The car was driven by a woman who told police that her door flew open and that she accidentally accelerated when she reached to close it. At that point the vehicle crashed into the nearby home and struck the local teen who was standing outside in the process.
]]> It is not known at this time whether the door malfunctioned or whether it came open as a result of user error. However, even when a car malfunctions or another hazard is in the way of a driver, they have a duty to exercise reasonable care in avoiding injuries. The appropriate course of action will always depend on the specific cirumstances in a given case. In this case that may have meant slowing down to a stop in the residential area where the woman was driving before attempting to close the door.Recent reports indicate that authorities have not made a determination about whether or not to press charges, which means that more information is likely needed to determine if the woman's conduct could be seen as criminally negligent. However, the boy who was injured does not need to wait to find out if she is criminally liable, since drivers in Nevada may be liable civilly in cases where they cause a car accident because of reckless or neligent driving.
Source: Associated Press, "Sparks teen injured after car crashes into house," May 21, 2013.
]]>The current level of .08 percent still allows for about 10,000 drunk driving traffic deaths each year, according to experts. Safety advocates say that it is time to lower the legal limit and therefore lower the tolerance for even slightly impaired driving that could lead to a car accident.
]]> The National Transportation Safety Board voted on a series of recommendations to lawmakers as a result of the findings, including lowering the legal limit to .05 percent.
They also recommending that all drivers who are convicted of a DUI should have a breath test interlock device on their cars. Current state laws in most parts of the country institute interlock devices only for repeat offenders or those convicted of a felony DUI, but the NTSB says the devices should be used on anyone convicted, even if it is their first DUI.
There are many complex legal issues that arise when a drunk driver is involved in an accident that injures or kills another person. In addition to the criminal charges against them, victims can also seek compensation for the damage caused by the irresponsible behavior.
Advocates hope that lowering the legal limit would discourage drunk drivers and apprehend more potentially dangerous drivers before they are involved in a car accident where someone is hurt.
What do you think - should Nevada lower the blood alcohol content at which it is legal to drive? Or is the current level adequate to protect public safety?
Source: The New York Times, “Safety Board Considers Lowering of Legal Limit for Drunken Driving,” Matthew L. Wald, May 14, 2013
]]>"We accept humans to be faulty, but we dont' accept machines killing humans," said a spokesperson for an industry group.
Although humans have a much higher rate of error than a self-driving car, it is still hard to accept that concept if there has been a loss of life. As a result, experts are concerned that a single accident will result in a freeze of the development of self-driving cars and could take them off the road entirely.
Source: US News & World Report, "Experts: Accident Would Shut Down Google's Driverless Car Experiment," Jason Koebler, May 8, 2013.
]]>Drunk driving is not only dangerous for the driver and passengers, but for everyone on the road. Many thousands of innocent people are injured or killed in drunk driving accidents each year, yet many drivers in Las Vegas fail to take the issue seriously, insisting that they are OK to drive when they are intoxicated.
]]> Recently a local entrepreneur sought to start a company that would help solve this problem - a designated driver service. The company is retained largely by the Nevada Speedway, which has them on standby at major events to offer services to guests who are beyond the legal limit. Still, the company struggles to survive for lack of customers. The owner says that cooperation from more local companies, including the casino industry, would help raise awareness about drunk driving and could prevent car accidents and injuries that result from it.Drivers who choose to get behind the wheel when they have had too much to drink should be held responsible for their actions. There is no excuse for that kind of reckless behavior, and when they injure or cause the death of someone they should be held liable by the victim or the victim's family.
Source: Fox 5 Vegas, "Designated Drivers denied," John Huck, April 26, 2013.
]]>The most well-known of these efforts has been the texting and general cellphone bans now active in Nevada and many other states around the country. Cellphone use has been a significant source of distraction, leading drivers to take their eyes off of the road for what they think is the brief touch of a button, but which can last for several seconds or longer, resulting in a car accident.
]]> While the effort to change driver behavior is an important part of reducing distracted driving car accidents, federal safety regulators are also looking to car companies to do their part. New voluntary guidelines issued by the federal Department of Transportation ask car companies to improve dashboard electronics and interfaces to require no more than two seconds of the driver's time. This means a significantly improved user interface that won't leave drivers searching for the right button to turn down the volume or activate the air conditioning.The guidelines are also aimed at preventing cellphone use through Bluetooth systems by disabling functions while the car is in drive.
Still, even with improved safety mechanisms in cars, drivers are ultimately responsible for the choice to get behind the wheel and the subsequent decisions that could lead to a car accident. Drivers have a duty to exercise reasonable care, and that means complying closely with state laws prohibiting cellphone use and other dangerous behavior like speeding.
Source: CNN, "'Two second' safety guideline for cars of the future," Mike M. Ahlers, April 24, 2013
]]>The study was rather exhaustive, looking at 110,000 events to determine which were caused by fatigue. Often, accident studies look at police reports or insurance paperwork to determine the causes, often established by statements from the people involved in the accident. In this study, however, researchers looked at recordings of what the drivers were doing in the minutes immediately before a crash or a near-crash incident and evaluating whether their behavior indicated that they were fatigued.
]]> Drivers displayed fatigue in various ways, including drooping eyes and bobbing heads. Researchers also observed many drivers falling into what they called micro-sleep, where a driver lapses into a momentary sleep before popping back up. During these moments some drivers were observed hitting their brakes suddenly or running through red lights.Younger drivers under the age of 25 were found to spend more time in their cars than those over 25, so the study included a slightly larger proportion of drivers in that age group. Study authors at the Virginia Tech Transportation Institute said that when the results of the study are applied to the population in general, drivers who are over-tired are at a four-times greater risk of being involved in a car accident or a near miss than those who are not fatigued.
Source: Insurance Journal, "Driver Fatigue Causes 20% of Auto Crashes: Study," Susan Trulove, April 15, 2013.
Information about the rights of car accident victims can be found on our Las Vegas personal injury site.
]]>According to police, the driver collided with at least two other vehicles near an Egg & I restaurant near the Las Vegas Strip. The vehicle careened out of control and hurtled through the patio, where several diners were sitting. It was 12:30 p.m., the peak of lunch hour and there were about 150 patrons at the restaurant. The car crashed through the restaurant's front window and partially entered the restaurant before finally coming to a stop.
]]> Four people were trapped underneath, including a woman and her son. The car was partially elevated by a chair, otherwise the four could have been more seriously injured. Two girls were cut by flying glass. The nature of the other four injuries was not clear in an article about the accident.After the car stopped, the driver and passenger got out of the vehicle and attempted to flee the scene, police said. However, several bystanders stopped them and held them until police arrived.
The driver reportedly told officers that he passed out behind the wheel. Police expect him to be charged with felony reckless driving. His passenger may not face criminal charges.
If the driver blacked out like he said, whether he could be found liable for the victims' injuries could depend on whether he suffered a medical emergency. Even if he did, if it was due to a medical condition of which he was aware, he could still be found negligent if he failed to take proper precautions, such as taking medication or not driving in the first place.
Source: Huffington Post, "Car Crash Into Egg & I Restaurant In Las Vegas Seriously Hurts 10 People," Ken Ritter, April 1, 2013
]]>Police administered a breath test which indicated that the man was intoxicated beyond the legal limit. He sustained only minor injuries during the ordeal and luckily no innocent bystanders were hurt in this drunk driving car accident.
]]> However, the damage to the home does appear to be substantial. Drunk drivers who cause accidents and injuries must be held responsible for the costs associated with the accident. This includes medical expenses and other related costs for any people who are injured, in addition to being responsible for the property damage. In this case, the damage to the home appears to be quite extensive, having damaged the kitchen area of the house, and may take a lot of time and money to repair. Even though the owners of the home may have an insurance policy that could cover some of the costs, the driver is still responsible for all of the damage either personally or through his insurance policy.Source: WHOTV, "House Crash: Drunk Driver Hits Nevada House," Jannay Towne, April 1, 2013.
Find more information about the rights of drunk driving accident victims on our Las Vegas auto accident page.
]]>Many readers have heard of using stem cells in treatments like this, but the new trial is working with a different type of cell, known as a Schwann cell, which is found in the nervous system.
]]> After strokes, injuries are the second leading cause of paralysis in the United States. Severe car accidents often lead to spinal cord injuries as a result of whiplash or other major impacts, and the resulting harm could have long term effects on victims.Groundbreaking new studies like these gives people who have suffered from injuries in car accidents new hope for recovery, but aggressive treatments and multiple surgeries can also be extremely costly. Medical expenses can add up for the treatment itself along with other costs such as time away from work, rehabilitative therapies, modifications to one's home to accommodate a disability, among other things.
The long term nature of recovery from a spinal cord injury can make it difficult to accurately estimate the total costs in the aftermath of an accident. This is one reason why many accident victims choose to work with an experienced attorney who can work with other experts to come up with an accurate and complete picture of the financial harm that was caused and will be caused by the injuries.
Source: Sun Sentinel, "Doctors seek new subjects after first successful cell transplant," Diane C. Lade, March 14, 2013.
Information about accident victims with spinal cord injuries can be found on our personal injury site.
]]>The lawsuit that was recently heard by the Court of Appeals was over a new version of the current regulation which would require truck drivers to be off of the road for two nights in a row. The rule specifies that the "nights" must be between 12 a.m. and 6 a.m., which the industry says is too rigid of a standard and would require drivers to spend more time stuck in traffic.
]]> One of the judges hearing the case seemed to reject the trucking association's argument, saying that the court's role was only to make sure that federal regulations were not "irrational".Here in Nevada, driver fatigue truck accidents are all too common. Nodding off or losing focus for even one second while driving a semi-truck or other oversized vehicle can cause the driver to lose control, which in turn puts everyone on the road around them at serious risk. Federal safety regulations are designed to limit exhausted drivers on the road by requiring that even when they are in a hurry to get to their next location, that they rest adequately and don't become too fatigued. Drivers who violate relevant safety regulations may be liable, along with their employers, for the injuries they cause.
Source: Bloomberg, "Trucking Industry Says Fatigue Rules Based on Bad Data," Tom Schoenberg, March 15, 2013.
More information about the rights of driver fatigue accident victims can be found on our Nevada trucking accident page.
]]>This case caught the attention of many concerned Las Vegas residents because of the shooting that was involved. The taxi driver died as a result of the car crash, however, not the shooting. The lawsuit alleges that the driver who is suspected of shooting the gun was negligent in causing the car accident by failing to drive in a reasonable safe manner. The shot that the suspect allegedly fired injured and killed the driver of second car, which in turn crashed into the taxicab, leading to the death of the man in this case.
]]> The attorney representing the family said that they are considering naming more defendants along with the suspect, including the company that owned the car driven by the suspect, the hotel where the dispute began, and the company that manufactured the taxi that the man was driving.This case involves a complex set of events that led to the death of the man's father, which police say may have started in the valet parking area at the Aria hotel. In cases where the negligent actions of multiple people culminated in a single injury or death, the family of the victim can hold all of the parties jointly responsible and leave it to the jury to allocate fault among them.
The families of wrongful death victims can seek compensation for the pain and suffering caused by the loss of their loved one along with other types of damages caused by the negligent or reckless behavior.
Source: Las Vegas Sun, "Cab driver's son files lawsuit over father's death in Strip shooting, crash," Jackie Valley, March 5, 2013.
More information about the rights of car accident victims can be found on our Las Vegas personal injury page.
]]>The most recent fatal motorcycle accident in Las Vegas happened last Monday morning around 9:30 a.m. on US 93. Authorities say that a 64-year-old motorcyclist died when he attempted to pass a turning Chevrolet Tahoe.
]]> The motorcycle ultimately clipped the Tahoe's rear bumper and the motorcyclist fell off of his bike. The motorcyclist was pronounced dead at the scene of the accident around 1 p.m. that afternoon. It is unclear if the motorcyclist was dead shortly after the impact or if emergency crews attempted to revive him at the scene.It is also unclear whether the motorcyclist was wearing a helmet at the time of the crash. Helmet use is not a guarantee that a motorcyclist will survive a crash such as this one but helmets have been shown to lessen the likelihood that surviving motorcycle accident victims sustain traumatic brain injuries.
There were three people in the Tahoe at the time of the crash but none of these individuals suffered personal injuries.
Source: KTNV, "Motorcyclist killed in Monday morning accident on U.S. 93," Joyce Lupani, April 12, 2012
]]>"The increased incidence of accidents over the years closely corresponds to documented rising popularity of auditory technologies with headphones," a researcher said.
]]> Researchers looked at 116 pedestrian accidents involving trains and cars. Researchers found that 70 percent of the accidents were fatal and that two-thirds of the victims were young males under the age of 30.The study began after the death of a teen that was jogging with headphones. The teen's music was so loud that he did not hear or notice an oncoming train, which fatally struck him.
Researchers say that over half of the drivers involved in the pedestrian accidents that they studied reported honking before impact. Researchers see their study's findings as an opportunity for parents to stress to teens and other children the importance of being alert when moving vehicles are present. Drivers should also exercise extra caution around headphone wearing pedestrians and slow down to avoid hitting these often distracted walkers and joggers.
Source: USA Today, "Study: More headphone-wearing walkers hit by cars," Chris Woodyard, Jan. 17, 2011
]]>The Insurance Institute for Highway Safety recently issued a study advocating for the adoption of these devices. The hope is that the widespread adoption of ignition interlocks will help reduce the number of serious Las Vegas drunk driving car accidents.
]]> "An interlock law that covers all people convicted of DUI reduces recidivism by 11-12 percent," said the chief author of the IIHS study. "We found that the higher the rate of interlock installations, the lower recidivism would be."Ignition interlocks work by giving a driver a breath test before allowing the car to start. If the driver's blood-alcohol level is above the device's preset level, the driver will be unable to start the car.
The interlock devices help prevent deadly drunk driving car accidents, which are often caused by repeat drunk drivers. According to the National Highway Traffic Safety Administration, DUI crashes killed 10,228 people in 2010 and injured many more. NHTSA statistics indicate that the likelihood of a deadly crash increased with every incremental rise in a driver's blood-alcohol content.
The national president of Mothers Against Drunk Driving said that she isn't surprised by the IIHS study's findings.
"This study shows what we've known for several years - ignition interlocks work," the MADD president said. "That's why it's so important to require all convicted drunk drivers to use these lifesaving devices."
Source: USA Today, "Safety group seeks ignition interlocks for all DUI offenders," Larry Copeland, March 6, 2012
]]>Two serious bus accidents have been linked to this problem, killing two people and injuring about 50 others according to the NHTSA. There are about 4,000 buses which may have the potentially serious defect.
]]> The federal probe into the busing company began when the parent company of Greyhound Bus Lines made a formal complaint to the NHTSA. Greyhound said that the shafts in the buses that it bought did not have sufficient safety loops to hold up drive shafts, causing several shafts to fall.An investigation by state officials in Texas indicated that the drive shaft likely fell before the driver lost control of one Greyhound bus near San Antonio, flipping it over. Testing done by Greyhound's parent company found that falling brake shafts can cause serious issues such as brake failure. Brake shafts can also snag on the road and cause a bus to flip.
The NHTSA says that its investigation is ongoing and that no recall has been issued yet.
Source: San Francisco Chronicle, "Feds probe bus defect that may have caused crashes," Tom Krisher, March 26, 2012
]]>