The Idaho State Police responded to a fatal motorcycle collision in the Boise area.
Motorcyclist crashes into a tire and gets ejected onto the road
The incident happened around 2:30 pm on a Sunday afternoon on Middle Fork Road. This section of the road is near U.S. Highway 95, north of the town of Mesa. The victim was going westbound on Middle Fork Road when he attempted to go around a cattle guard. A large tire was attached to the guard, and the victim drove into this tire while trying to pass by. The impact of the collision with the tire ejected him from his motorcycle and onto the pavement. He died from his injuries a short time later.
The victim was a 74 year old male who was driving a 1995 BMW model motorcycle. He was from the city of McCall. Police notified his next of kin in the hours following the accident.
Emergency crews had to block Middle Fork Road for approximately two hours while the scene was cleared.
Deadly accidents and wrongful death cases
In situations where a driver dies during a motor vehicle accident, family members may quickly find themselves struggling with medical and funeral costs, in addition to the emotional trauma of losing a family member. There is a special type of lawsuit that is meant to help families who are dealing with these issues.
Idaho’s wrongful death statute
Wrongful death cases are civil lawsuits that are similar to most other personal injury cases, but a family member brings the action instead of the victim, because the victim has died. This is done separately from any criminal charges related to the same incident, and the wrongful death case can be brought regardless of the disposition of any criminal action brought by the government.
The Idaho wrongful death statute says that an action can be brought by law as long as a family member is killed by the wrongful act or neglect of another person. The action is technically supposed to be brought by the personal representative of the deceased person’s estate, or certain people who are listed as heirs. In other cases, a spouse, child, or other blood relatives can bring the action so long as they can prove that they were financially dependent on the deceased person. The damages that are available are meant to cover the costs of medical treatment, burial and funeral expenses, and lost services that the deceased person used to provide for the family.
The statute of limitations is two years for wrongful death cases in Idaho, which is shorter than most other civil cases.
Talk to a local lawyer after a fatal accident
If you have lost a family member in any kind of accident and want to know more about possibly bringing a lawsuit, contact a lawyer at Montgomery Dowdle. They serve local clients with proven experience and results.