Can I Ride in the Back of a Pickup Truck in Idaho?
There are no laws at this time that prohibit people from riding in the cargo area of a truck in Idaho. However, Idaho does have mandatory seat belt laws that require all passengers in a vehicle to wear a safety restraint when the vehicle is in motion. It appears that these two laws could contradict one another, especially if an insurance company is attempting to use the ‘seat belt defense’ to deny your accident claim. Furthermore, you may be forced to deal with Idaho’s comparative negligence laws if you file a lawsuit for damages in a truck accident.
Let Our Attorneys Protect Your Legal Rights
If an insurance company is denying your injury claim based on the seat belt defense or comparative negligence, our Idaho car accident attorneys can help. Don’t allow an insurance adjuster to place blame on you for your injuries simply because you were doing something that you have the legal right to do in Idaho. Let our attorneys fight for your right to recover 100 percent of your expenses and damages in a truck accident.
Various Defenses an Insurance Company May Use if You are Injured While Riding in the Cargo Area of a Pickup Truck
As mentioned above, the insurance company or the other driver may try to use several defenses to deny or reduce your claim. For example, you are required to wear seat belts when a vehicle is in motion. However, there are no seat belts in the back of a pickup truck, and the laws do not specifically exempt trucks from the law. Therefore, an insurance adjuster may try to use a safety belt defense to claim that you were at fault for your injuries because you were riding without a seat belt.
Another defense an insurance adjuster may try to use is the comparative negligence argument. Under comparative negligence, if you are partially at fault for your injuries, your claim can be denied, or your compensation can be reduced.
Riding in the rear of a truck can be dangerous. If the company can convince a jury that you are more than 50 percent at fault for your injuries because you chose to ride in the back of a truck, your claim will be denied. Even if the insurance company cannot convince the jury you were more than one-half at fault, any percentage of fault assigned to you by the jury will reduce your compensation by that percentage.
Why Is It Dangerous to Ride in the Cargo Area of a Pickup Truck?
Riding in the cargo area of a truck can be deadly. In a crash, you have absolutely no protection. In many cases, victims are thrown from the truck and run over by one of the vehicles or vehicles in another lane. If you are not thrown from the truck, you can be crushed in the collision. Most victims riding in the rear of a vehicle suffer severe injuries in a crash including:
- Traumatic brain injury (TBI)
- Closed head injuries including concussions
- Severe fractures and compound broken bones
- Spinal cord injuries
- Severe burns
- Internal bleeding and damage to internal organs
The cost of medical care for these injuries can be substantial. When added to lost wages and other damages, the claim for a truck accident can quickly add into the hundreds of thousands of dollars. For this reason, you want an experienced Idaho car accident attorney representing you. You want an aggressive attorney who will fight the defenses raised by the insurance company to maximize the compensation you can receive for your claim.