidence and build your case.
Negotiate with insurance companies or represent you in court.

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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