Idaho

Top Motorcycle Accident Attorneys In Idaho

Get the Idaho Motorcycle Legal Help You Demand, So You Can Ride Hard.

The goal for this directory is to do our best to only include lawyers that you can count on. Those who have experience in motorcycle law and who are have show that they’re passionate in their support of the motorcycle community in general.

Many of our attorneys are also riders themselves, which gives them a unique perspective into the needs of riders like you. However, not every state is going to have a qualified and experienced Motorcycle accident attorney who also rides. So, we focus on the lawyers who are going to support you and give you the justice they deserve first.

Simply put, you may have less attorneys to pick from but know that we are passionate about finding lawyers with experience who will treat you right!

Motorcycle injury law is a specialty in itself. Below you’ll find the Idaho Motorcycle Accident Attorneys that we can stand behind.

Bruce Skaug

http://idahobikerlawyer.com

Skaug Law P.C
1226 E Karcher Road
Nampa, ID 83687

1-208-475-1485

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James Bendell

BendellLawFirm.com

The Bendell Law Firm
1810 E Schneidmiller Ave. Suite 140
Post Falls, ID 83854

1-208-981-0555

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Motorcycle Law FAQ in Idaho

The Most Commonly Asked Questions from Riders Like You.

Is there a motorcycle helmet law in Idaho?

Can you drive an ATV or UTV on Public roads in Idaho?

Do you need a motorcycle license in Idaho?

What to do if I was in a Motorcycle accident in Idaho?

How do I avoid hitting a deer on my motorcycle in Idaho?

Hit and Run or Leaving the Scene of an accident in Idaho?

How is compensation determined for motorcycle accident victims?

Can I fight a ticket or fine for lane splitting in Idaho?

How long do I have to make a claim if I’m in a motorcycle accident?

According to the State of Idaho, the law requires everyone below the age of 18 to wear an approved protective helmet while riding on or operating, a motorcycle, or ATV either on or off-road at all times. 

Some motorcycle riders don't wear helmets stating it would limit their peripheral vision. Others say that they feel helmets should only be required for long trips or when riding at high speeds. The law in Idaho currently only enforces wearing a helmet if the rider is under 18 years of age.

Wearing a Helmet is required for all drivers and passengers in the State of Idaho if:

• You are on an ATV and under 16 years of age
• You are on a motorcycle and under 18 years of age

If you, however, get into a motorcycle accident, and you are not wearing a helmet, it will likely complicate things when it comes time to conduct any personal injury lawsuit you file against the at-fault driver. 

Should your case go to trial, it is possible that a jury may consider that your failure to wear a helmet equates to negligence. This is something to consider despite the fact, that you were not violating Idaho’s helmet law. 

- Bruce Skaug, Top Idaho Motorcycle Accident Attorney

The answer is YES! As of January 2009, a combination of a special license plate and an OHV registration sticker. There are certain seasons or situations where landowners may have restrictions; however, the onus in on the operator's to know before they access any public or private roads. 

When considering driving on federal land, it is important for all drivers to confirm accessibility with their local landowners or land managers to ensure they are accessing only legal areas. There are usually maps are available to assist in identifying legal and seasonally closed roads or streets.

The restricted-use license plate is all that is required for legal access to city or county roads.

Certain roads or jurisdictions may be prohibited from use when a public meeting has occurred, and an ordinance passed for this to happen. Again it is the driver's sole responsibility to know before they access these roads or trails. OHVs are not allowed to operate on any state or federal highway.

When you are on an ATV trail in Idaho, you only need the supervision of an adult to drive a side-by-side. However, if you plan on going onto a road, you will be required to have a valid driver's license to drive. 

What is an ATV or UTV or Side by Side Vehicle:

• UTV (2 to 6 person utility vehicle or utility task vehicle)
• ROV (2 to 6 person recreational off-highway vehicle)
• MOHUV (2 to 6 person multipurpose off-highway utility vehicle)

Take note that the State of Idaho has Passed New ATV Liability Coverage Requirements:FYI: In 2009, Butch Otter signed into law, two bills affecting the insurance coverage requirements for all-terrain vehicles, specialty off-highway vehicles, utility-type vehicles, and motorbikes. The bills are Senate Bill 1098 and Senate Bill 1131. (https://www.insurancejournal.com/news/west/2009/04/16/99669.htm )

- Bruce Skaug, Top Idaho Motorcycle Accident Attorney

According to Idaho law, if you operate a motorcycle, motorbike, or motor-driven cycle, you'll need to get the appropriate motorcycle endorsement on your driver's license. Getting the motorcycle endorsement in Idaho is typically a two-step process. All applicants must be able to pass both a written knowledge test and a motorcycle skills test.

Section 39-304 states: (1) No person may operate a motorcycle upon a highway without a motorcycle "M" endorsement on a valid driver's license. (2) Any person who applies for a driver's license or renewal of a license may also apply for a motorcycle "M" endorsement.

Driving without your license can result in one of these situations:

• License not in Drivers' possession. This driver, if convicted, must pay a fine of up to $75 dollars.
• Driving without a valid license. For a first-time conviction, this is an infraction that is punishable by up fine of up to $150 fine. If it is the second offense, it could be a fine of up to $300. The third offense, if committed within five years, is a misdemeanor, punishable by a maximum six months in jail and up to a $1,000 fine.

If you have been in an accident or you believe that you require legal guidance under one of these conditions, contact one of our experienced attorneys for a consultation.

- Bruce Skaug, Top Idaho Motorcycle Accident Attorney

The first thing that you want to do after a motorcycle accident is to check for any injuries and call 911. 

• First, be sure to be as specific as you can when informing the 911 operator of your location. Mention any street signs, highway mile markers, landmarks, or hazards that you can see. Tell the dispatcher if you or anyone involved in the accident is injured, in pain, or sick.
• Second, according to the law in the State of Idaho, you must file a police report after an accident that results in injuries or property damage. Be sure to ask for a copy of the report, as this accident report will become a piece of evidence to support your insurance claims.
• Third, take pictures of the vehicles and road conditions and anything that might have influenced the accident, such as road construction or other hazards. You will also want to acquire the full names and contact information of the other driver.

After you have taken care of these things, you will want to report the incident to your insurance company and get in touch with an experienced motorcycle accident attorney for a free consultation on how they can help you get the compensation you deserve.

Did you know:
Customized plates for a traditional, Scenic Idaho plate design cost an extra $25 in addition to the vehicle registration fees, with an annual $15 renewal fee. Specialty plates, like a Boise State design, can come with a $60 fee and a $40 renewal.

- Bruce Skaug, Top Idaho Motorcycle Accident Attorney

According to reports from the Insurance Information Institute, there are well over a million collisions between vehicles and deer every year. Deer are very jumpy animals and may react unpredictably to unexpected events. To ensure your safety when riding in wilderness areas, you will want to take some basic precautions. 

• Be especially careful around dawn or dusk, when deer are most likely to be around.
• The period between October and January is mating season, and deer are more likely to be active.
• If you see a deer, there are more likely to be others nearby. Deer live and travel in groups
• Do not swerve when trying to avoid a deer. This is likely to cause you to lose control of your motorcycle, leading to a potential injury or crash - possibly with something more dangerous than a deer.
• When possible, drive in the center lane. This will give you more time to react if a deer should dart into the road.
• Honking your horn can alert deer to your presence. However, be careful in case they are startled into running into your path.

As long as you stay calm and are alert to the potential risks that wildlife along the road can bring, you can significantly decrease your risk of a collision with a deer or other animal.

- Bruce Skaug, Top Idaho Motorcycle Accident Attorney

In all state laws across the United States, leaving the scene of an accident can be considered either a misdemeanor or felony charge for the driver of a vehicle. In Idaho, it is a felony charge. These charges occur when an individual hits another vehicle, pedestrian, or cyclist while driving and fails to stop immediately after the accident.

In the State of Idaho, the penalties for the Felony charge of Leaving the Scene are:

• Leaving the scene of a Vehicle Accident Penalties include up to a five thousand dollar fine ($5000.00) and up to five years in the Idaho State Penitentiary, or both the maximum fine and the maximum prison sentence. 
• Leaving the scene of a Vehicle Accident can result in the penalty of your license being revoked for one year.
• Leaving the scene of an accident that has caused property damage has penalties that include a one thousand dollar ($1,000) drivers responsibility fee for each of the next 2 years issued by the Secretary of State 

Did you know: The insurance institute for highway safety estimates that per vehicle mile traveled, the number of deaths for motorcyclists is more than 27 times the amount for passenger vehicles.

- Bruce Skaug, Top Idaho Motorcycle Accident Attorney

You can asses Motorcycle Accident Damages by asking questions like these listed below:

• How severe were the injuries you sustained?
• Did you miss time from work and if you did, how much time did you miss?
• What have been the costs incurred for your medical expenses to date?
• Have you reached the maximum level of medical improvement that you will be able to reach, or are you still undergoing treatment, are you able to determine with experts when or if that treatment will complete?

• Will you be able to return to your previous job, or will you have to retrain for different opportunities?
• Have you endured notable or significant mental or physical suffering, or has your family?
• What is the extent of the damage that was done to your personal property, is there future considerations in answering this question?

Once these questions can be fully answered, your attorney will be able to start to assign a potential value to the case. Your attorney will also be able to help you foresee any considerations that you might not have, which would impact your future well being.

- Bruce Skaug, Top Idaho Motorcycle Accident Attorney

Lane splitting or lane straddling is a term that describes riding between two lanes of slow-moving or stopped traffic moving in the same direction. 

The Idaho drivers manual (https://itd.idaho.gov/wp-content/uploads/2016/06/motorcycle_manual.pdf) is based on text produced by the national Motorcycle Safety Foundation. It is published by the state but has not customized the section on lane splitting. It offers general cautions, but that has only left some motorcycle riders confused as to what the law actually states. 

While Idaho Code 49-637 states: (1), A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety.

If you suspect that you may be wrongfully ticketed or fined, consult one of our experienced attorneys today!

- Bruce Skaug, Top Idaho Motorcycle Accident Attorney

In the State of Idaho, the statute of limitations for car accident injury lawsuits is the same as the one that applies to all personal injury lawsuits where someone’s negligence is alleged to have caused injury to another. 

Idaho Statutes section 5-219 provides anyone injured a period of two years from the date of injury to request remedy from the Idaho civil courts personal for those injuries.

 Any injury compensation case pursued by:

• A driver
• A passenger
• A motorcycle rider
• A bicyclist
• A pedestrian 

is subject to this two-year filing deadline.

The same law and timeline apply for any wrongful death lawsuit that might be filed by a family member or executor of any estate to someone who was died as a result of the accident. For these wrongful death claims, the two-year timeline, however, commences on the date the victim’s died rather than on the date of the accident occurred.

Did you know: Customized plates for a traditional, Scenic Idaho plate design cost an extra $25 in addition to the vehicle registration fees, with an annual $15 renewal fee. Specialty plates, like a Boise State design, can come with a $60 fee and a $40 renewal.

- Bruce Skaug, Top Idaho Motorcycle Accident Attorney