Caldwell Hit and Run

Abby, 15, and Kendall,12, McMillan were hit by a car while they were on the shoulder of Caldwell's Freezeout Road. They believe that they are victims of an intentional hit-and-run. The sisters were on their way back home from visiting their grandmother's house when they were rammed and knocked unconscious. Before they were hit, the eldest daughter heard the engine rev leading them to believe that the driver intentionally hit them.

According to the release, the victims told authorities they were ejected from their two person utility task vehicle. Abby suffered a small lung puncture in the accident, and Kendall experienced bleeding and bruising in her brain. Both are expected to recover.

Comments from Allen:

The likelihood of finding the perpetrators of this crime is low; it probably will not happen unless the perpetrator brags about what he has done. That said, the charge against the defendant would not be for a hit-and-run (leaving the scene of an injury accident), but more probably two counts of aggravated battery with a deadly weapon.

Most vehicles are built to absorb the impact of another vehicle by crushing to an extent, to lessen the severity of injuries to the occupants. Utility task vehicles are more commonly built without such metal panels on the outside, and the main safety features are safety belts and roll bars, in the event the thing tips over. They are not built to protect drivers from a direct impact from an oncoming motor vehicle.

The police, unable to piece together clues to find the liable party, are asking the community to tell them if they have heard anything, and the father of the victim has taken to interviews, asking the driver to come forward and man up to what he has done. If the liable party comes forward, he may get prison time for trying to impact the girls' vehicle, and because the injuries were severe.

Bleeding and bruising of the brain usually means there is long term mental damage to the victim.

On the civil side, with the liable party refusing to identify himself, it appears there will be no insurance recovery to help with rehabilitation for the victims, and that is a shame. A GoFundMe page has been set up for the girls to help with their expenses. If the liable party is located, this is the type of case that merits punitive damages, as it appears the conduct of the other driver was intentional.


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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    

Sources for more information:
http://www.idahostatesman.com/latest-news/article162510373.html

 http://www.idahopress.com/news/local/caldwell-sisters-injured-when-a-car-hit-their-atv-and/article_882f6883-4582-50f7-8420-a27e0d7fefe3.html

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