Reno Personal Injury Law Blog | Bradley, Drendel & Jeanney
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Reno Personal Injury Law Blog

'CMV's subject to regulation to try to prevent truck accidents

This blog has previously discussed some of the factors that might be involved in truck accidents that occur in Nevada and elsewhere in the United States. Because of the necessity of transporting goods in a relatively fast and efficient manner, our society has decided that having trucks on the roads is worth the risk they can pose to other drivers, due to their size and limited handling characteristics. However, our government regulators do expect truck drivers and companies to abide by regulations that are meant to minimize this risk as much as possible.

The Federal Motor Carrier Safety Administration (FMCSA) is the agency responsible for promulgating and enforcing rules that are supposed to keep trucks relatively safe while travelling on the country's roads. The FMCSA publishes rules about many aspects of commercial vehicle operations, including safety equipment, maintenance schedules, and amounts of rest drivers must have.

What is 'negligence per se' in a Nevada drunk driving accident?

Drunk driving has been a social problem in the United States for about as long as automobiles have been around. Because of the country's penchant for equating driving with independence and freedom, and the history of the manufacture, sale and consumption of intoxicating beverages, especially as a form of celebration, the operation of motor vehicles while drunk also has long been a common event throughout the country. Over the last several decades, however, the dangers of drunk driving have become more and more apparent. Moreover, the political will to curb such behavior has grown such that every state has laws penalizing people criminally for driving will intoxicating.

Criminal penalties are not the only way to deter drunk driving, however. The use of civil law to compensate victims for damages they suffer at the hands of an intoxicated driver has resulted in many monetary awards against those who have broken the laws. While civil and criminal cases are distinct and separate proceedings, there can be some interplay between them when it comes to proving negligence in cases where a Nevada resident is injured by a drunk driver.

What is duty and breach in a Nevada motorcycle accident?

About a month ago, we very briefly outlined the basics of a negligence case that might stem from an accident in Nevada. When someone is injured on the road, there is often a search to determine who is at fault. Negligence is one theory under which an accident victim may hold someone else responsible for his or her injuries, and seek monetary compensation from that individual.

As we touched on previously, there are several elements to a negligence case that might follow injuries in a motorcycle accident. The first step in determining if such a case might succeed is to examine the elements of duty and breach. To hold another driver or entity liable for one's injuries, the plaintiff will first have to show that the person involved had some legal obligation to the victim, and broke that obligation. In many cases, this legal duty will be the one that all drivers owe to others on the roads to drive with reasonable care based on the circumstances at the time they are driving.

Who is most likely to suffer Nevada spinal cord injury?

Most of us take our backs for granted. Even though practically every physical activity we engage in involves using our backs in one way or another, it is usually not something we think about until there's a problem. When such a problem occurs, however, it can be debilitating, even if it is relatively minor, such as a pulled muscle. Further, the involvement of a spinal injury can create untold expenses and pain for Nevada residents unlucky enough to be subject to them.

Reports suggest that nearly 11,000 spinal injuries happen to people every year across the country. Almost 5,000 of these people may die before being hospitalized, and as many as 200,000 more may end up living with effects of a spinal cord injury. Also, while it may be that, in the popular imagination, back problems are associated with older people, this may not be the case when discussing injuries to the spine. Statistics indicate that the average age of a spinal cord injury victim is 32 years of age, and that the highest incidence of such types of injuries (on a per-capita basis) is in those between ages 16 and 30.

Hit and run driver allegedly responsible for Nevada accident

In Nevada and around the United States, everyone who uses the public roadways agrees to abide by the traffic laws and the rules of the road. For example, while no physical barrier prevents vehicles from crossing a double yellow line, millions of cars pass each other in opposite directions each day without incident as most people respect the idea that the line represents. Likewise, when an accident does occur, it is understood that those involved stop and exchange information, and possibly cooperate with any investigation required by law enforcement. Sometimes, however, people do not respect the traffic laws, creating a problem for themselves and those affected by their actions.

For example, a recent accident in South Tahoe involving a car and a bicycle was resolved only because of the actions of police and someone who was not a party to the original incident. According to reports, a 33-year-old man hit a cyclist and then fled the scene of the accident. A passerby who witnessed the crash followed the car driver to a nearby residential area, where the man allegedly attempted to ram the witness' vehicle. The witness eventually provided a specific description of the man to authorities who arrested him. He is suspected of being a drunk driver, and has been charged with various crimes in connection to the accident.

What is 'vicarious liability' in a truck accident?

Large trucks fulfill a vital role in Nevada, and indeed, throughout the United States. Their impact is crucial for a strong goods-based economy like the one we enjoy. Being able to transport items over long distances relatively quickly and efficiently, tractor-trailers and semi-trucks are an indelible part of the American landscape. However, when one of these vehicles is involved in an accident, the results can be disastrous for those involved.

Because of their large size, and the weight of both the vehicles themselves and the loads they are hauling, not only can trucks be a bit unwieldy to handle, but a crash with a car or even a pick-up may lead to the serious injury to those in the smaller vehicle. When these accidents are avoidable but for the negligence of the truck driver, those injured in the crash may have methods to receive compensation.

How does Nevada compare nationally in drunk driving?

While Nevada is largely a rural state, there are plenty of roads. Add in large entertainment centers such as Las Vegas or Reno, and there's plenty of opportunity for individuals to drive after having had a bit too much alcohol. When this occurs, it puts everyone on the road at risk of serious injury and death. It is well known that alcohol will slow reflexes, impair judgement and increase the chance of motor vehicle accidents if drivers have had too much. But how much does this happen in Nevada?

According to the Foundation for Advancing Alcohol Responsibility (using statistics from the National Highway Transportation and Safety Administration,) 96 people were killed in Nevada in 2015 in alcohol-related accidents. Out of all road fatalities in the state that year, those accounted for almost 30 percent, about in line with the national average. Among those fatalities, 7 involved people under 21, for about 16 percent of all fatalities, a bit under the national rate of 23.

How does one show negligence in a Nevada motorcycle accident?

Accidents involving any kind of vehicle tend to be bad for those involved. The property damage and personal injury that can occur when two massive pieces of metal and plastic collide at high speed is indisputable. When one of those vehicles is a motorcycle though, the results of a Nevada accident are often catastrophic. Because of the smaller size and weight of the motorcycle, and the lack of any metal cage around the driver, motorcycle accidents usually create devastating injuries. When these are caused by someone else's negligence, there are legal rights that may have to be protected.

"Negligence" is a word that is used when discussing accidents and other injury cases. But, what does it mean?

Compensation for pain and suffering after a Reno car accident

When you think of a car accident, what images come to mind? Twisted metal, emergency vehicles and a road strewn with debris? While all these things may be present after a car accident, many accidents aren't so dramatic. Car accidents happen every day in Reno that may appear minor on the surface, but in reality can cause significant pain and suffering for the victims and their families.

Pain and suffering is a term that refers to the mental and emotional anguish a victim can suffer after being involved in a car accident. It refers to the physical injuries and the loss of enjoyment of life in the months or years after the accident. These are all very real losses, and if they were caused by another driver's negligence, Nevada law allows the victim to recover monetary damages.

How can a spinal cord injury change a person's life?

There are a few areas in the body that are key to a person's health and well-being. While every part of the body is important, certain components are important to overall body function. One of those areas is the spinal cord. The spinal cord is a bundle of nerves, protected by the vertebrae, that give the body movement and sensation.

As some Reno residents may already know, the spinal cord is an important and delicate area of the body. When the spinal cord is injured in a car accident, motorcycle accident or by other severe trauma, the spinal cord can become irreparably damaged. When a person suffers a spinal cord injury, or SCI, blood flow can become cut off to the nerves and it can set off an onslaught of immediate and long-term health problems.

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