What is ‘vicarious liability’ in a truck accident?
On Behalf of Bradley, Drendel & Jeanney • Mar 24, 2017
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.

One way to do this would be to sue the truck driver him- or herself. However, in many cases, the driver likely has very little money to pay outside of whatever insurance he or she may personally carry. One remedy in such instances is to use the legal doctrine of ‘ vicarious liability ‘ to hold the driver’s employer responsible for the injuries. Basically, the law will hold an employer responsible in many cases when its employee has caused injury while discharging the duties for which he or she was employed. In most cases, these companies have better insurance, and ‘deeper pockets’ from which to pay a settlement or judgement.

Such cases are not always cut-and-dried, however. Not only will a Nevada plaintiff need to show that there was negligence I some form, such as failure to abide by federal trucking regulations, but also that the driver was an employee, and that the accident occurred during the course of employment. This can get tricky, especially if the driver is an ‘independent contractor.’ People injured in a truck accident may wish to consider consulting an experienced Nevada attorney.

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How does Nevada compare nationally in drunk driving?
On Behalf of Bradley, Drendel & Jeanney • Mar 17, 2017
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.

The statistics also reveal an interesting fact about drunk driving accidents and fatalities, which is that over 70 percent of fatal drunk driving accidents involve ‘high Blood Alcohol Content’ (BAC) drivers, that is, those with a BAC over .15. This rate goes up to almost 90 percent when it comes to accidents involving repeat Driving Under the Influence (DUI) offenders.

The loss of a loved one in a drunk driving accident will change the life of an entire family. Not only the financial effects, like medical bills or loss of future income, but the emotional toll can be brutal. Those left behind have to deal with the fact that a preventable accident took away someone they loved. Nevadans in this situation may wish to consider whether they should pursue legal compensation from a negligent driver.

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How does one show negligence in a Nevada motorcycle accident?
On Behalf of Bradley, Drendel & Jeanney • Mar 08, 2017
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?

This blog has described it as someone not using “reasonable care.” While this is true, there are more specific things we can say about what needs to be shown to convince a court that negligence occurred.

First, the party being painted as negligent must have a legal duty to the other party. This can be a duty to him or her specifically, or a more general duty to, for example, others on the road.

This party must also have breached this duty. That is, the party must have done something a reasonable person would not have, or not done something a reasonable person would have. The breach of the duty must also have led to the injury, both in fact and foreseeably. Finally, there must be some kind of legally recognizable damage or injury that occurred from the negligence for there to be liability.

These elements can get somewhat complicated, especially causation, which is broken into cause “in fact” and “proximate cause.” This blog may go into all the elements in more detail in later posts. But, for now, it is important for Nevada motorcyclists to understand that if they have been injured due to another’s carelessness, they may have a legal right to monetary compensation.

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Compensation for pain and suffering after a Reno car accident
On Behalf of Bradley, Drendel & Jeanney • Mar 01, 2017
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.

At Bradley Drendel & Jeannie, we know how real the pain and suffering from a car accident can be. We have seen countless clients who suffered these and other losses. We work hard to get our clients the compensation they deserve, whether in a jury trial or in settlement negotiations with the negligent driver’s insurer.

At our law firm we do everything in our power to ensure a favorable outcome for our clients. Pain and suffering is just one category of damages that can be claimed. There are other compensable damages, such as medical expenses, lost wages, loss of future earning capacity, scarring and disfigurement that can be sought after a Reno car accident injury.

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How can a spinal cord injury change a person’s life?
On Behalf of Bradley, Drendel & Jeanney • Feb 24, 2017
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.

As of 2005, the most common cause of spinal cord injury was motor vehicle accidents. This is because accidents of this nature are often characterized by a jolting collision that can cause separation in the bones of the spinal column, which leads to injury to the spinal cord. This can result in serious conditions like paralysis, nerve damage and other life-altering conditions.

If you or a loved one were involved in a car accident that resulted in SCI, you may want more information about spinal cord injury so you know how this injury will affect the victim’s life in the short and long term. If the SCI was caused by the negligence of another person, he or she can be held liable for damages.

Source: nichd.nih.gov, ” What causes spinal cord injury and how does it affect your body? ,” Accessed February 20, 2017

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Drunk driving suspected after man killed in motorcycle accident
On Behalf of Bradley, Drendel & Jeanney • Feb 15, 2017
A man was killed in a motorcycle accident on Las Vegas Boulevard earlier this month. An accident like this can be a sudden and heart-wrenching loss for all involved. In this instance, the driver of the vehicle that struck the motorcyclist is under investigation for their role in the crash.

The fatal motorcycle accident occurred in broad daylight, at approximately 12:30 in the afternoon. The victim was riding his motorcycle on Las Vegas Boulevard when he collided with a black four-door sedan. Both the motorcycle and the car went off the road. Emergency crews did everything to save the man’s life, but he was ultimately pronounced dead at a nearby hospital at about 1 p.m. Las Vegas police have arrested the driver of the sedan for suspicion of DUI.

If the driver is found to have been intoxicated at the time of the crash, and if there is evidence the intoxication played a role in causing the accident, the state may file vehicular homicide charges against the driver. The family of the motorcyclist who lost his life is likely looking for answers to the crash that took their loved one from them. Answers can be sought in a number of different ways; a full investigation may well turn up additional clues.

When a fatal accident occurs, an investigation may help point families in the right direction as to what to do next. If it appears the driver was negligent and that this negligence was a substantial cause of the accident, there are ways to collect financially from responsible parties or their insurance companies. Even if the driver wasn’t insured, it may be possible to collect from the deceased victim’s own uninsured motorist coverage. These options are available in certain situations in which negligent behavior, like intoxicated driving, has led to an innocent person’s injury or death.

Source: ktnv.com, ” Update: Coroner identifies motorcyclist killed Saturday ,” Bryce Riley, February 4, 2017

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Drunk driving’s consequences for Nevada
On Behalf of Bradley, Drendel & Jeanney • Feb 08, 2017
Driving while intoxicated is a crime in the state of Nevada. This has not, of course, brought an end to drunk driving or its often tragic consequences. The U.S. Centers for Disease Control and Prevention has collected data on the effects of drunk driving in each state. The statistics for Nevada are shocking.

Drunk driving accidents are entirely preventable. Those who drive drunk have chosen to get behind the wheel when they should know they are in no condition to drive. Between the 2003 and 2012 over 1,000 Nevadans were killed in accidents involving a drunk driver. Rates of death were highest for persons between the ages of 21-34, but the fatalities affected people of all ages.

The good news is that incidents of drunk driving have decreased in recent years. However, the CDC reports that in 2010 alone, there were millions of incidents of drunk driving. Nationally, one out of three traffic fatalities involved a drunk driver. For those who suffer injuries or a loved one’s death due to the actions of a drunk driver, there are legal options. Recovering for the losses you or a loved one has suffered at the hands of a drunk driver seems only right.

Criminal laws alone have never been enough to prevent people from doing something. Our penal systems are evidence of this fact. However, the civil justice system provides means for victims and their families to seek and secure compensation for their misfortune. Injuries that are the result of a drunk driver can, and should, be compensated for.

Source: cdc.gov, ” Sobering Facts: Drunk Driving in Nevada ,” Accessed February 6, 2017

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Recovering compensation after a semi truck accident
On Behalf of Bradley, Drendel & Jeanney • Feb 02, 2017
Some motorists in the Reno area may not fully appreciate the danger that large semi trucks pose to those driving near them. These vehicles can cause catastrophic injury to occupants of smaller vehicles. The slightest of wrong moves by a commercial truck can lead to you or a loved one ending up in a hospital bed.

At Bradley Drendel & Jeannie, we know how serious truck accident injuries can be. For this reason, it is imperative that those who have been injured by a negligent truck driver understand their legal rights. If the injured party can prove that a trucker’s negligence caused the accident, they can recover monetary damages for their losses. Medical bills, loss of wages and other contributing costs are among the categories of damages that can be claimed.

Many accidents, of course, are the fault of more than one party. Even if you are partially responsible for an accident, however, Nevada’s comparative negligence law will still allow you to recover if you were not more at fault than the other driver. Since injuries can result in thousands of dollars in past, present and future expenses, proving the truck driver is at fault is critical.

Negligence must be proven in order to recover compensation after a semi truck accident injury. Fault in a semi truck accident case can be based on the negligence of the truck driver, the trucking company, or those responsible for maintenance and repair of the truck. A full investigation can turn up evidence to support the injured party’s claim.

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Death and discharge rates after accident injury on Nevada roads
On Behalf of Bradley, Drendel & Jeanney • Jan 27, 2017
car accident

Source:

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Reno hit-and-run suspect apprehended and charged
On Behalf of Bradley, Drendel & Jeanney • Jan 19, 2017
If there is one type of car accident that is completely inexcusable it is a car accident in which a person involved leaves the scene of an accident prematurely. This type of behavior is what’s known as a hit and run. It is against the law to leave the scene of an accident before exercising due care. There are consequences for this type of behavior and one Reno man has been arrested on suspicion of leaving the scene of a fatal hit and run accident earlier this month.

Reno police were called to the intersection of Pueblo Street and Holcomb Avenue late one night in early January. Reports were that there was a man down in the road. When authorities arrived, the man was unresponsive and declared dead on the scene. The vehicle that struck the man and the person who was driving were nowhere to be found.

When the suspect was apprehended, the vehicle suspected of being used in the car accident was parked in the driveway. A full investigation can turn up proof that this was, in fact, the car that was used in the hit-and-run accident. Criminal charges are pending for the alleged perpetrator. While personal injury law and criminal law courts are separate, determinations in criminal court could act as a great argument for the injured individual’s family as criminal court has a higher threshold of proof than does personal injury court. If the man is found guilty for his role in the pedestrian’s death, it could make a personal injury suit against the driver much easier to allege and win.

Personal injury suits, in a scenario such as this, would seek damages for wrongful death. Wrongful death claims can seek damages for pain and suffering, lost wages and other financial and emotional strain that the victim or the family has endured or will endure. It’s possible that, had the driver not left the scene and cooperated with authorities, his negligence in relation to the accident could have been much smaller. However, when a driver leaves the scene of an accident, it changes everything.

Source: mynews4.com, ” Suspect arrested in deadly midtown hit-and-run crash ,” January 11, 2017

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