IDAHO*

 

Idaho motorcyclists are protected under Idaho motorcycle law that makes negligent drivers responsible and liable to Idaho motorcyclists. A biker who is involved in an Idaho motorcycle accident may obtain compensation for his or her injuries that were caused by the other driver’s negligence. Damages may include payment for pain and suffering, scarring, disfigurement, loss of enjoyment of life, economic loss, no fault benefits, and more. What follows are some of the relevant law involving motorcycles in the State of Idaho

 

If you sustained an injury due to an Idaho motorcycle accident and you haven’t contacted a lawyer about your Idaho motorcycle accident, the best thing you can do for yourself is contact us NOW. We’ll listen to you and help you understand your options. If you have a case, we’ll help you find the best motorcycle accident injury attorney or law firm in your area. As an attorney who litigates these cases, I belong to many trial lawyer and motorcycle lawyer groups and have gone out of my way to find the best motorcycle attorneys in each state. Even the phone call is free, and there is no obligation. Don’t wait until it’s too late, make a simple call and talk to attorney Jason Waechter, The Motorcycle Lawyer.        1-877-Biker-Law (1-877-245-3752).

 

 

Ø      Idaho Helmet Law: A helmet is required by law if you are under the age of 18 and riding on or operating an Idaho motorcycle.

 

I.C. § 49-666

§ 49-66. Motorcycle and ATV safety helmets--Requirements and standards

No person under eighteen (18) years of age shall ride upon or be permitted to operate a motorcycle or an all-terrain vehicle unless at all times when so operating or riding upon the vehicle he is wearing, as part of his motorcycle or ATV equipment, a protective safety helmet of a type and quality equal to or better than the standards established for helmets by the director, except the provisions of this section shall not apply when such vehicles are operated or ridden on private property, or when used as an implement of husbandry.

 

Ø      Idaho Eye Protection Law: Eye protection is not required when riding on or operating an Idaho motorcycle.

 

Ø      Idaho is an At-Fault state. This means that the at-fault driver pays for damages. Idaho also uses a system of Comparative Negligence. This means that the fault can be apportioned between more than one driver, and each driver is responsible for their portion of the fault. (See statute below).

I.C. § 6-802

§ 6-802. Verdict giving percentage of negligence or comparative responsibility attributable to each party

The court may, and when requested by any party shall, direct the jury to find separate special verdicts determining the amount of damages and the percentage of negligence or comparative responsibility attributable to each party; and the court shall then reduce the amount of such damages in proportion to the amount of negligence or comparative responsibility attributable to the person recovering. Nothing contained herein shall create any new legal theory, cause of action, or legal defense.

 

Ø      Idaho Motorcycle Minimum Insurance Requirements: Compulsory Liability Insurance

 

Idaho motorcycle insurance minimum liability limits are as follows:

·        Bodily injury liability (1 person): $25,000

·        Bodily injury liability (all injuries in accident): $50,000

·        Property damage liability: $15,000

 

Ø      Uninsured or Underinsured Motorist Coverage: As an Idaho motorcycle rider, you may want to protect yourself with UIM coverage.

 

§         Underinsured Motorist Coverage: Underinsured motorist coverage will protect you if you are injured in an Idaho motorcycle accident by a driver who is at-fault but does not have adequate insurance to cover your injuries.

 

§         Uninsured Motorist Coverage: Uninsured motorist coverage will protect you if you are injured in an Idaho motorcycle accident by a driver who is at-fault but does not have liability insurance.

 

Ø      Hit & Run: UIM coverage will also protect an Idaho motorcycle rider if they are injured in a hit & run accident with an unidentified motorist.

 

Ø      Idaho Statute of Limitations: To file suit and recover damages for injuries arising out of your Idaho motorcycle accident, you must do so within 2 years from the date of the Idaho motorcycle accident.

I.C. § 5-219

§ 5-219. Actions against officers, for penalties, on bonds, and for professional malpractice or for personal injuries

Within two (2) years:

4. An action to recover damages for professional malpractice, or for an injury to the person, or for the death of one caused by the wrongful act or neglect of another, …

 

*There are many exceptions, special definitions and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your accident.

 

*Law changes constantly. Do not rely on this information. Law is vast and can not be covered in this limited space.

 

***Law portion of site in progress. Idaho motorcycle law regarding Idaho motorcycle accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.