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If you’ve been hit by a distracted driver in Boise, Idaho, you have the right to pursue compensation through insurance or a lawsuit. With the help of a Boise car accident lawyer at Craig Swapp & Associates, you can take the appropriate legal steps to protect your rights and seek damages for your injuries.
Here’s what you should know about the state’s distracted driving laws, how to report the accident, how to prove the driver was distracted, and what damages you can claim.
In Idaho, distracted driving is a violation of state traffic law. Under Idaho Code § 49-1401A, distracted driving is defined as “engaging in an activity that is not necessary to the operation of the vehicle and impairs, or would reasonably be expected to impair, the ability of the person to safely operate the vehicle.”
As of July 1, 2020, Idaho prohibits the use of handheld electronic devices while operating a moving vehicle.
This includes:
Violating this law is considered an infraction. First offenses typically come with a $75 fine, but more importantly, the citation helps establish fault when the driver causes a crash due to distraction.
If you are hit by a distracted driver in Boise, taking immediate action at the scene is critical for both your safety and your legal case.
Always report the accident to the Boise Police Department. Officers will arrive to assess the scene, provide medical aid if necessary, and document the incident in a police report. If the officer suspects distracted driving, they will include those observations in their report, which can support your injury claim.
If you witnessed the other driver using their phone or engaging in any distracted behavior, make sure to report it to the officer. They may interview witnesses, inspect the driver’s phone (with a warrant, if necessary), or collect other supporting evidence.
The crash report will be useful in your insurance claim or lawsuit. It may indicate driver distraction, citations issued, and the officer’s opinion on who was at fault.
Idaho follows a fault-based insurance system, which means the at-fault driver (and their insurer) is financially responsible for damages. You’ll need to file a claim with the distracted driver’s insurer or pursue your own policy’s uninsured/underinsured motorist coverage if necessary.
Proving that the other driver was distracted is essential to winning compensation, especially if the driver denies liability. Establishing this proof requires gathering both physical and testimonial evidence.
Witnesses who saw the driver using a phone, eating, or reaching for objects can testify about their observations. Statements from passengers, pedestrians, or other drivers nearby may support your claim.
Footage from nearby businesses, traffic cameras, or dashcams may show the moments before the collision and capture distracted behavior.
Cell phone data can show if the driver was texting, calling, or using apps around the time of the crash. These records often require a subpoena in personal injury cases.
If the officer suspected distraction and issued a citation, the report can be a strong piece of evidence.
Sometimes, distracted drivers admit fault at the scene or during a deposition. Their statements may be used against them, especially if they told the officer they “looked down for a second.”
In all cases, an experienced car accident lawyer in Idaho can help secure evidence through legal discovery, including subpoenas, depositions, and expert analysis.
When pursuing compensation after a distracted driving accident, you have two primary paths: an insurance claim or a personal injury lawsuit. Both aim to compensate you for economic and noneconomic losses.
Most cases begin by filing a third-party claim with the distracted driver’s insurance company.
Idaho requires all drivers to carry minimum liability coverage of:
In serious crashes, these limits may not cover all your losses. In such cases, your underinsured motorist (UIM) coverage can help fill the gap if you’ve opted in for it.
If a fair settlement isn’t offered, you can file a lawsuit in civil court. Idaho’s statute of limitations for personal injury claims is 2 years from the date of the crash.
A lawsuit allows you to recover for:
Comparative negligence also plays a role. Idaho follows a modified comparative fault rule under which your compensation may be reduced by your percentage of fault. If you’re 50% or more at fault, you cannot recover damages. That’s why proving the other driver’s distraction is vital.
If you’re hit by a distracted driver in Boise, your recovery should not be limited by insurance tactics or lack of legal knowledge. This can quickly become complex when liability is disputed or when insurers offer low settlements.
Working with a car accident lawyer ensures that evidence is preserved, deadlines are met, and damages are fully evaluated. Craig Swapp & Associates offers legal support to victims of distracted driving accidents across Boise and the state of Idaho.
Call us at 208-628-5128 to speak with our lawyer in Boise, or send us a message about your case using our online form here to schedule your free consultation.
Written By: Ryan Swapp Legal Review By: Craig Swapp