Las Vegas Injury & Accident Attorney Blog

Headlines from the daily newspapers to the pages of our Las Vegas personal injury attorney blog are continuing to cover the Amtrak crash last Friday in northern Nevada that killed six and injured some 20 passengers. As new details emerge about this tragic Nevada train accident, it begins to seem as if this tragedy was not so much a freak accident as it was a disaster waiting to happen.

Earlier this week reports emerged that the driver of the vehicle involved in the Nevada semi-truck accident had at least three traffic citations for speeding issued while he was working as a school bus driver. Initial investigations indicate that the tractor trailer was moving at or even in excess of the 70 MPH speed limit until immediately before the crash. A team of accident investigators from across the country is collaborating to recreate the scene and determine if the driver might have been engaging in distracted driving in the moments before the crash. The national train company Amtrak filed a suit against the trucking company whose driver caused the accident alleging that J0hn Davis Trucking company had failed to adequately train its employee in safety procedures and safe practices.

Other reports have suggested that the environment was as much as a factor in the crash as the driver’s actions. Regular Amtrak conductors report that the crossing in Trinity, Nevada where the crash occurred is the scene of numerous near-misses every year. The tracks cross a flat highway and although there are warning lights and crossbars the monotony of Nevada highways is all too often a cause of inattentiveness that leads to Nevada motor vehicle accidents. It is conceivable that the families of those killed in this accident could bring Nevada wrongful death lawsuits against the state and federal authorities in charge of regulating the highway and the railroad crossing for failing to design an adequately safe crossing.

This tragic accident has been a wake-up call in many ways to a society that takes train travel greatly for granted. Although it is a romantic and fuel-efficient means of transportation, rail travel is not without its hazards and this incident makes that point in a tragic way. If you have legal questions and need honest answers, contact us today for a free consultation.

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The Nevada train accident that occurred outside of Fernley last week has grabbed national headlines in part because it involved not only a semi-truck but also the nationally known common carrier Amtrak railway line. As investigations continue, new details are emerging about the scene of the accident and the history of the trucking company involved that make it more likely that this was not a case of human error but rather a tragic outcome in a systematic failure to control quality and safety.

You might be thinking that human error must have played into this horrible Nevada motor vehicle accident, and the investigations very well may prove you right. But there is a difference between what we normally think of as “human error” — a fluke, a random tragedy that could not have been prevented, an unfortunate failure at the hands of an imperfect person — and what seems to have happened in this case. Investigators are still trying to determine how responsible the driver was, but already reports suggest that the Nevada trucking company for which he worked had a tendency to emphasize profits over proficiency in its work.

The John Davis Trucking company, whose driver caused the accident, has been cited multiple times in recent months for significant safety infractions. These violations have included Nevada big rigs with dangerously inadequate maintenance records to actual automobile accidents where John Davis employees have been deemed at fault. It is common in the commercial trucking industry for company executives to pressure drivers to drive longer trips at faster speeds than are permissible by regulations in order to make more money for the company, even when this puts the drivers and other innocent motorists at risk of serious injury. In the likely event that investigations reveal that the at-fault driver was acting irresponsibly, breaking regulations, or was improperly trained the John Davis company can expect to face Nevada wrongful death litigation.

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Investigations continue at a rural railroad crossing in northern Nevada that was the site of a deadly Nevada train accident on Friday. An Amtrak locomotive collided with a tractor trailer and caused a gruesome accident that killed the truck driver, the train conductor, and at least four passengers. Some 200 passengers are reportedly injured and a handful are still unaccounted for days after the accident.

Federal officials with the National Transportation Safety Board (NTSB) say that there are some 100 locomotive accidents in the United States every year, and there have been 28 reported accident incidents and personal injuries at Nevada railroad crossings in the last ten years. Three of these accidents resulted in fatalities. Many such tragedies occur at unmarked crossings where passenger vehicles come upon the tracks without warning, but the site of the crash last week had no reported history of Nevada locomotive crashes.

As horrific as a tragedy like this is, untangling the legal issues involved can be just as ugly. These crashes often involve serious injuries that can carry massive medical expenses and re-victimize crash survivors by placing them in the middle of a high-stakes legal battle. Surviving family members of those killed in common carrier accidents must weigh the benefits of a Nevada wrongful death lawsuit against the pain of reliving the accident and placing a monetary value on an irreplaceable loved one. For experienced guidance during the dark days after a locomotive crash, contact our team of Nevada train accident lawyers for a free consultation.

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As the Las Vegas readers of our Nevada accident and injury blog already know, summer is upon us. Actually, at this point our followers from Pahrump to Pyramid Lake are also feeling the heat now that an unusually long cold spell has snapped and temperatures have shot into the low 90s throughout northern Nevada. For many residents of the Silver State, it is the summers that keep them here even as our state has suffered more than its share of economic and other woes.

The long, warm days of summer foreclose opportunities for winter sports (as well as the attendant risks of ski and snowboard accidents) but open up many other doors for active Nevadans. As we turn with hopeful thoughts to welcome another summer’s gifts, a series of summertime unsafe product recalls threatens to dampen the joy we’ve awaited all winter long.

First on the list is a troubling report about the quintessential summertime destination: the public swimming pool. The Consumer Product Safety Commission has ordered the recall of some one million swimming pool drain covers designed for large and public-size swimming pools. It is thought that tens or even hundreds of thousands of public pools may have to close as the summer kicks off in order to replace these faulty drain covers, which safety advocates warn may not be properly designed to prevent unsafe levels of suction that can put small children at risk of being tugged below the water’s surface. Drain covers affected by the recall are those that were subjected to flawed laboratory testing.

The hope is that this recall will prevent any serious injuries or tragic deaths at public swimming pools. But it does not take a lot of imagination to visualize the possible Nevada drowning accidents that could result if action is not swift enough. In such a case, we would expect to see multiple Nevada wrongful death lawsuits taken not only against the entity that operated the swimming pool but also against the manufacturer of the faulty drain and possibly against its installers or maintenance staff. This multipronged approach might seem excessive or scattershot to an untrained audience, but the reality of civil litigation is that accident victims seeking meaningful compensation for their Nevada personal injuries must act with caution and strategy to ensure that they can rebuild their lives.

The other recalled products also threaten the well-being of our children this summer. Several models of Zooper strollers (Flamenco, Tango, Twist, and Waltz) that were sold in the last two years with an optional armrest and snack tray. Unfortunately, a design flaw creates a risk of strangulation and suffocation if an unrestrained child slips his or her neck behind this apparatus. And the hallmark of the summertime sleepover — the bunk bed — is facing infamy in the form of a recall alert for several hundred wooden frame beds. Until owners send away for and utilize a repair kit, they are advised to de-bunk the stacked beds to avoid possible falls from the upper bunk. There is a risk that the wooden railing can break and leave a child occupant unrestrained from a fall that could result in a serious spinal cord injury.

If your child has been harmed by one of these or the many other defective products on today’s shelves, contact our Las Vegas defective product attorneys for a free consultation.

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A major metropolitan police force is attempting to defend itself against allegations that it failed to prevent the death of a woman who had been a regular complainant in domestic violence cases. If those bringing the wrongful death lawsuit prevail in court, the decision could reshape the way law enforcement handles situations in which one party claims that his or her life is in jeopardy.

The case in question is a tragedy, regardless of where the blame ultimately lies. The beaten body of a 52-year-old woman was discovered stuffed into a suitcase that was found floating in the San Francisco Bay. The woman was ultimately identified as the mother of an area music artist who he described as “was black, homeless, disabled, chemically addicted and a senior citizen.” Because of her social status, her son claims, her cries for help were ignored by the police.

Family members have brought a civil suit against the San Francisco Police Department, alleging that the police force failed to act upon its duties to protect her from an obvious threat. Generally, Nevada wrongful death lawsuits seek to impose civil penalties on persons or companies that acted — or failed to act — in a way that caused or failed to prevent the untimely demise of another person. These civil actions are common in Las Vegas motor vehicle accidents.

The core of Nevada wrongful death lawsuits is twofold: (1) establishing negligence or wrongdoing and (2) attaining a Nevada jury verdict that rights the wrongs. These judgments frequently include damages for pain and suffering, emotional loss, and lost wages. These two parts often require different strategies, and that is why choosing experienced legal counsel is so important. Contact us today for a free consultation so we can answer your legal questions about pursuing a Las Vegas wrongful death lawsuit.

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Northern Nevadans were shaken to learn of two accidents last week that diminished public confidence in the safety of commercial and municipal vehicles on the road. Three fatalities and one serious injury resulted from these two crashes, one in urban Reno and the other occurring on a lonely portion of Highway 50 near Fernley. As we will examine next, these crashes highlight the unique legal issues of commercial entity liability.

A week ago today, a 45-year-old woman who was riding her bike onward through a busy intersection was struck and killed by a Waste Management truck that overtook her and struck her as it made a right turn. Investigations of the crash have so far concluded that alcohol and speeding were not factors in this Nevada automobile accident but simply that the driver was negligent in not properly checking in the large garbage truck’s blind spot.

The other accident was even more bizarre. Two women were stopped on the side of Highway 50 Alternate in northern Nevada, possibly reviewing a road map Monday morning. A Nevada Department of Transportation (NDOT) truck that was doing striping work on the highway apparently left its intended path and struck the pickup truck parked on the shoulder. One of the women — both were in their 50s from Texas — was pronounced dead at the scene, and the other woman succumbed to her significant personal injuries later that day in the hospital. The 61-year-old driver of the NDOT truck was also hospitalized with minor injuries.

Investigations into these cases are ongoing, and anyone with information on these cases is encouraged to contact the appropriate authorities. Our office is saddened to hear of these tragic and seemingly avoidable losses of life. Whenever there is a Las Vegas car accident involving public vehicles, we are available to help victims and survivors understand their legal rights and options for redress.

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The scope of recent unsafe product recalls makes evident the cost of our consumer society. It is great having stores full of gizmos and gadgets, and these products frequently make our lives easier, give us a new way to entertain ourselves, or even enrich our experience of things we have always done. But the story of imported goods is not one without its dark chapters, as recent recalls show.

We will begin with the young: coming on the heels of other recalls of defective child car seats and other child products comes a new recall affecting the American Girl Crafts Jewelry Kit. This toy fosters creativity by giving aspiring jewelry-makers a wide range of components to make necklaces, bracelets, and more. But at a cost of just $20 for dozens of pieces, costs had to be cut somewhere. As the Consumer Product Safety Commission warns in its report, the flaw lies in the paint used to color the brilliant pieces — it contains levels of lead higher than those permitted by CPSC regulations. Parents are advised to confiscate all remaining pieces and finished products from this toy and contact the manufacturer for a refund.

Product recalls are not just kids’ play, however. Another recall is making the rounds that targets some 1,400  air exchangers produced between 1996 and 2001. Now ten to fifteen years old, the motors in these machines has reportedly overheated in at least nine cases and caused fires resulting in property damage and serious personal injuries. These air exchangers were produced by the Venmar company and are likely in use in dozens of Nevada homes to improve climate control systems. Although these products are used by all kinds of households, air exchangers are popular among sedentary, elderly consumers for whom climate control is especially important and home comfort is at a premium. Air exchangers also offer the benefit of being able to close up a house’s windows without losing air flow, which keeps pollens and other irritants out of frail respiratory systems.

Our Nevada defective product lawyers monitor CPSC reports and spread the word to consumers about possibly unsafe products. You can protect your family by keeping a close eye on these alerts. If you suspect that there is an unsafe product in your home, contact us for a free consultation for more information about your legal rights.

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We have written with some frequency on our Las Vegas accident and injury news site about what families can do to pursue civil action after the preventable loss of a family member to another individual’s negligence or wrongdoing. Common examples include lawsuits that would be filed on behalf of surviving family members of mine workers lost in a Nevada mine collapse, or the parents of a child killed due to the malfunction of an unsafe toy or defective baby car seat. This week, the tragic story of a man killed while driving home sheds light on another type of Nevada wrongful death scenario.

In this sad case, a 58-year-old husband and father was killed when his motorcycle struck the rear of a sedan that had turned left in front of him on a portion of the Pacific Coast Highway. The driver of the sedan — a young woman of 17 years of age — had mistaken a green light at the traffic signal for forward-moving traffic as a right-of-way for her to make a left from the highway onto a smaller street. The motorcyclist — also seeing a green light — acted with right-of-way as well and was unable to swerve away from the motor vehicle accident that killed him.

In cases where a person is killed in an automobile crash that is not his or her own fault, other entities are pursued for wrongful death action. Where there is evidence that a vehicle malfunction is to blame, legal action may be brought against the car manufacturer  for unsafe product liability. Where another driver was at fault, a civil suit may target that person’s wrongdoing. But in this case, a young, inexperienced driver made a reasonable interpretation of a dangerously ambiguous situation. The lawsuit pursued by the surviving wife and child of the deceased motorcyclist placed the blame on municipal traffic officials for failing to invest in traffic controls that could have prevented this and two subsequent accidents. The intersection in question had been the site of a large number of accidents out of proportion with the level of traffic it gets.

If you have lost a loved one in a Nevada motorcycle accident or other car crash, contact us today to learn about your legal options. No two cases are the same, but what all families deserve is the chance to have their wrongs righted and their lives set back on track. Call us today for an appointment.

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In our conversations about healthcare in the United States, we tend to focus on access to care: Who should be insured? At what personal cost? What medical services should be provided? One thing we tend to take for granted is the quality and safety of these medical interventions, but this is an assumption we make at our own peril. A new wave of Nevada product liability lawsuits is focusing on major medical devices that appear to have been rushed to market, to the detriment of hundreds of users.

This August will mark one year since DePuy Orthopedics — a division of health-and-beauty giant Johnson & Johnson — issued a massive product recall for thousands of its ASR artificial hip implants. Synthetic hip implants are designed to simulate the hip socket that holds the ball of the femur bone in place while permitting it to rotate. As a person ages out of middle age and begins considering options such as transitioning to a Nevada assisted care facility, the hip joints are often among the first to wear out and make movement difficult or painful. The ASR device attracted thousands of eager users by promising an industry-leading 15-year lifespan, but hundreds of elderly patients endured painful implant surgeries only for these devices to fail or need replacement within five years.

Failure rates for the ASR were two to three times higher than is common for these devices (sometimes known as “critical implants”), with approximately one out of every six requiring replacement or secondary surgery. The most common problem is the product’s tendency to shed tiny particles of metal that intoxicate surrounding muscle and bone tissues and leave large dead areas in the upper thigh. To be clear, investigations have determined that these symptoms were not related to unsound installation or other medical malpractice — the devices themselves were defective. Patients were treated with bad medicine.

Critics blame a flawed regulatory system for this latest round of Nevada medical device injuries. Unlike in the pharmaceutical industry — where patent laws prevent copycat products and approval by the Food and Drug Administration requires clinical trials — medical device manufacturers can circumvent the toughest scrutiny and testing by incorporating new technologies into older, proven designs to take advantage of a fast-track  loophole. Observers say the FDA should end this workaround and create an orthopedic registry that could better track medical device failures. Other countries have successfully implemented these reforms to make patients safer without limiting new, helpful, and safe developments in medical technology.

If a loved one received an ASR hip implant and now suffers from increased pain, seek medical attention to determine if the device may be degrading within the person’s body or otherwise failing. If you discover that this is the case, contact us for a free consultation about seeking compensation for the medical device injury.

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