Ignition Interlock Devices
There may be a requirement for an ignition interlock device after the conviction of driving under the influence. This device will restore your driving privileges during your probation. If you have an ignition interlock device installed, it must be in all vehicles you operate.
This device measures how much alcohol that is in your body. Before you start your vehicle, you must blow into the tube that is on the ignition interlock device. If it detects a BAC of .08% or higher, the car won’t start, and law enforcement receives notification of the violation.
At that time, you may lose your driving privileges. You also could be immediately arrested and even incarcerated, according to state law.
Idaho Dram Shop Law
Idaho features a modified Dram Shop Law. This law refers to the liability of a bar, hotel, nightclub, or private social host who serves alcohol. This applies to guests, patrons, or minors. The law comes into play if the alcohol served results in auto accident injuries to third parties.
A private social host is someone who hosts a party, such as a birthday, wedding, or gathering of friends. Attendees receive alcohol for no profit for the host.
Under state law, the commercial establishment or social host is liable. They will pay for the property damages and/or personal injuries caused by a drunk person. This is the case if they knowingly gave alcohol to an intoxicated person or minor.
Comparative Negligence Rule
In this state, a car accident victim can sue the at-fault driver for compensation. The victim’s liability for causing the accident is comparative negligence. It will affect how much compensation you’ll receive.
Perhaps you contributed less than 51% of the negligence that led to the crash. Then, the compensation you receive lowers by the amount of fault you have for the accident. If you contributed 51% or more, then you’re barred from getting compensation.
For example, say you’re driving to work, and you turn left at the left turn green light. At the same time, the other driver is going straight through the intersection. She hits your vehicle.
In the accident investigation, the police and insurance companies determine the other driver suffered a broken hip. She also has severe car damages that total $50,000.
The police determine that you turned left in front of the other driver. You also failed to yield to oncoming traffic. However, the other driver was going 15 MPH above the speed limit. The insurance companies involved determined that you were 75% responsible for the accident. The other driver was 25% responsible.
This means that other driver will receive $37,500 in compensation instead of the full $50,000.
Limits on Personal Injury Damages
Idaho is like some other states that have limits on personal injury damages. There is a cap of $250,000 for pain and suffering in this state. The exception would involve willful or reckless conduct. A possible exception to this cap might be if a highly drunk driver, well over .08 BAC injures you in a car accident.
Also, Idaho’s modified comparative negligence law bars you from recovery if you are 50% or more liable. When you are not barred from recovery, damages awarded reduce according to the level of negligence you had for the accident.
Damages that you may be eligible to receive in Idaho include:
- Medical expenses
- Pain and suffering
- Auto repairs or replacement
- Lost wages
- Rental cars
- Loss of companionship or affection
- Wrongful death
These damages usually are non-economic and economic damages. Economic damages refer to repairing or replacing your car. They may also cover medical expenses for the past or future. Lost earnings, and other out-of-pocket costs that you can calculate are also economic damages. Non-economic damages refer to emotional distress, pain and suffering, disfigurement, or disability.
Non-economic damages are difficult to calculate. This is why it’s almost always advisable to hire an attorney in a severe car accident. If you attempt to negotiate a settlement on your own, you’ll almost always end up with much less money than you need.
Idaho Crash Settlement Taxes
Many people want to know if their settlement for a personal injury case is taxable in the state of Idaho and federally. For the most part, there is no tax on your personal injury settlement or verdict. That said, you should know the exceptions.
Generally, suppose you receive money for a settlement for a tangible/physical injury. The settlement may cover the related medical expenses and your mental suffering. In that case, there will not be an income tax applied at the state or federal level.
But you may have decided to deduct medical expenses in an earlier tax year. In that case, this is taxable as income in Idaho and the federal level.
If you receive compensation for your property damage/loss, the funds are nontaxable. If you get compensation for lost wages at work, this is taxable in Idaho and at the federal level.
If you receive punitive damages, this is taxable at the state and federal levels. This is money you would get to punish the other party for reckless or willful misconduct.
Keep in mind that while most of your settlement isn’t taxable, it’s always a clever plan to talk to a CPA about your situation; the last thing you need is an unexpected tax bill next year.
Speak To Someone About Idaho Auto Accident Laws
If you’re injured in a car accident in Idaho, make sure that you call law enforcement and get medical help if required.
Lawsuit Info Center can help you find an experienced personal injury attorney in your area. You may be due compensation for your physical and emotional injuries. Use our site to find an Idaho auto accident lawyer today.