Idaho Auto Accidents
Idaho follows a system of tort liability with regard to auto accident and personal injury laws, as do 27 other states. Tort liability states are those that allow litigation to handle the damages that occur from car crashes. As such, there are no thresholds or legal limits placed upon injured victims' abilities to sue. So, if you are involved in a car collision, a party must be determined to be the cause or "at fault" for the crash. That party is then deemed "at fault" under Idaho law and becomes legally responsible for the entire resulting damages, whether medical or property-related. These damages are normally processed through the insurance company of the at-fault driver. Because Idaho is a tort liability state, a majority of insurers offering auto insurance within the state generally recommend that their driver clients buy higher insurance coverage limits than state-required minimum levels.
Idaho Sets Deadlines for Injured Victims Filing Accident Claims
Idaho's statute of limitations (legal time limit) law allows injured victims two years from the date of an auto accident to file a claim against the at-fault driver. There are some exceptions, however, to this usually strict deadline. Still, time is of the essence in asserting your car accident injury and property damage claims in Idaho. Therefore, it is prudent to obtain prompt legal assistance from an auto collision attorney as soon after you obtain proper medical treatment as possible. Any lengthy delays could prejudice your claims, rights, and interests.
If you are not able—with or without counsel—to negotiate a voluntary settlement with the other driver (or that driver's insurance company) involved in your crash, then you and your Idaho attorney, if any, should consider filing suit expeditiously. That lawsuit will probably be filed in the state court system. The civil suit must commence before the statute of limitations ends and time runs out for filing your personal injury claim.
The Importance of Negligence in an Auto Accident Claim
To collect a recovery from an auto collision injury claim, Idaho laws require you (or your car collision lawyer, if any) to prove the other driver was negligent in his or her driving behavior. You must show the following elements to assert and prevail in your auto accident negligence claim:
- The driver who caused your injuries had a responsibility and legal duty not to injure you and failed to live up to that legal duty. (These are known as the duty and breach prongs.)
- There is a connection between the other driver's responsibility and your resulting personal injury. (This is known as the causation prong.)
- You suffered damages or a financial loss as a result of the automobile accident. (This is known as the damages prong.)
Potential Monetary Compensation for Damages
If you suffer injuries in Idaho because of a car crash caused by another party's fault, then you may be able to receive monetary compensation for damages, losses, and/or injuries, such as:
- Costs or out-of-pocket expenses that you have incurred because of the automobile accident, such as towing and storage fees
- The repair or replacement of your vehicle and any property damaged or destroyed in the accident, such as personal property stored in your vehicle
- Past, present, and future bills for medical treatment related to your auto-accident injuries
- Permanent disability and disfigurement damages stemming from the automobile accident
- Emotional distress damages stemming from the automobile accident
- Lost wages for time missed from employment (including time spent going to doctor's appointments, physical therapy, and court appearances)
- Any lost future earning capacity because of automobile accident injuries
- The cost of hiring help to do household chores (cleaning, lawn care, cooking, shopping, childcare, etc.) that you are no longer able to perform due to your injury
Locate a Local Idaho Auto Accident Attorney Today
An Idaho car accident lawyer will represent you in court and can examine and evaluate your particular case to assess possible bases for your recovery and probable damages stemming from the car crash. He or she can likewise highlight strengths and weaknesses of your unique case and outline the likely timeline for negotiating and/or litigating your claims. An Idaho-based auto collision lawyer can help you navigate the state court system and best position you claim for favorable recovery. Call now to speak with an auto accident attorney in Idaho at 877-913-7222.