Drinking and driving can lead to holiday car accidents
On Behalf of Bradley, Drendel & Jeanney • Jul 06, 2017
The Fourth of July is a particularly exciting holiday when Reno residents can enjoy the beauty of Nevada’s summer while celebrating the autonomy of our great nation. It is a time when friends become family and communities come together to enjoy each other’s company, feast on cookout fare, and watch amazing fireworks displays in the sky. It is also a time when individuals may choose to partake in the consumption of alcohol, which, under controlled circumstances, can be a safe endeavor for adults.

However, not everyone makes good decisions about drinking and driving when celebrating the birth of our nation. Individuals may indulge in their favorite alcoholic beverages and then make the dangerous decision to climb behind the wheels of their cars to drive themselves home after their celebrations have ended. While some may make it to their destinations without suffering any harm, others may be unable to control their vehicles adequately and may cause violent collisions with other motorists on the roads.

Drunk driving accidents are horrible tragedies because they are generally preventable. A simple choice not to drive, or to have a designated driver in place, may save the lives of individuals who are unfortunate enough to encounter drunk drivers on the roads. Readers who have experienced losses due to drunk drivers understand the pain and suffering that may accompany losing a loved one in this type of vehicle accident.

The attorneys of the law firm of [nap_names id=”FIRM-NAME-1″] hope that the readers of their personal injury legal blog have a safe and enjoyable Fourth of July week. It is their wish that every individual who attends a Fourth of July celebration makes it to and from their destination without incident; they know, though, that drinking and driving may impact some who want only to have fun. For those whose holidays are ruined by negligent drunk drivers, more information is available on our website.

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What is ’cause in fact’ in a Nevada motorcycle accident?
On Behalf of Bradley, Drendel & Jeanney • Jun 29, 2017
In April, this blog discussed a bit about the concept of negligence in Nevada and, more specifically, what the elements of such a claim would be in a civil case to recover damages due to, say, a motorcycle accident. We also touched on the elements of legal duty and breach of that duty as the first part of such a case. Some may realize that simply having a breach of a legal duty will not be enough to impose liability, however. The next part of a negligence case is showing causation; that is, did the injuries in the accident result from the breach of duty claimed?

There are two kinds of causation in a negligence case, and both must be shown for a victim to recover. Today we will very briefly discuss ‘ cause in fact ,’ the first of these types of causation. ‘Proximate cause’ is a bit more complicated and will have to wait for a post of its own.

Cause in fact is also sometimes known as ‘but-for’ causation, because it attempts to determine whether the negligence alleged actually caused the stated injury. In other words, but for the negligent action or inaction, would the injury not have occurred? This may be thought of, in a way, as direct causation. Did the breach of the legal duty in the case actually lead to the accident, and thus the injury, directly, no matter how attenuated the timeframe? This is generally the easier of the causation elements to prove, because in many cases it will be obvious that the negligent behavior caused the accident in question.

Motorcycle accidents can have huge consequences for those involved. Due to their small size and lack of safety features, motorcycles offer little in the way of protection from injury when they crash. Those who believe they have been injured do to another’s negligence, may wish to consider consulting an experienced Nevada injury attorney.

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Nevada spinal cord injuries can complicate a life immensely
On Behalf of Bradley, Drendel & Jeanney • Jun 22, 2017
“Grow a spine!” “Get some backbone!” These and other idiomatic expressions abound. But, while they may be useful in getting ideas across, often in a humorous way, actual spinal cord injuries are no laughing matter. It is an unfortunate fact that people cannot literally grow a spine, and when it is damaged in a car accident or other tragic situation, the result is that a victim’s life is altered forever.

Because the spinal cord is the main conduit for nerve impulses from the brain to our extremities, the damage to it means the loss of functionality. The results of these injuries can even be permanent paralysis.

Even if paralysis is not a result, however, spinal cord injuries can create other serious conditions. These can include intense pain, nerve damage and the loss of other bodily functions. These problems can mean incredible medical costs, including for treatments, surgeries, rehabilitation and physical therapy. Further, the serious physical consequences of a spinal cord injury could result in the victim’s inability to continue working.

When such an injury is caused by another’s negligence, whether in a car crash work accident, a victim may have the right to compensation. Given the likelihood of life-altering consequences, it is incumbent on a victim and his or her family to protect their legal rights, if they wish to mitigate their losses. Those who find themselves in such a situation may wish to consider reaching out to an experienced Nevada injury attorney. As these situations are filled with stress and sorrow, having the guidance of a professional can mean all the difference in achieving justice.

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Subrogation and Nevada car accident victims
On Behalf of Bradley, Drendel & Jeanney • Jun 15, 2017
Nevadans are generally a hardy lot. Whether it is the old frontier mind-set or just a byproduct of the harsh, but beautiful, environment, Nevada residents tend remain stoic. However, dealing with an insurance company after a serious car accident can have a detrimental effect on even the calmest individual.

Some might think that once they manage to get their payments from the insurance company that the matter is over. Unfortunate, that is not always the case.

One reason is the legal concept of ” subrogation.” Subrogation is a means by which the insurance company inserts itself into any potential claim the injured individual may have against the person who caused the car accident. The company places itself, in legal terms, in the place of the injured person.

The basic idea behind subrogation is that an accident victim should not get a windfall by being paid twice for the same injury (e.g., by both the insurance company and the negligent party). However, in practice, it can be a problem for accident victims. The insurance company may request repayment of what it paid on the policy from any settlement proceeds, which may dramatically cut in to the accident victim’s needed compensation. The company might also insert itself into any settlement negotiations to protect its subrogation rights, complicating the process of “getting to yes.”

Nevada car accident victims need to be aware of the possibility of insurance company subrogation, and realize they may have some rights. Further, any potential subrogation should be taken into account, while assessing settlement offers, so as to ensure the victim comes as close to being made whole as possible.

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How much insurance must be carried for truck accidents?
On Behalf of Bradley, Drendel & Jeanney • Jun 08, 2017
Most Nevada drivers are probably aware that the law requires them to carry insurance coverage for their vehicles. That is, they are not allowed to drive on the public streets unless they can show they have at least, a minimum amount of automobile liability insurance.

There is good reason for this: the cost to individuals involved in automobile accidents can be great, and when no one is able to pay that cost, it is passed on to society at large. Mandatory insurance ensures that even if someone cannot pay for injuries from an accident he or she caused, insurance will pay, and the risk will be spread among the pool of the insured.

It should not surprise Nevada residents then, trucking companies must also provide insurance for their vehicles. In fact, due to their large size and weight, and the potential that they have for causing even more catastrophic damage than passenger cars, it would make sense that the requirements for insurance coverage are higher than those for drivers of personal vehicles.

The Federal Code of Regulations sets out the minimum amount of coverage those operating commercial trucks must carry. We will focus here on those vehicles carrying goods, as common carriers transporting people are covered by a different regulation.

The federal government requires that companies operating a truck carrying non-hazardous goods carry at least $750,000 of financial responsibility. Those carrying oil and a few other specific substances must carry at least $1,000,000. And, companies that transport things classified as hazardous materials must have at least $5,000,000.

As can be seen, the amounts of insurance carried by commercial carriers are generally quite a bit above those carried by other drivers. But, this seems right, considering that those involved in truck accidents can generally expect to have heavy medical and recuperative costs, not to mentione missed work and other economic damages, as well as pain and suffering.

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Nevada man dead after accident; another charged with DUI
On Behalf of Bradley, Drendel & Jeanney • Jun 01, 2017
We have all seen the public service announcements by the government. These commercials by groups, like Mothers Against Drunk Driving (MADD), and the warnings from law enforcement about stricter monitoring of drunk driving. Yet, every day, people get behind the wheels of motor vehicles after having had too much alcohol. And, it often leads to drunk driving accidents , and sometimes, to death.

One such incident happened recently in the eastern section of nearby Las Vegas. Reportedly, a 1998 Honda Accord collided with a 2014 Ford Mustang in an intersection. According to authorities, the 24-year-old driver of the Accord had run a stop sign, and hit the Mustang broadside on the driver’s side. Unfortunately, the driver of the Mustang, aged 80, was killed at the scene from blunt force trauma.

The surviving driver was taken to the hospital with minor injuries. He has been booked on charges of Fatal Driving Under the Influence (DUI), possession of a controlled substance and having an open container of alcohol in a vehicle. Bail had not been set at the time of the report and the 24-year-old remained in custody.

Great strides have been made in the fight against drunk driving since it first became a major social issue in the 1970s and 1980s. There is still a long way to go. Even one Nevada family having to deal with the loss of a loved one due to the preventable crime of drunk driving is too many. Those who have lost someone in a drunk driving accident may wish to consider whether they have a legal right to recover compensation from the negligent driver.

Source: Las Vegas Review-Journal, ” Man arrested after fatal crash in eastern Las Vegas Valley ,” Mike Shoro, May 23, 2017

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Effects of Reno truck accident injury lasts for years
On Behalf of Bradley, Drendel & Jeanney • May 25, 2017
Thinking about the possible dangers that could befall one out on our roads and highways, what comes to mind? One big danger is semi-trucks, and other commercial trucks that can be involved in truck accidents. Truck accidents cause serious injuries or even death to Reno motor-vehicle drivers and their passengers. While the event itself is terrifying enough, it generally does not end there. Serious injuries can negatively affect a person’s life for years and in different ways.

Commercial trucks are particularly dangerous due to their size and speed at which they travel. Even traveling the speed limit can be too fast for some semi-trucks. Speed, driver fatigue and load weights can all play a role in causing a truck accident. Truck maintenance could have been neglected, which could have played a role if the truck malfunctioned and causes it to lose control.

In short, there are almost endless instigators that could have been behind truck accident injuries. There are potentially multiple parties at play who could be held responsible for their negligence, by contributing to the crash.

No ill will need be involved at Bradley Drendel and Jeannie. We know just how devastating these truck accident injuries can be on a person’s life. Accident injury can put a person out of work, cause them to have severe medical issues and even steal their cognitive abilities.

This can amount to lost wages, soaring medical expenses, loss of loved ones and destruction of property, just to name a few outcomes. The ramifications of truck accident injury can be like a domino effect, cascading down on a Reno family at the worst moment. This is why one should consider seeking reparations for their injury, loss and suffering due to serious injuries.

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Seventeen dead so far in 2017 Nevada motorcycle accidents
On Behalf of Bradley, Drendel & Jeanney • May 18, 2017

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Some ways to avoid Nevada spinal cord injury
On Behalf of Bradley, Drendel & Jeanney • May 11, 2017

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Bill to Limit Hospital Costs for NV Seniors Gets Hearing
On Behalf of Bradley, Drendel & Jeanney • May 09, 2017
May 8, 2017 – Suzanne Potter, Public News Service (NV)

Depending on the hospital, seniors on Medicare may not get the lower Medicare rates if they’re injured in an accident where someone else is at fault. (AARP)

CARSON CITY, Nev. – A hearing will be held this week for AB 183, a bill that would make sure seniors are charged lower Medicare rates by hospitals if they are injured in an accident in which someone else is at fault.

Right now, some hospitals in Nevada charge patients for the full bill rather than the lower Medicare rates, based on the assumption that the victim will hire a lawyer to go after the responsible party’s insurance company. Bill Bradley, a consumer trial lawyer in Reno and a member of the Nevada Justice Association, said seniors on Medicare should get the benefit of the lower rates Medicare has negotiated.

“Medicare agreed to pay the bills on behalf of these people,” Bradley said. “These people paid for their Medicare contract, and for the hospital to unilaterally decide that it doesn’t have to bill Medicare is unfairly taking advantage of our senior citizen population.”

Bradley said many hospitals refuse to bill Medicare in these cases. The University Medical Center of Southern Nevada in Las Vegas is an exception.

If the patient recovers money from the other person’s insurance company, the patient will have to pay Medicare back.

Opponents of the bill say hospitals have the right to refuse to bill Medicare because the patient has the right to sue for the full amount of the bill. But Bradley argued that if the responsible party only has the minimum insurance coverage of $15,000, the patient is responsible for paying the rest.

“Where there is not adequate insurance, lawyers try to approach these hospitals and explain that there wasn’t adequate insurance and ask the hospital to reduce its amount,” he said. “And sometimes the hospitals are willing to negotiate, and other times they aren’t.”

According to Bradley, there is no national standard on how to deal with these types of situations. Rather, other states take a variety of approaches to the problem.

The bill will be heard before the Assembly Judiciary Committee at 9 a.m. on Tuesday.

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