Question: My son was in a motorcycle accident in 2008. He passed away at the scene. His girlfriend was on the motorcycle at the time and survived. She has since hired an attorney and they found the driver of the car partial at fault. Is there any recourse that I as his mother can take ?

Answer:  Sorry to hear about your loss.  I too have a motorcycle, and the darn thing is dangerous–but so are the drivers that are on our roads.  The issue presented in this case for potential recovery on your son’s behalf deals with the doctrine of comparative negligence and the law of joint and several liability.  If your son was more than 50% at fault, you (as the heir) can’t make a claim in Nevada. However, if your son was 50% or less at fault, he can make a claim for his damages–which are huge because he passed away.

Most of the time motorcycle accidents are caused by the negligence (carelessness) of the other driver, however, their are always exceptions.  If will be important to investigate the case and see how well the police report documents facts–especially any eye witness accounts–including the passenger girlfriend.   The girlfriend, on the other hand, has a much different case.

As a passenger, she is fault free.  She can collect from your son’s policy AND the other driver–this is the law of joint and several liability.  This basically means she can collect if the driver of ANY vehicle was 1% or more at fault, so if their is shared responsibility for the accident, even if slight, she can exhaust both insurance policies.  If your son had no insurance or minimal insurance coverage, that would explain the claim against the other party.  You only have two years in Nevada to make a claim–so you MUST act ASAP before the two year anniversary or you totally lose your rights.

Using a cell phone, Eating and drinking, Talking to passengers, Grooming, Reading, including maps, Using a PDA or navigation system, Watching a video, Changing the radio station, CD, or Mp3 player are all major causes of accidents because they are examples of distracted driving.   Wouldn’t be a shame if your airline pilot decided to text while landing the airplane and missed the runway?

Well, the fixed attention required to operate machinery is and should be a mandatory choice for the driver, but we are all human and we can actually think and do two things at once.  Society appears to be at ease with a certain level of distractions while driving:  the radio, billboards, etc, all take your eyes off the road, but we tend to allow certain distractions for the sake of functioning.   Imagine no billboards on the freeways?  Not likely to ever happen, but certainly, at least one auto accident has occurred because someone looked too long at the billboard and didn’t realize traffic had stopped in front.  Should we sue the billboard company for creating the distraction, or the county for allowing the billboard?  Likely not given our tolerance for certain levels of distractions.  If you have been the victim of distractive driving call Benson & Bingham today 702-382-9797.

Below are some statistics from the U.S. department of Transportation:

In 2008, there were a total of 34,017 fatal crashes in which 37,261 individuals were killed.

In 2008, 5,870 people were killed in crashes involving driver distraction (16% of total fatalities).

The proportion of drivers reportedly distracted at the time of the fatal crashes has increased from 8 percent in 2004 to 11 percent in 2008.

The under-20 age group had the highest proportion of distracted drivers involved in fatal crashes (16%). The age group with the next greatest proportion of distracted drivers was the 20- to-29-year-old age group (12%).

Motorcyclists and drivers of light trucks had the greatest percentage of total drivers reported as distracted at the time of the fatal crashes (12%).

An estimated 21 percent of 1,630,000 injury crashes were reported to have involved distracted driving.

Driving while using a cell phone reduces the amount of brain activity associated with driving by 37 percent. (Source: Carnegie Mellon)

Nearly 6,000 people died in 2008 in crashes involving a distracted driver, and more than half a million were injured. (NHTSA)

The younger, inexperienced drivers under 20 years old have the highest proportion of distraction-related fatal crashes.

Drivers who use hand-held devices are four times as likely to get into crashes serious enough to injure themselves. (Source: Insurance Institute for Highway Safety)

Using a cell phone use while driving, whether it’s hand-held or hands-free, delays a driver’s reactions as much as having a blood alcohol concentration at the legal limit of .08 percent. (Source: University of Utah)

Broadside accident, T-Bone accident, and Side impact collision all refer to the scenario upon which the front of one vehicle impacts or collides with the driver side or passenger side of another vehicle.  Occupants experiencing a T-Bone collision are at higher risks of injury as the force impacting the broadsided vehicle are close in proximity to where the occupants are positioned.  As a result, occupants are subjected to tremendous force.  While many newer vehicles do employ side and side curtain airbags, older vehicles are not equipped with such technology.  Most T-Bone accidents occur at intersections and parking lots from the failure of drivers to obey traffic signals or yield to the right of way.  Occupants typically strike the inside frame of their vehicle and often strike other passengers traveling within the same vehicle.

Side impact accidents occurring at high rates of speed may cause a vehicle to overturn.  In roll-over accidents,  occupants who are seat-belted or restrained properly are subjected to a heightened risk of ejection.  Common injuries from Side impact collisions are: fatalities, wrongful death, pelvis fractures, hip dislocation, shoulder injuries, brain trauma, rib fractures, arm fractures, bleeding of the brain, leg fractures, spinal cord injuries, amputation, head trauma, lacerations from glass, close head injuries, broken ankles, fractured feet, and burns from the deployment of side airbags.

If you are a victim suffering injuries from the negligence of another driver in a T-Bone or side impact accident call Benson & Bingham at (702)-382-9797. We have helped thousands of injured T-Bone victims, ensuring each client receives proper medical attention and just compensation.

A head-on collision occurs when two vehicles traveling towards each other in opposite directions collide; typically, when the front of two vehicles collide.  However, when a vehicle strikes that of a second vehicle in the frontal area of the second vehicle, and continues its impact along the side of that vehicle, this may also be considered a head-on collision.  Head on collisions are responsible for more traffic fatalities than any other type of motor vehicle accident.  Head on collisions are often the most violent motor vehicle accidents (MVA’s) occurring on our roadways in Nevada. Two vehicles approaching each other in excess of 45MPH creates such significant forces that the impact often leaves occupants with life changing catastrophic injuries if not death.

Many head on collisions occur on interstate and rural roads, especially  Interstates 15 and 215 in Southern Nevada, and State Route 80 in Northern Nevada.  However, head on collisions may also occur on surface streets from an unsafe lane change, falling asleep at the wheel, traveling the wrong way on interstate entry/exit ramps, blind bends in the road, disobeying traffic signals, and failure to maintain ones travel lane.

Ben Bingham of Benson & Bingham has the experience needed to litigate injuries commonly associated with head on collisions, including: wrongful death, fatalities, brain injuries and brain trauma, frontal lobe damage, bleeding in the brain, close head injuries, memory loss, pelvis fractures, hip fractures, spinal fractures, spinal cord injury, paralysis, loss of limbs, amputation, disabilities and emotional trauma. If you or a family member has been involved in a head on collision contact Benson & Bingham at (702)-382-9797.  Let an experienced team fight for you.

As with everything in life, we are born and we pass on.  In the context of a Nevada lawsuit, if either the plaintiff or a defendant dies during the process of litigation—not a wrongful death issue (although a death can emanate from a car accident or original accident) a party and their respective personal injury lawyers must file a notice of death to the other party.  This is formally called a “suggestion of death.”   Nevada Rule of Civil Procedure [N.R.C.P.] rule 25 governs this issue.  This notice is usually filed with a copy of the death certificate. A party has 90 days from the date of the death to file the suggestion of death.  This is important because a failure to do the notice can and will result in a dismissal of the action.  Often a client will pass away from natural causes or an injury relating to the subject accident.  A wrongful death action may now be filed in the event of an accident that relates back to the original car accident.  The heirs will be the parties bringing the new action as well as an administrator of the estate.  These are complicated testamentary issues.  The successor then may be placed in the shoes of the decedent and the case will move forward as if the party was still alive.

It is also important to file within 90 days a motion to appoint a successor.  Failure to do this within 90 days will result in the lawsuit being dismissed with horrible ramifications.  Thus, someone must be appointed to carry on the lawsuit on behalf of the deceased party.   It does not matter who files the motion, but the party who stands to lose MUST file.  For example, in a single car accident case where a person gets a neck injury and files a lawsuit against the at-fault party, that victim would seek damages for the medical treatment, pain and suffering, and wage loss– if applicable.  If the defendant dies during the litigation, and a suggestion of death is filed, the person who stands to lose here is the Plaintiff.  If a defendant does nothing and 90 days passes after the notice of death is filed, the case is dismissed with tragic and unfair consequences to the Plaintiff.  Thus, a wise Las Vegas personal injury attorney will file and seek appointment of “any” suitable person to fulfill the rule.  If a person becomes incapacitated, they must file a similar “suggestion of incapacitation.”  This notifies the other party that a doctor or judge has ruled a party incompetent to continue to proceed.  Again a successor must be appointed to carry on the litigation or the lawsuit will be dismissed.

It is extremely important to find have an attorney who understands the ramifications of life events and can file the necessary legal documents when those occasions arise.  The law firm of Benson & Bingham understands the issues of death surrounding a personal injury lawsuit, and can help other attorneys that may need assistance.

In 2009, 243 people died on Nevada roads according to the state traffic safety director–81 fewer deaths than in 2008.  Nevada State authorities attribute the lower accident related deaths to better law enforcement and more laws to enforce.   While certainly this may be the only thing that can be actually analyzed in a quantifiable measure, the drop and continued drop of deaths likely has many other factors besides new laws.   Nevada deaths peaked with 431 total deaths in 2006—up from 381 deaths in 2002—a sea saw of statistics.  The State’s rationale can’t be correct.  In all likelihood, we had more traffic laws legislated from 2002 to 2006 yet we had an increase of deaths; so how does one truly explain the numbers?  You can’t.   Here is why.

The other factors that must be considered are:  population increases/decreases, population of drivers increasing, types of cars driven from 2002 to 2009 (SUV’s, airbag equipped vehicles, etc.), the economy (causing less total drivers on the road), the number of new freeways e.g. I-215 (adding to less traffic collisions as a percentage of total cars-less risks as no center dividers and cross traffic issues), etc.  Nevada still has not implemented laws prohibiting people from texting while driving, nor have they implemented laws to stop cell phone use while driving —yet we have an increase of both of those activities, yet a drop in deaths; in addition, our speeding has increased.  Most speed limits are now 65 mph with highway speeds allowing for 75 mph in certain rural areas.  In California, the death rate dropped when they increased the speed limits in 1998 when compared to 2002 when they calculated an increase from 55 to 65 mph with more drivers on the road—confused?  You should be.  What is really saving lives?  More laws?  Not likely.  Who really knows except to think car safety has improved dramatically—and a little luck.  Perhaps we are just luckier this year.   If next year traffic deaths increase what will we say caused it?

Court won’t disturb $82.6M award in SUV rollover

Supreme Court rebuffs Ford appeal of $82.6 million award to woman paralyzed in SUV rollover

• On 10:22 am EST, Monday November 30, 2009

WASHINGTON (AP) — The Supreme Court has left in place an $82.6 million award to a woman who was paralyzed after her Ford Explorer rolled over.

The justices on Monday rejected Ford Motor Co.’s challenge to the portion of the award, $55 million, that was intended as punitive damages. Ford argued that it should not be punished because its design of the vehicle met federal safety standards.

A California state appeals court earlier rejected Ford’s contention and upheld the award to Benetta Buell-Wilson.

She was driving on an interstate east of San Diego in January 2002 when she swerved to avoid a metal object and lost control of her 1997 Explorer, which rolled 4 1/2 times. The mother of two was paralyzed from the waist down when the roof collapsed on her neck, severing her spine.

A jury initially awarded Buell-Wilson $369 million, including $246 million in punitive damages but courts twice cut the size of the award. The jury concluded that Ford knew the Explorer had design defects that made it prone to rollovers in emergency maneuvers and the collapse of its roof.

The case is Ford v. Buell-Wilson, 09-297.

Traveling on any of the freeways in Las Vegas (I15, 215, 95, summerlin parkway) one finds themselves surrounded by semi trucks or commercial vehicles.  This scenario is dangerous enough without the element of speed.  Commercial and Public Transportation vehicles are to be held to a higher standard than that of private party drivers and need to drive responsibly.  A basic speed law exists so no person shall drive a vehicle upon a highway at a speed greater than is reasonably or prudent, having due regard for weather, traffic, visibility, and the surface condition.

In no event should an individual travel at a speed which endangers the safety of others.  Semi trucks are extremely heavy and do not stop in tight situations.  When a thirty thousand pound tractor trailer impacts a private party vehicle fatalities or life changing injuries often occur.  Benson & Bingham has represented individuals and families who have requested aggressive counsel to pursue negligent commercial drivers for speeding. If you have questions concerning speeding commercial drivers contact the accident attorneys of Benson & Bingham now at 702-382-9797.

Pedestrians crossing the street take significant risks.  Most collisions between pedestrians and motor vehicles result in wrongful death, head trauma, loss of limbs, brain damage and/or broken bones.  However, not all pedestrians use common sense often times causing their own injuries.  While a driver must yield to the right of way to a pedestrian crossing the roadway in a crosswalk, a pedestrian may not suddenly leave a curb or other place of safety so as to create an immediate hazard.  When no crosswalk is available, a pedestrian shall yield to the right of way to all vehicles.

Finally, the answer to one of the great unknowns… Once a pedestrian begins to cross the roadway where traffic is controlled by an automatic signal device, and before completing the crosswalk the signal changes, the pedestrian is not required to retrace his or her steps, nor stand still, but may proceed as required by law exercising ordinary care.

If you or a loved one suffered injuries while acting as a reasonable prudent pedestrian, contact personal injury attorneys, Benson & Bingham @ 702-382-9797 and get the attention you deserve.

Every summer Las Vegas is once again reminded about the tragedy of mixing unattended children with swimming pools.  Parents and homeowners can attempt to safeguard these areas with alarms, fencing, and nets, but deaths still seem to occur.  The impact is horrific on the families.  Often the loss is preventable.  The only sure way to avoid it is to keep children away from bodies of water including bath tubs, pools, jacuzzi spas, and lakes.  Families with newborns should consider draining their pools or moving (yes moving) to a home that does not have such an attractive nuisance lying in wait for their most precious person.

It is impossible to imagine that a homeowner, nor a parent would leave a 1,000 foot hole in their backyard without filling it up–such a hazard is so dangerous, but it illustrates the point.  Parents should balance the need of that swimming pool verses the fun in the sun it can bring.  And be careful folks: watch who you invite over if you have a pool, since accidental drowing in Las Vegas and throughout Nevada  is a tragic occurence that happens yearly.