02-15-11 Both drivers cited in Feb 10th Crash at Ustick &
Boise, Feb. 15, 2011 - After a thorough
investigation, Boise Police have cited both drivers in a collision
that occurred Feb 10th at the intersection of Ustick and
Milwwaukee, involving a Dodge minivan and a Honda Accord.
The driver of a Honda, a 22 year old
Boise man was cited for failure to obey a traffic control device
(evidence is he did not have the right of way, ran the light), ISC
48-801, an infraction that carries an $85 fine.. The driver of the
van, a woman in her 30's from Eagle who had three small children in
her car was cited for improperly securing a child in a safety seat,
ISC 49-672 (below), also an infraction that carries a $79 fine.
What Happened: Boise Police, fire and
Ada County EMS were called to a collision that had just occurred
approx 1:35 p.m. Thursday, Feb 10th at the intersection of
Milwaukee & Ustick. When emergency responders arrived, they
found a young girl, age 6 sitting in the drivers seat of the van.
She had come out of her booster seat and out of the minivan through
a window as it rolled following the collision with the Honda.
Officers say the van continued to roll upright leaving the girl in
the road. When the van stopped, the girl got up and ran back to the
van, sitting in the front seat. The girl had some scrapes and
bruises but was not seriously injured.
Following the investigation, officers
say the girl was seated in the 3rd row of seats in the van and was
in a booster seat. However, the shoulder strap on the booster seat
was behind the child, contrary to how booster seats are designed
for safe use, and the lap belt alone did not hold the child in
place, thus her ejection from the vehicle and the citation issued
to the driver of the van. Two other children in the van, boys ages
3 and 5 were properly restrained and remained in their car seats in
the 2nd row of the van and were not injured. All four were taken to
the hospital for observation. The mother, who is pregnant, and the
girl were admitted and have since been released.
The driver and passenger of the Honda
were also treated for non-life threatening injuries.
RULES OF THE
49-672.Passenger safety for children. (1) No
noncommercial motor vehicle operator shall transport a child who is
six (6) years of age or younger in a motor vehicle manufactured
with seat belts after January 1, 1966, unless the child is properly
secured in a child safety restraint that meets the requirements of
federal motor vehicle safety standard no. 213.
provisions of this section shall not apply:
all of the motor vehicle's seat belts are in use, but in such an
event any unrestrained child to which this section applies shall be
placed in the rear seat of the motor vehicle, if it is so equipped;
the child is removed from the car safety restraint and held by the
attendant for the purpose of nursing the child or attending the
child's other immediate physiological needs.
failure to use a child safety restraint shall not be considered
under any circumstances as evidence of contributory negligence, nor
shall such failure be admissible as evidence in any civil action
with regard to negligence.