STOP, LOOK & LISTEN WHILE CROSSING SIDEWALKS!
STOP, LOOK AND LISTEN! A DRIVER’S OBLIGATION TO YIELD THE RIGHT-OF-WAY TO PEDESTRIANS WHILE CROSSING A SIDEWALK.
We commonly associate the phrase "STOP. LOOK & LISTEN" to a driver’s obligation to stop and look for oncoming railroad traffic while crossing a railroad track to avert the risk of death and severe injury that could result from being run over by a train. But the recent death of, Brenden Rogers, a 13-yr-old in Boise over the weekend brings to mind what obligation a driver has while leaving a driveway when it comes to pedestrian or other traffic traveling on a sidewalk.
Over the weekend, Boise Police report that a 13-yr-old died after being struck by a pickup truck as the pickup was leaving a parking garage located at the intersection of 9th Street and Front Street in Downtown Boise. The boy was reported to had been riding a skateboard on the sidewalk at or near the time of the accident. The police indicate that there are conflicting reports as to whether the boy was riding his skateboard at the time he was struck by the pickup or whether he was in the process of attempting to pick up the skateboard at the time of the collision.
No matter - in Idaho, a child riding on a skateboard occupies the status of being a pedestrian. Idaho Code § 49-707 states, "The driver of a vehicle crossing a sidewalk shall yield the right-of-way to any pedestrian and all other traffic on the sidewalk."
In Idaho, every driver has the duty or obligation to maintain proper lookout for other traffic in or near the driver’s "traffic pattern." The violation of a statutory duty to yield the right-of-way to pedestrian traffic traveling on a sidewalk constitutes negligence per se, and subjects the driver to civil liability for any and all injuries proximately caused as a result of the driver’s negligence.
In Idaho, the statute of limitations for wrongful death is two years from the date of the person’s death in which to bring an action for damages. However, evidence goes stale as time goes on. Witnesses memories and recollections fade with time. Physical evidence dissipates as traffic travels over the sight. Hence, it’s always wise to consult with an experienced trial lawyer to help marshal and preserve the evidence associated with any claim for wrongful death as soon as practicable regardless whether citations are issued or not.
BOISE PERSONAL INJURY AND WRONGFUL DEATH ACCIDENT TRIAL LAWYER ALAN MORTON HAS THE EXPERIENCE YOU NEED TO HELP YOU WITH YOUR AUTO ACCIDENT CLAIM.
If you or a loved one become the victim of a distracted driver or someone who is otherwise driving negligently or recklessly, you should consult with an experienced trial attorney. Boise Personal Injury and Wrongful Death Trial Lawyer Alan Morton has over 32 years of experience in helping victims of negligence understand their legal rights and remedies. You can reach Mr. Morton to schedule a free initial consultation at 208.344.5555, toll free at 888.716.8021 or by completing an online consultation form. Mr. Morton is available to schedule a free initial consultation in a confidential setting either at his office or your home, workplace, hospital or any other convenient location. Mr. Morton has been rated and recognized by AVVO, an independent lawyer rating service, with its highest ranking of 10.0 - Superb in three (3) categories of Car Accidents, Personal Injury and Litigation, respectively. Mr. Morton and his staff work hard to provide outstanding service to their clients. You may also wish to read the testimonial page of Mr. Morton’s former clients for their reviews regarding the excellent service they received as a client of Morton Law Offices, Chartered.