Saturday, December 12, 2009

State Legislator Hit by Car Near Capitol publishes the following AP Report today:

BOISE -- A southwestern Idaho lawmaker is on the mend after being struck by a car while crossing a street outside the Capitol.

Rep. Darrell Bolz, a Republican from Caldwell, says his foot is swollen but not broken after the accident at 7 a.m. Thursday on State Street, which is narrower than usual due to construction barriers.

Bolz has resorted to crutches after seeking medical attention at an urgent care facility.

Bolz was crossing in a crosswalk near the lone Capitol entrance now open to the public as work crews put the finishing touches on $120 million in renovations.

He says, "I stepped out one step and 'Wham.' I'm not blaming anybody at this point in time."

The car's driver stopped to inquire if he was OK.

Bolz didn't call Boise Police, though an Idaho State Police officer who helps supervise Capitol security has asked him to issue a statement.

Under Idaho law* any individual who is involved in a motor vehicle collision is required to notify the local police department where personal injury or death is involved and/or the property damage exceeds One Thousand Five Hundred and No/100ths Dollars ($1,500.00). The best course of action to take is to always call 911 immediately following any motor vehicle collision of any type or kind in order to protect all parties in the case in the event allegations or legal issues are raised at a later date. If you leave the site of a collision, you could be charged with a crime for doing so without calling the authorities. In cases involving a motor vehicle collision with no personal injury, death or damage involving less than One Thousand Five Hundred and No/100ths Dollars ($1,500.00) you may file a walk-in accident report with the local police agency, but again, the recommended course of action is to always call 911 and have the police perform the investigation. Even if you are at fault, such an investigation may prove beneficial to you should legal issues occur later. Leaving the scene of a collision may be a chargeable offense. As some say, "It's better to be safe than sorry."

A client of mine was involved in a motor vehicle collision and had slight pain in her neck. Fortunately for her, she decided to get checked out at a local hospital. She was found to have an unstable fracture of her cervical spine. The attending physician informed her that had she delayed in seeking medical attention, one sneeze could have left her paralyzed. Surgery commenced and the surgeon fused her affected vertebrae. Don't take chances, always call the authorities when you are involved in a motor vehicle collision.

Parenthetically, I'm grateful that the aforesaid legislator wasn't hurt worse than he was in this case. Hopefully, he will recover quickly as he prepares to take care of the people's business this upcoming legislative session.

* Idaho Code Section 49-1305 reads:

(1) The driver of a vehicle involved in an accident resulting in injury to or death of any person, or damage to the property of any one (1) person in excess of one thousand five hundred dollars ($1,500) shall immediately, by the quickest means of communication, give notice of the accident to the local police department if the accident occurs within a city, otherwise to the office of the county sheriff or the nearest office of the state police.

(2) Whenever the driver of a vehicle is physically incapable of giving immediate notice of an accident as required herein, and there was another occupant in the vehicle at the time of the accident capable of doing so, the occupant shall give or cause to be given the notice not given by the driver.


CONTACT INFORMATION: If you or a family member have been injured or damaged due to the fault or responsibility of someone else, an industrial accident or by a dangerous or defective product, drug or toxic substance, contact Alan Morton for a no obligation, free consultation.

For additional information contact:

Alan L. Morton
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 [866.WIN.1.NOW]
Facsimile: 208.342.2509

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