Pedestrian Seriously Injured in Boise Crash Near Overland and Curtis Roads
A devastating pedestrian crash occurred on the morning of May 26, 2025, at a busy intersection in Boise, Idaho. According to KIVI News, Boise Police responded to reports of a vehicle striking a pedestrian near Overland Road and Curtis Road just after 8:00 a.m. The incident resulted in life-threatening injuries for the pedestrian, who was immediately transported to a nearby hospital for emergency treatment. The area was closed to traffic for several hours as investigators worked to reconstruct the scene and interview witnesses.
This serious crash is the latest in a troubling trend of pedestrian accidents occurring in Boise and across Idaho. While the investigation remains ongoing, the severity of the injuries and the location of the collision raise urgent questions about road safety, driver responsibility, and the legal rights of pedestrians hit by vehicles.
At Montgomery Dowdle, we know that moments like this can be overwhelming for victims and their families. When a loved one is critically injured by a negligent driver, the emotional toll is immediate — but the legal and financial consequences can stretch for months or even years. In this blog, we’ll break down what we know about this incident, explore the broader context of pedestrian safety in Boise, and provide essential legal guidance for victims and their families navigating what comes next.
Why Overland and Curtis Is One of Boise’s Most Dangerous Intersections for Pedestrians
The intersection of Overland Road and Curtis Road is a well-known traffic hub on Boise’s Bench — a heavily traveled corridor where commuter traffic, commercial businesses, and residential neighborhoods converge. While convenient for drivers and pedestrians alike, the intersection has also developed a reputation for being hazardous, especially during peak hours.
High-Speed Traffic and Complex Turning Patterns
Overland Road is a major east-west arterial street that connects commuters to Interstate 84, Boise Towne Square, and downtown Boise. Curtis Road serves as a connector between Overland and several densely populated residential zones. The result? A near-constant stream of vehicle activity — including delivery trucks, local residents, and cross-city traffic — often traveling at high speeds and making complex turning movements through the intersection.
During the morning and evening rush, traffic congestion increases dramatically, and drivers may become impatient or distracted. In these high-volume settings, it only takes a split-second of inattention for tragedy to strike.
Lack of Pedestrian Infrastructure and Visibility Concerns
Despite the intersection’s heavy foot and vehicle traffic, pedestrian infrastructure at Overland and Curtis remains limited. Many crosswalks lack advanced warning signals, raised pavement markers, or pedestrian islands that offer a safe midway point for those crossing multiple lanes.
Poor lighting and visibility — especially during early morning hours, such as when this crash occurred — can make it difficult for drivers to spot pedestrians in time to stop. Shadowed areas, signage clutter, and poorly timed lights may further reduce visibility and increase the risk of collision.
According to the Idaho Transportation Department (ITD), intersections with insufficient pedestrian protections and high-speed traffic are consistently among the top contributors to injury-causing crashes across the state.
Recurring Safety Complaints in the Area
Local residents have previously voiced concerns about safety at this and nearby intersections. Whether it’s speeding vehicles, limited signage, or failure to yield, these recurring problems place pedestrians at constant risk — particularly older adults, children walking to school, and individuals with disabilities.
The May 26 crash is not the first incident in this area — and unless infrastructure improvements are made, it may not be the last.
What We Know So Far About the May 26, 2025 Pedestrian Crash in Boise
As of the latest updates, Boise Police have confirmed that the crash occurred just after 8:00 a.m. on Monday, May 26, near the intersection of Overland and Curtis Roads. The pedestrian was struck by a vehicle under circumstances that remain under active investigation. According to KIVI News, the victim was seriously injured and transported to a local hospital with life-threatening injuries.
Timeline and Initial Police Response
Emergency responders arrived quickly, and both directions of Overland Road were shut down for several hours to allow Boise Police to examine the scene. Traffic was rerouted, and crash reconstruction teams began collecting evidence from the intersection — including possible surveillance footage, skid marks, and witness statements.
No citations or charges had been reported at the time of this writing, though Boise Police have indicated that they are still gathering information to determine whether speed, distraction, or driver negligence played a role.
Time and Conditions May Have Played a Role
The incident occurred during morning commuter hours, a time when drivers are often rushing to work and streets are particularly congested. Visibility during this hour can also be tricky — sun glare, shadows from surrounding buildings, or fog can all reduce a driver’s ability to see pedestrians in crosswalks.
As noted by the National Highway Traffic Safety Administration (NHTSA), pedestrian crashes tend to peak during these transitional parts of the day — early morning and evening — when visibility is reduced but traffic is at its highest.
Witnesses and Camera Footage May Be Key
In cases like this, much of the investigation hinges on nearby surveillance cameras, dashcam footage, and the statements of any bystanders who witnessed the collision. If the driver remained at the scene, law enforcement will also examine their behavior, statements, and whether impairment, distraction, or mechanical issues were involved.
Regardless of the ultimate findings, the crash has already left one individual with devastating injuries — and their road to recovery will likely be long, painful, and expensive.
Common Causes of Pedestrian Accidents in Boise
While every crash has its own unique details, most pedestrian accidents in Boise share common contributing factors — many of which are preventable. At Montgomery Dowdle, we’ve represented numerous victims injured in crosswalks, at intersections, and along roadways just like Overland and Curtis. Understanding the root causes behind these incidents is crucial to both preventing future crashes and establishing liability in personal injury claims.
Distracted Driving in Idaho’s Urban Corridors
One of the most frequent causes of pedestrian accidents in Boise is distracted driving. Whether it’s a driver texting, adjusting a GPS device, eating, or simply daydreaming during a long commute, distraction severely impairs a driver’s ability to see and react to pedestrians in time.
The Idaho Office of Highway Safety reports that distracted driving is involved in more than 20% of injury-causing crashes statewide. Even a momentary glance away from the road can be fatal when a pedestrian is crossing an intersection — particularly during peak traffic hours when quick decisions are critical.
Failure to Yield at Crosswalks and Intersections
Idaho law (Idaho Code § 49-702) requires motorists to yield the right-of-way to pedestrians within marked or unmarked crosswalks at intersections. Unfortunately, drivers in Boise often overlook this legal duty — especially when turning right on red or making left turns across traffic.
In dense intersections like Overland and Curtis, where multiple lanes and turning options increase driver workload, it’s common for pedestrians to be overlooked or ignored. This negligence is not only dangerous — it’s a direct violation of the law and a strong basis for legal action.
Speeding and Aggressive Driving
Speed plays a significant role in the outcome of pedestrian accidents. The faster a vehicle is traveling at the moment of impact, the greater the likelihood of severe or fatal injuries. According to the Insurance Institute for Highway Safety (IIHS), the risk of fatal injury for a pedestrian hit at 40 mph is over 80% — compared to just 10% at 20 mph.
Speeding in school zones, near shopping centers, or through residential areas is a persistent issue in Boise. Aggressive driving behaviors — like rolling through stop signs, racing yellow lights, or tailgating — increase the danger exponentially for those on foot.
Low Visibility and Poor Infrastructure
Lighting, road design, and signage all play a role in pedestrian safety. Many intersections in Boise lack adequate lighting, especially during early morning or evening hours. Shadows from trees, signage clutter, or parked vehicles can make it difficult for drivers to detect pedestrians until it’s too late.
Some intersections are also missing essential pedestrian protections such as countdown timers, flashing beacons, or raised crosswalks. These safety features — common in other urban centers — can dramatically reduce accident rates but are inconsistently implemented throughout Boise’s roadways.
Legal Rights of Pedestrian Crash Victims in Idaho
When a pedestrian is seriously injured by a motor vehicle, the road to recovery extends far beyond the emergency room. Physical pain, financial stress, and emotional trauma can weigh heavily on the victim and their family. Fortunately, Idaho law allows injured pedestrians to pursue legal compensation when their injuries were caused by another person’s negligence. At Montgomery Dowdle, we work closely with victims to ensure their rights are protected and that they receive the full financial recovery they are owed.
Understanding Idaho’s Personal Injury Law for Pedestrians
In Idaho, injured pedestrians have a right to seek compensation for their losses through a civil personal injury claim. These claims are designed to hold negligent drivers accountable and provide relief for medical expenses, lost income, and other damages.
Idaho’s Comparative Negligence Rule
Idaho operates under a modified comparative negligence standard. According to Idaho Code § 6-801, a pedestrian can recover damages as long as they are less than 50% at fault for the accident. If the pedestrian is found partially responsible — for instance, if they were not using a marked crosswalk — their compensation will be reduced proportionally by their percentage of fault.
This makes it especially important to work with an experienced Boise pedestrian injury attorney who can build a strong case and push back against insurance companies that may try to shift blame.
Idaho’s Statute of Limitations for Injury Claims
Under Idaho Code § 5-219, victims of personal injury have two years from the date of the incident to file a lawsuit. If this deadline passes, the claim can be barred permanently — regardless of its strength.
It’s vital to act quickly after a pedestrian accident. Early legal action ensures that vital evidence — like surveillance footage, medical records, and witness statements — can be collected and preserved while still fresh and available.
The Importance of Hiring a Boise Pedestrian Accident Lawyer
After a serious crash, victims are often overwhelmed by medical appointments, insurance calls, and paperwork. Hiring a lawyer not only relieves that burden but also increases your chances of recovering full compensation. At Montgomery Dowdle, our legal team helps clients navigate the legal process with confidence and clarity.
Gathering and Preserving Evidence
Every successful personal injury claim relies on strong supporting evidence. At Montgomery Dowdle, our legal team acts quickly to gather and secure crucial materials that can strengthen your case. This includes obtaining surveillance or dashcam footage that may have captured the collision, collecting eyewitness statements while memories are still fresh, and securing police reports and official diagrams of the crash scene. We also work with your medical providers to document the full extent of your injuries and, when necessary, consult with accident reconstruction experts who can help establish exactly how and why the collision occurred. By acting early, we ensure this vital evidence is preserved and positioned to support your claim effectively.
When evidence is collected early, it becomes much harder for the insurance company to dispute liability or reduce the value of your claim.
Protecting You From Insurance Company Tactics
Insurance adjusters often contact injured pedestrians shortly after a crash — sometimes within hours. Their goal is not to help, but to limit their company’s financial exposure. They may ask misleading questions, request recorded statements, or pressure you to accept a low settlement before you understand the full extent of your injuries.
Your attorney acts as a buffer. We handle all communications with the insurer, ensure that your rights are protected, and fight for a settlement that truly reflects your losses.
Types of Compensation Available to Injured Pedestrians in Idaho
The financial and personal impact of a pedestrian crash can be immense. Idaho law allows injured individuals to recover both economic and non-economic damages based on the facts of the case.
Economic Damages
These refer to tangible, documented financial losses directly tied to the accident. For example, injured pedestrians may face significant medical bills from emergency room treatment, surgeries, follow-up appointments, physical therapy, and prescription medications. In addition to health care costs, victims often lose income while recovering — especially if hospitalization or ongoing pain prevents them from working. In more serious cases, the injury may affect long-term earning capacity, making it difficult or impossible to return to a previous job or career. Out-of-pocket expenses can also add up quickly, including costs for transportation to medical appointments, mobility aids like wheelchairs or crutches, and even modifications to a home to accommodate new physical limitations.
Non-Economic Damages
These damages compensate for the personal and emotional losses a victim experiences after a pedestrian crash — losses that, while not tied to specific dollar amounts, are deeply impactful. Pain and suffering may include chronic physical pain, mobility issues, and the lingering discomfort that disrupts daily life. Emotional distress often follows closely behind, manifesting as anxiety, depression, post-traumatic stress disorder (PTSD), or a general loss of mental well-being. Many victims also report a diminished enjoyment of life, finding themselves unable to return to the activities, hobbies, or relationships that once brought fulfillment. In the most severe cases, a pedestrian may be left with disfigurement or permanent disability — injuries that not only alter physical appearance but can also require long-term care and lifestyle adjustments.
Punitive Damages (In Extreme Cases)
In situations involving reckless, intentional, or egregiously negligent conduct — such as a driver fleeing the scene or operating under the influence — Idaho courts may award punitive damages. These are not intended to compensate the victim, but rather to punish the wrongdoer and deter similar behavior in the future.
Why Early Legal Help Makes All the Difference After a Pedestrian Accident in Boise
When a pedestrian is hit by a vehicle, the aftermath can feel like a blur. Between ambulance rides, ER visits, and insurance calls, it’s easy to delay legal action — especially when your primary focus is on recovery. But what many victims don’t realize is that insurance companies begin building their defense immediately, and crucial evidence can disappear within days. That’s why contacting a skilled Boise pedestrian accident attorney as soon as possible is one of the most important steps you can take to protect your claim and maximize your compensation.
At Montgomery Dowdle, we step in early — preserving evidence, managing insurer communication, and building a powerful case while you focus on healing.
Critical Evidence Can Be Lost Without Immediate Action
Time-sensitive evidence plays a key role in determining fault in a pedestrian accident case. If not preserved quickly, it can be lost or overwritten, weakening your ability to prove liability.
Surveillance Footage and Dashcams
Many pedestrian accidents occur near businesses, intersections, or residential neighborhoods equipped with security cameras or Ring doorbells. However, as reported by Consumer Reports, most of these systems only retain footage for a few days. Without a legal team requesting and preserving this data immediately, it may be gone before your case even begins.
Dashcam video from the driver or a third-party vehicle may also show vital details like the pedestrian’s position in the crosswalk or the vehicle’s speed at the time of impact.
Eyewitness Testimony
Witnesses are often willing to help, but memories fade quickly. According to the National Institutes of Health, memory degradation starts within just hours of an event — especially in high-stress situations like a traffic crash. An attorney can track down and record these accounts promptly, strengthening your claim with firsthand evidence while it’s still reliable.
Vehicle and Scene Documentation
Evidence like skid marks, broken glass, and vehicle damage often disappears within hours. Once cleanup crews clear the area, key information is lost. That’s why pedestrian injury lawyers frequently work with accident reconstruction experts to document crash scenes, calculate speeds, and analyze impact angles using this physical evidence before it’s altered or erased.
Insurance Companies Move Fast — You Should Too
While victims are trying to recover, insurance adjusters are already working to reduce payouts. Their job is to settle fast, pay as little as possible, and limit the company’s liability — even if that means offering a lowball settlement before you understand the full scope of your injuries.
Early Settlement Offers
Insurers often offer settlements within days of the crash. According to the Insurance Information Institute, these quick payouts rarely cover future medical treatment, long-term rehab, or the emotional impact of serious injuries. Accepting a settlement too early — before speaking with an attorney — can permanently prevent you from seeking additional compensation later.
Recorded Statements Used Against You
Insurance adjusters may ask for a recorded statement under the guise of “processing your claim.” However, these recordings are often used to identify inconsistencies, shift blame, or argue that your injuries aren’t as severe as they are. The Consumer Federation of America warns that insurers are trained to manipulate these interactions to their advantage. A personal injury lawyer ensures that you don’t unknowingly say something that could harm your case.
A Legal Team Helps You Focus on Recovery
Beyond gathering evidence and dealing with insurers, early legal support offers something even more important, peace of mind. Managing a claim alone can be exhausting — especially when you’re in pain and overwhelmed with medical treatment.
At Montgomery Dowdle, we take care of every legal detail, coordinating with your doctors, calculating future expenses, preparing legal filings, and negotiating with insurers. Our early involvement means your case is strong from day one — and you don’t have to carry the burden alone.
What Compensation May Be Available After a Boise Pedestrian Injury?
A pedestrian accident doesn’t just cause physical harm — it can turn your entire life upside down. Medical bills begin piling up, time off work creates financial strain, and the emotional fallout of a traumatic crash can last for years. Fortunately, under Idaho law, injured pedestrians are entitled to pursue compensation from the at-fault party to recover both economic and non-economic damages. This includes not only your immediate losses but also long-term consequences that may affect your ability to work, move, or enjoy life.
At Montgomery Dowdle, we help injured victims identify every category of damage they may be owed — and fight to ensure no form of compensation is left off the table.
Economic Damages Covering the Tangible Costs of Your Recovery
Economic damages refer to direct financial losses — the out-of-pocket expenses you’ve incurred or will incur due to the accident.
Medical Expenses Past, Present, and Future
After a pedestrian crash, medical care is often extensive. Victims may face emergency surgery, diagnostic scans, hospital stays, rehabilitation, and even prosthetics or mobility aids. These costs add up quickly, especially without adequate health insurance. According to the National Safety Council, the average cost of a disabling injury in a traffic crash exceeds $100,000. Below are the most common categories of medical-related compensation that injured pedestrians may pursue.
Emergency Room Treatment
The emergency room is often the first stop after a serious pedestrian crash. Victims may undergo X-rays, MRIs, bloodwork, wound treatment, and initial stabilization procedures. ER bills alone can run thousands of dollars and are nearly always included in an injury claim, especially when care is provided out of network or without prior authorization.
Ambulance Transport
Ambulance fees can be surprisingly expensive, especially if advanced life support or paramedic care was required. In Idaho, the average ambulance ride may cost anywhere from $500 to over $2,000 — and that’s not including mileage, equipment usage, or follow-up billing disputes with insurers. These costs are compensable in full when the crash was caused by someone else’s negligence.
Physical Therapy and Chiropractic Care
Rehabilitative treatment is often necessary for injuries to the neck, back, or limbs. Many pedestrians require months of physical therapy to regain mobility, reduce pain, and strengthen injured areas. Chiropractic care and other restorative treatments — while sometimes deemed “optional” by insurance — are frequently vital to long-term recovery and are recoverable in your legal claim when prescribed by a licensed provider.
Medical Devices and Prescriptions
Depending on the nature of the injury, a pedestrian may need medical devices such as crutches, braces, walkers, wheelchairs, or orthotics. These items can be costly and are often not fully covered by insurance. Prescription medications — including pain relievers, anti-inflammatories, and antibiotics — also add up quickly and are considered part of your economic damages.
Ongoing Treatment for Chronic Pain or Permanent Disability
Some injuries never fully heal. In cases involving spinal injuries, head trauma, or severe fractures, the victim may face a lifetime of pain management, follow-up appointments, or even in-home care. These long-term needs must be calculated carefully and supported with medical testimony to ensure that your claim accounts for the full future cost of your care.
An experienced pedestrian injury attorney can work with your doctors to estimate future medical costs and include them in your claim.
Lost Wages and Diminished Earning Potential
If your injuries forced you to miss work — or permanently altered your ability to do your job — you can recover lost wages. In cases of long-term disability, you may also be compensated for lost earning capacity, based on your age, career trajectory, and level of impairment. The U.S. Bureau of Labor Statistics offers wage data commonly used by attorneys and courts to calculate these long-term losses.
Non-Economic Damages Compensating You for Intangible Harm
Non-economic damages recognize that not all suffering has a price tag — but that doesn’t make it any less real. After a pedestrian accident, the impact on a victim’s life often goes far beyond what can be documented on a medical bill or pay stub. Survivors may live with chronic pain, fear of crossing the street, anxiety while walking in public, or a deep sense of loss from no longer being able to participate in activities they once enjoyed. These intangible harms can affect relationships, mental health, and overall quality of life in ways that are difficult to quantify but deeply felt on a daily basis.
Idaho law allows injured individuals to seek compensation for these emotional and personal losses, acknowledging that healing involves more than physical recovery. In many cases, non-economic damages form a significant portion of a personal injury settlement or verdict because they reflect the long-term psychological cost of someone else’s negligence. While insurance companies may try to downplay these impacts, a skilled attorney will ensure that the full extent of your pain, trauma, and diminished life enjoyment is documented and pursued aggressively in your case.
Pain and Suffering
Physical pain following a pedestrian injury can be extreme and long-lasting. Whether you’re dealing with fractured bones, back injuries, or nerve damage, pain can disrupt your ability to sleep, work, and enjoy life. Courts take this into account when awarding non-economic damages.
Emotional Distress and Mental Health Struggles
The psychological trauma after a crash is often as serious as the physical damage. Victims may develop anxiety, depression, or post-traumatic stress disorder (PTSD), particularly when the crash was violent or unexpected. A study by the National Library of Medicine found that PTSD symptoms are common in pedestrian and bicycle crash victims — even years after the event.
You may be compensated for mental health counseling, medication, and the ongoing emotional burden the accident has placed on your life.
Loss of Enjoyment of Life
When injuries interfere with your ability to do the things you love — from hiking to playing with your kids to simply walking around your neighborhood — it’s considered a loss of enjoyment of life. This damage category helps acknowledge that injuries change your lifestyle in deeply personal ways that deserve to be addressed in your claim.
Punitive Damages in Extreme Negligence Cases
While most damages are compensatory — meaning they aim to reimburse your losses — some cases may qualify for punitive damages. These are intended to punish especially reckless or malicious conduct and to deter others from similar behavior.
Punitive damages may apply if the driver who hit you was
- Driving under the influence
- Racing or speeding excessively
- Engaging in road rage or fleeing the scene (hit-and-run)
As explained by Cornell Law School’s Legal Information Institute, punitive damages are rare but powerful in sending a message and increasing the total recovery in your case.
Wrongful Death Claims After a Fatal Pedestrian Accident in Boise
In the most tragic cases, a pedestrian accident doesn’t result in injury — it results in the loss of a life. These devastating events leave families grieving, overwhelmed, and unsure of how to move forward. While no legal action can bring back a loved one, Idaho law provides a pathway for surviving family members to seek justice and financial relief through a wrongful death claim.
At Montgomery Dowdle, we help families navigate this deeply painful process with compassion and clarity, making sure their rights are protected every step of the way.
What Is a Wrongful Death Claim in Idaho?
A wrongful death claim is a civil lawsuit brought on behalf of a deceased person when their death was caused by another party’s negligence, recklessness, or wrongful act. In Idaho, these cases are governed by Idaho Code § 5-311, which allows certain surviving relatives to file suit against the at-fault party — such as a negligent driver who struck a pedestrian.
This type of claim seeks to recover damages not for the victim’s injuries themselves, but for the losses suffered by the surviving family members, including funeral expenses, emotional trauma, and lost income.
Who Can File a Wrongful Death Claim in Idaho?
Not everyone who is emotionally affected by a loss can file a wrongful death lawsuit. Idaho law limits eligibility to specific parties who had a close relationship with the deceased.
Surviving Spouse or Domestic Partner
The surviving spouse is typically first in line to bring a wrongful death action. They may recover damages for lost companionship, support, and the shared financial contributions of the deceased.
Children or Dependent Minors
Biological or adopted children of the deceased may also file a claim. If the children are minors, the court may appoint a guardian to act on their behalf to ensure their long-term interests — such as education and financial stability — are protected.
Parents of a Deceased Minor Child
If the pedestrian victim was a child, the parents are entitled to pursue damages, including for the loss of the child’s potential earnings and the profound emotional toll such a loss brings.
Estate Representative
If none of the above relatives survive, the personal representative (executor) of the deceased’s estate may file a claim on behalf of the estate and distribute any recovered damages to eligible heirs.
Types of Compensation in a Boise Wrongful Death Case
The damages available in a wrongful death claim differ somewhat from those in personal injury cases and are meant to reflect the full scope of the family’s financial and emotional losses.
Funeral and Burial Expenses
The cost of laying a loved one to rest can exceed $10,000 when accounting for caskets, services, burial plots, and travel arrangements. These costs are fully recoverable in a wrongful death claim.
Loss of Future Income and Benefits
If the deceased was a wage-earner, the family may recover compensation for the financial support they would have provided over their lifetime. This includes lost wages, health insurance, retirement contributions, and other employment benefits. The U.S. Department of Labor provides data often used to calculate these long-term losses based on occupation, age, and education.
Loss of Companionship and Emotional Support
While intangible, the emotional loss suffered by a spouse, child, or parent is one of the most significant aspects of a wrongful death claim. Idaho courts recognize the value of parental guidance, spousal companionship, and emotional stability — and allow compensation for these losses, even though they can’t be measured in dollars.
Medical Expenses Prior to Death
If the victim received emergency treatment before passing, any resulting medical bills — including ambulance transport, ICU care, or surgeries — are also compensable through the estate or survival action.
Statute of Limitations for Wrongful Death Claims in Idaho
Under Idaho Code § 5-219, surviving family members generally have two years from the date of the pedestrian’s death to file a wrongful death claim. Waiting beyond this period may result in the court dismissing the case entirely, regardless of its merits.
That’s why it’s critical to contact an experienced wrongful death attorney in Boise as soon as possible — to preserve evidence, identify liable parties, and ensure your case is filed within the legal timeframe.
How Fault Is Determined in Boise Pedestrian Accidents
Determining who is legally responsible for a pedestrian crash is the foundation of every personal injury or wrongful death claim. In Boise and throughout Idaho, fault is assigned based on a combination of physical evidence, witness accounts, traffic laws, and the circumstances of the collision. Unfortunately, drivers — and sometimes even insurance companies — may try to shift blame onto the pedestrian to reduce their own liability. That’s why building a clear, fact-supported case is so essential.
At Montgomery Dowdle, we conduct thorough investigations and partner with crash reconstruction experts when needed to ensure fault is assigned fairly and accurately.
Legal Standard Negligence and Duty of Care
All drivers in Idaho have a legal duty of care to operate their vehicles safely and avoid harming others — especially pedestrians, who are the most vulnerable users of the road. When a driver fails to uphold this duty — by speeding, texting, failing to yield, or driving under the influence — and that failure causes injury or death, they are considered negligent under Idaho law.
As noted by Idaho Code § 49-702, drivers must yield the right-of-way to pedestrians crossing within a marked or unmarked crosswalk at an intersection. Violating this rule is often enough to establish driver negligence.
Evidence Used to Prove Fault in Pedestrian Cases
To determine who is at fault, your legal team will collect and analyze a wide range of evidence, including the following.
Crash Scene Photos and Vehicle Damage
Photos showing skid marks, impact angles, and road conditions help illustrate how the crash occurred and whether the driver had enough time and distance to avoid the collision. Damage to the vehicle’s front end often aligns with pedestrian strikes and can help confirm speed and point of contact.
Surveillance and Dashcam Footage
As noted by the National Association of City Transportation Officials (NACTO), video footage is one of the most powerful tools in proving pedestrian right-of-way violations. Surveillance from nearby businesses or residential doorbell cameras may show the pedestrian legally crossing and the vehicle failing to stop.
Police Reports and Citations
If officers responded to the scene, their accident report becomes an important part of the legal record. This document often includes witness statements, weather conditions, a narrative of the crash, and whether any citations were issued — such as for speeding, failure to yield, or distracted driving.
Eyewitness Testimony
People who witnessed the crash can offer invaluable insight into what happened — including whether the pedestrian was in the crosswalk, if the driver was distracted, or how fast the vehicle was traveling. These statements can clarify disputed facts and support your version of events.
Comparative Fault in Idaho Pedestrian Cases
Idaho uses a modified comparative negligence rule (Idaho Code § 6-801), meaning that if a pedestrian is found to be partially at fault, their compensation will be reduced by their percentage of fault. However, if the pedestrian is deemed 50% or more responsible, they may be barred from recovering any compensation at all.
This makes it especially important to counter any arguments that the pedestrian “darted out,” was outside a crosswalk, or failed to obey traffic signals. Insurance companies often exploit these claims to minimize their payout — but a skilled attorney can push back with evidence and legal precedent.
Contact a Boise Pedestrian Accident Attorney at Montgomery Dowdle Today
If you or a loved one has been injured in a pedestrian accident — or if you’re grieving the loss of someone who was tragically struck and killed — you don’t have to face the legal system alone. The road ahead may feel uncertain, but the right legal guidance can make all the difference in your recovery, your finances, and your peace of mind.
At Montgomery Dowdle, we’ve spent decades representing injury victims and families across Boise and the Treasure Valley. We understand how devastating these incidents are — and we know how to hold negligent drivers and insurance companies accountable. From the moment you contact us, we’ll begin building a powerful case designed to get you the maximum compensation you deserve.
Your consultation is completely free, and you won’t pay anything unless we win your case.
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