The general rule is that a person or business entity is responsible for his or her act or failure to act that causes an accident, but sometimes liability might be attributable to a government entity like the Idaho Transportation Department (ITD). That’s when motor vehicle accident injury victims or the families of those who died in an accident might be eligible for compensation from the ITD under the law of negligence. That negligence might include
- dangerous roadway design.
- misleading or misdirecting road signs.
- placing barricades, barriers and markers in unsafe locations.
- unsafe traffic management in construction zones.
- failing to repair dangerous conditions on roadways.
- inadequate snow and ice removal, salting or sanding.
The condition precedent
Idaho’s legislature has provided that before a lawsuit based on negligence can be filed against the ITD, a claim notice must be filed with the Secretary of State within 180 days of the date of the occurrence. In the alternative, a claimant has 180 days from the time that he or she knew or reasonably should have known of an injury to file the report. Few exceptions to this prerequisite exist. The purpose of requiring the claim notice is to allow the State of Idaho to investigate the claim. The information required in the claim notice is detailed. Failure to file a proper claim notice on a timely basis can be cause for a court to dismiss a personal injury lawsuit against the ITD.
The statute of limitations
Idaho requires a person to file a personal injury lawsuit within two years of the date of their accident. This is a very strict rule with few exceptions. One exception involves the “discovery rule” when the time doesn’t start running until a person knew or reasonably should have known that he or she was injured. Another exception involves minors. The statute of limitations might not start running until such time as the minor reaches 18 years of age.
Contact an Idaho car accident lawyer today
If you were injured in a motor vehicle accident, and you believe that liability was attributable to ITD, contact our office for a free consultation and case evaluation. Don’t try to draft a claim notice or lawsuit and serve them yourself. Close attention to detail is required along with thorough knowledge of the rules of pleading, procedure and evidence. You don’t even need to bring a checkbook to retain us. If we enter into a retainer agreement in your case, no legal fees at all will be due unless we obtain a settlement or verdict on your behalf.