There are many possible causes of Nevada car accidents
On Behalf of Bradley, Drendel & Jeanney • May 04, 2017
Nevada residents like their cars. Like many people in the U.S., especially those in Western states, many Nevadans see their motor vehicles as a symbol of freedom and independence. They can also be an extension of a driver’s personality, from the sleek, fast sports car, to the dependable battered pick-up truck. Unfortunately, this penchant for hitting the roads comes with a price; with more vehicles driving around, there is a larger chance of a Nevada resident being involved in a car crash.

There are many potential causes of car accidents. From factors beyond the control of individual drivers, such as bad road design, stray animals in the roadway, poor weather conditions, and defective automobiles, to those in which some drivers engage, such as speeding, drunk driving, or fatigued driving. The creation of the circumstances in which an accident occurs can be numerous.

One factor that has gotten much attention over the last several years is that of distracted driving. While most often associated with texting or other cell phone use, just about any activity that takes a driver’s attention away from the road can be a dangerous distraction. Eating, applying make-up or even playing a radio loudly and singing along can divert a driver, for precious seconds, from his or her task of navigating the roads safely.

Because injuries suffered in Nevada car accidents can be life-altering, those who have been hurt due to another’s negligence may have the right to legal compensation. Those in such a situation may want to consider employing an experienced personal injury attorney. From knowing the rules of evidence to having dealt with esoteric concepts such as ‘ negligence per se ,’ the attorneys at Bradley Drendel & Jeanney may be able to steer a case to a favorable completion. Our law firm’s website has more information about our staff, and about personal injury legal topics.

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‘CMV’s subject to regulation to try to prevent truck accidents
On Behalf of Bradley, Drendel & Jeanney • Apr 27, 2017
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.

Before getting into how these regulations work, however, one needs to consider to which types of vehicles they apply. Basically, to be regulated by the FMCSA Hours of Service regulations, a vehicle has to be involved in interstate commerce, and be a commercial vehicle by the agency’s definition. This definition includes vehicles that weigh over 10,000 pounds or are designed to carry nine or more passengers for pay, or 16 or more passengers for free, or transport some type of material that is considered ‘hazardous.’

Vehicles that meet the above definitions may be subject to the federal rules and regulations set out by the FMCSA. It should be remembered that states like Nevada may have their own rules and regulations that apply to trucks operating on state roadways. Even with these federal and state rules, however, commercial vehicles remain dangerous to other drivers due to their handling limitations and sheer size.

Truck accidents can have devastating consequences for, and cause serious injuries to, those involved. When a trucking company is not following the rules, those injured may have a claim against that entity for damages.

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What is ‘negligence per se’ in a Nevada drunk driving accident?
On Behalf of Bradley, Drendel & Jeanney • Apr 20, 2017
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.

This is due to the legal concept of ‘ negligence per se.’ Per se is a Latin phrase meaning “in itself.” In legal cases, a plaintiff normally would have to show evidence of a duty, breach of that duty, causation and damages to recover under a negligence theory. However, when an individual has been convicted of violating a statute, such as the one against drunk driving, this process can get a little easier. As long as the victim is the kind of person meant to be protected by the criminal law, violation of the criminal statute can be considered evidence of negligence as a matter of law.

Because drunk driving statutes are generally meant to protect other people on the roads from intoxicated drivers, a drunk driving conviction will usually fit this definition when an accident has been caused by the drunk driver. Of course, even in these cases, the victim will have to show he or she was injured and that such was caused by the defendant. Because this area of the law can be complicated, those who have been hurt in a drunk driving accident may wish to consider contacting an experienced Nevada injury lawyer.

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Who is most likely to suffer Nevada spinal cord injury?
On Behalf of Bradley, Drendel & Jeanney • Apr 06, 2017

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What is duty and breach in a Nevada motorcycle accident?
On Behalf of Bradley, Drendel & Jeanney • Apr 14, 2017
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.

Sometimes, however, there may be other parties that owed a duty. Perhaps a municipal government that knew about a dangerous road condition but abrogated its duty to the public by not acting in a timely manner to repair it or warn motorists about it. Or, an employer might have a duty to others to ensure that its vehicles are well maintained and its employees are sober and not too tired to drive.

Because whether a legal duty existed is generally a question of law rather than fact, a Nevada judge will usually determine if a defendant owed a duty to a plaintiff in any given situation. The question of whether a duty was breached, however will usually be decided by a jury, if there is one. Those with questions about how a motorcycle accident negligence case might work may want to consider contacting an experienced lawyer.

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Hit and run driver allegedly responsible for Nevada accident
On Behalf of Bradley, Drendel & Jeanney • Mar 29, 2017
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.

While it is not reported what injuries the cyclist suffered, any time a motor vehicle hits a bicycle, there is the potential for devastating injuries. Further, in this case, there was the potential for another crash involving the alleged perpetrator and the witness who followed him. Hit and run accidents can be especially difficult for injured victims, as not only do they not get to confront the person who hurt them, but it makes it more difficult to pursue legal compensation from an unidentified individual who caused injury.

The injuries that are possible in any kind of car accident can range from minor to life-altering. When the cause of such injuries is the negligence of another individual, such as a drunk driver, the victim can pursue compensation to help defray costs incurred due to the incident. Experienced personal injury attorneys in Nevada can help victims investigate and identify responsible parties, and initiate legal action to help the victims get compensation.

Source: foxreno.com, ” Tahoe hit and run suspect arrested with help from witness ,” AP, March 22, 2017.

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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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