Articles Posted in Car Accidents Lawyer

Published on:

Walk This Way

Pedestrians walk past a "Look!" sign on the crosswalk at the intersection of 42nd St. and 2nd Ave. in New York, Thursday, Sept. 20, 2012. Crossing the street in New York City is complicated: Even when it's one-way, you should look both ways, and stop texting for a few seconds. That’s what city transportation officials tell pedestrians who often miss getting hit in the chaotic every-which-way-including-loose mill of vehicles, bicycles, scooters and sometimes, carriage horses. They’re making their point visible with “LOOK!” signs stenciled at 110 of the most dangerous intersections in the city’s five boroughs. (AP Photo/Seth Wenig)
As a nation we are facing an epidemic, pedestrian fatalities. Every  day in America there is an accident involving a driver and a pedestrian, some of them resulting in a fatality. Walking, sitting at a bus stop, riding your bike, or even just standing in a public place puts you at risk for being involved in an accident.

According to the article below, this is a national problem:

Published on:

images
Social Media, Helpful or Hurtful? 

Most  Americans LOVE their social media. Chatting, tweeting , and posting has become apart of our everyday lives. We are all aware that whatever we post, tweet and chat about stays forever in the internet. Our words, pictures and videos are a permanent imprints that can be found and used to help or hurt us at any given time. Social media is like a delicate ball, you can play with it and have a great time but given the right circumstances/situation your delicate ball can shatter. Your post about you being charitable, or your cute kids at their school recital can attract good and positive feedback. What about a picture of you shooting, horseback riding, fishing and other activities with friends? See how posting pictures of these harmless activities can have serious consequences.

Below is an excerpt from a Nevada Justice Episode 10:

Published on:

Car accidents are a common occurrence in the state of Nevada. Knowing these 5 simple and  proper steps may save you time and money in the long run. Here are a few things you should know and do if you or a loved one is involved in a car accident:

OLYMPUS DIGITAL CAMERA
1. The first thing you should do is see if anyone is injured. If so, call medical help immediately.

2. If you or someone in your vehicle is injured in the automobile accident it is important to preserve evidence while at the scene. If you are the one to make that 911 call, remember that 911 call is going to be recorded. It will be archived at Metro and it will be accessible to both parties later on if you or the other party seeks legal counsel. If you get into an accident and you’re not at fault ensure you take steps to preserve your case. Most people in these types of circumstances don’t understand that they need to think and act quickly. Remember you have just been in an accident so you are not thinking or acting like your normal self.

Published on:

A recent decision from the United States District Court for the District of Nevada held that a car insurance policy’s definition of “bodily injury” included emotional injuries and could thus be applied to emotional distress claims.

In Brewington v. State Farm Mutual Auto Insurance Co., the plaintiff filed a complaint against State Farm for breach of contract, arguing that State Farm breached its insurance policy by denying her coverage for her negligent infliction of emotional distress claim. State Farm argued that it did not breach the insurance policy because emotional distress does not qualify as a “bodily injury” and did not arise “in the accident” as required under the policy.
Continue reading

Published on:

According to an article from the Las Vegas Review-Journal, fatal car crashes in Southern Nevada have dropped significantly during the first half of 2014. Last month, Lt. Dave Jacoby said during a Southern Nevada Traffic Safety Committee meeting that fatal vehicle crashes have dropped by nearly 20% as compared with the same point in 2013. Additionally, drunken driving arrests have fallen by about 25%, and fatal car accidents involving drunken drivers have decreased to just eleven alcohol-related fatalities, as compared with fifteen in 2013.

As reported in a study done by the Nevada Strategic Highway Safety Plan, 363 people lost their lives and 816 were seriously injured in impaired-driving crashes on Nevada roadways between 2008 and 2012. Male drivers aged 26 to 35 were involved in most impaired driving fatalities and serious injuries, followed by young male drivers aged 21 to 25. The highest proportion of impaired driving fatalities and serious injuries occurred during weekends. The study also found that 69% of fatalities and 83% of serious injuries occurred on urban roadways as opposed to rural ones.
Continue reading

Published on:

According to information from various reports by the Las Vegas Sun, several traffic accidents have plagued Las Vegas in February, some resulting in serious injuries or death to drivers, passengers, and pedestrians.

For example, the Las Vegas Sun reported that on February 8 and 9, three people were killed in separate car accidents. On the 8th, 39-year-old Norman Beavers was killed when he was struck by a vehicle while walking in the crosswalk on Las Vegas Boulevard. The police located the hit-and-run driver and arrested him in connection with Beaver’s death. On that same day, 21-year-old Trenton Cain Gleaton died when his motorcycle crashed into a light pole on Oakey Boulevard, causing the motorcycle to catch fire and engulf Gleaton in flames. On the 9th, 42-year-old Nneka S. Geter-Easterling was involved in a three-vehicle collision at an intersection on Tropical Parkway. She was killed when a pickup truck crashed into her vehicle, causing it to spin and hit another vehicle. The accident also caused Geter-Easterling’s two teenage passengers to suffer severe injuries.
Continue reading

Published on:

After three opinions from the Nevada Supreme Court, a case involving a motor vehicle accident that resulted in multiple deaths and injuries finally appears to have come to a close, but not without setting some significant precedents.

In Bahena v. Goodyear Tire & Rubber Company, the plaintiffs were family members and friends who were traveling together in a single vehicle when the left rear tire of the vehicle, manufactured by Goodyear, separated from the vehicle. The event caused the vehicle to roll over multiple times, killing three people, and injuring seven other passengers. The injuries included a closed-head injury to a teenage boy, sending him into a persistent vegetative state.
Continue reading

Published on:

Initial data from the Nevada Department of Transportation (“DOT”) shows that traffic-related fatalities in the state have decreased substantially over the past few years. In 2006, 432 deaths were caused by accidents involving motor vehicles. By the close of 2013, the annual figure had dropped to 259 deaths – three less than in 2012.

A comparison of the DOT’s data between 2012 and 2013 is encouraging in some respects, but troublesome in others. For example, alcohol-related deaths declined from 93 in 2012 to 63 in 2013, a decrease of 32%. However, pedestrian deaths increased by 11.86%, motorcycle fatalities increased by 34%, and deaths involving bicycles climbed by an alarming 133% since 2012.
Continue reading

Published on:

Under Nevada law, a driver who has been involved in a car accident is required to stop and remain at the scene of the accident until he has provided certain information and rendered aid to any person who may have been injured in the accident. NRS 484E.010. If the accident resulted in bodily injury or death, a driver’s failure to comply with these statutory requirements is a felony.

The Nevada Supreme Court recently had the opportunity to review this hit-and-run law in Clancy v. Nevada. In that case, Barry Robinson was operating his motorcycle on Interstate 15 in Las Vegas when an SUV merged in front of him and struck the front of his motorcycle. The contact caused Robinson to lose control of the motorcycle, and he and his passenger fell off and were injured. The motorcycle hit the center divider, skidded across the freeway, and stopped in the emergency lane. A witness traveling in front of Robinson observed the SUV hit the motorcycle and then accelerate, and saw the driver of the SUV looking in his rearview mirror and over his shoulder at the crash behind him. The SUV then exited the freeway at the next exit but did not stop.

The witness called 911 and reported the accident, and provided the 911 operator with the license plate of the SUV. The SUV belonged to Benjamin Clancy, who was also later identified as the driver of the SUV at the time of the accident. Clancy denied having any knowledge that an accident occurred.

Clancy was charged with leaving the scene of an accident. At trial, he offered expert testimony through an accident reconstruction specialist who opined that, based on the reasonably minimal damage to and markings on the rear of Clancy’s SUV, there was no evidence of a collision between the SUV and Robinson’s motorcycle. The Nevada jury returned a guilty verdict convicting Clancy of the felony.
Continue reading

Published on:

When a car accident causes a fatality, it can be uncomfortable to place blame on the deceased. But in a wrongful death lawsuit claiming another person negligently caused a motor vehicle-related death, juries are asked to assess the comparative negligence of the victim as part of its liability determination.

In Las Vegas Metropolitan Police Department v. Yeghiazarian, the Nevada Supreme Court clarified what evidence a jury may hear to assist them in their comparative negligence assessment. In Yeghiazarian, Raymond Yeghiazarian attempted to take a left turn at a permissive green light in his vehicle. At the same time, Officer Wicks, a Las Vegas police officer, was traveling toward Raymond on the opposite side of the road. Officer Wicks did not have his cruiser lights activated, but was traveling at a rate between 58 and 74 miles per hour in a 45 mile-per-hour zone. Raymond apparently did not realize how quickly Officer Wicks was approaching, and was unable to clear the intersection in enough time to avoid collision with the cruiser. The collision caused Raymond to suffer severe internal injuries and trauma to his brain stem, and sent him into a coma. He died three weeks later.

Raymond’s family brought a negligence lawsuit against the Las Vegas Metropolitan Police Department (LVMPD). To suggest that Raymond may have been intoxicated at the time of the accident, the LVMPD wanted to offer evidence at trial that, according to a blood sample drawn from him several hours after the crash, Raymond had a blood alcohol content level (BAC) of .049%. If the jury accepted that suggestion, it could have used it to find a greater degree of comparative negligence on Raymond’s part, and thus proportionately reduced any award of damages to Raymond’s estate and family.
Continue reading