Las Vegas Injury & Accident Attorney Blog

Last week Honda Motor Company recalled thousands of Honda Accords and Civics due to faulty gear shifter in the early 2000 models.  The investigation revealed the Honda’s key can be removed when the car is other non-Parked positions.  This will create a reverse situation if the car is left in Neutral or in the reverse position.  Just after this Honda recall, in a similar park to reverse case in Kingman, Arizona, A 6-week-old girl died after being run over in a driveway in Lake Havasu City on August 10, 2010. The Police Department Sgt. Joe Harrold said officers responded at 11:26 p.m. Monday to a home on Newport Drive and that a 24-year-old Lake Havasu City woman had parked her 2004 Ford pickup on an inclined driveway and that the vehicle rolled backward as she was unloading items from the passenger side.

Obviously, this case is under investigation as the cause of the the reversal, but truly this vehicle model has been plagued by issues surrounding the vehicle’s brake shift interlock device which allows for movement of the gear shifter when the vehicle is in the ON or MIDDLE key position without depressing on the brake pedal.  It is unclear to this author whether the 2004 is even available in a stick shift, or the circumstances of why the vehicle even was allowed to move given the location of the driver–in the passenger seat.   This is the exact auto injury case that Benson & Bingham will investigate for you should you suffer this unusual, but not unheard of, event.   Call Benson & Bingham today if you have experienced this type of automotive tragedy: 702-382-9797

Many motor vehicle accidents are caused by drivers not paying attention. One of the leading types of car crashes are T-Bone accidents or side impact accidents from incautious drivers running red lights. With the current volume of cell phone drivers and text messaging teenagers on the road, failure to yield traffic citations are at an all time high. Often times injuries resulting from a t-bone accidents are severe such as: brain trauma, spinal cord injuries, broken ribs, fractured arms, broken legs, and fractured hips to name a few.

Ensuring your legal rights are protected during the rehabilitation stage may be crucial in the financial outcome of a personal injury claim. With Benson and Bingham’s combined twenty years of legal knowledge you can recover with confidence. Call us at 702-382-9797.

Need help after a car accident in Summerlin?   The Las Vegas personal injury lawyers located in Summerlin, NV can help. Benson & Bingham’s headquarters are located right at the intersection of I-215 and Charleston near Red Rock Casino at the C2 Lofts.   If you live in the Vistas, Paseos, Red Rock Country Club, Summerlin Centre, Picolle Ranch,  Summerlin South, the Pueblos, the Mesa, Sienna, Ridges, Willows, or anywhere in Summerlin we are right there to help.  Come in and see us at 11441 Allerton Park Dr., Ste 100 Las Vegas, NV 89135 or call us at 702-382-9797 for a free consultation.

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)

Ever thought you may need a texting attorney?  Well, better stated, how about a personal injury lawyer who handles accident cases caused by driver’s who text–yes, you may need us.  Nevada continues to allow drivers to text (this article written June of 2010), and the notion of texting while driving should be illegal.  Connecticut recently banned texting while driving and for good reason as many accidents are caused by distracted driving.  Nevada laws continue to play catchup as opposed to leader when it comes to safety.  Our brother state of California seems to lead the way with smart legislation–then us Nevadans finally follow suit.  The following states banned mobile hand held devices:

• California
• Connecticut
• District of Columbia
• New Jersey
• New York
• Oregon
• Washington
• Virgin Islands

The States Below have taken the early steps to prevent accidents by enacting laws banning texting while driving.

• Alaska
• Arkansas
• California
• Colorado
• Connecticut
• District of Columbia
• Guam
• Illinois
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maryland
• Michigan
• Minnesota
• Nebraska
• New Hampshire
• New Jersey
• New York
• North Carolina
• Oregon
• Rhode Island
• Tennessee
• Utah
• Virginia
• Vermont
• Washington
• Wisconsin
• Wyoming

Someday, Nevada will stop texting, but first they will need to ban cell phone use while driving.  We all know it is unsafe to text while driving–It is not the same as adjusting the volume to the radio, or sipping that cup of coffee, as your attention is locked on to the phone for very long period of time.  Hand held cell phone use seems to be driver dependent; in other words, some drivers have the ability to multi-task better than others.  Personally, I find cell phones a must when driving, but they do create distractive driving.   As technology advances, the integration of communicating while driving will likely be streamlined and made safer by the use of the vehicle’s computer systems.   I look forward to those advances.

In recent years the media has brought to light the reported tire failure and/or tread separation product liability cases against Ford/Firestone. However many manufacturers such as General tires, Goodyear, Wilderness tires, Cooper tires, and Uniroyal-Goodrich tires have been involved in tire tread belt separation litigation. While tires, even with proper service will fail eventually.  The tire manufacturing industry is well aware of the dangers associated with tread separation. There is an underlying difficulty for the manufactures in adhering the steel belted radial to rubber. These separations are the result of a manufacturing and design defects such as: improper adhesion, allowing foreign bodies or contaminants within the tire during the manufacturing process, under-vulcanization, old ingredients or aged rubber stock, and lack of quality control during final inspection before releasing the tire to consumers.

Many tire plant manufacturers have their employees working twelve hour shifts with very stressful environments. These tire separation risks seem to be increased in the summer months when roadway temperatures  are warmer coupled with highway or freeway speeds. Nonetheless, these tread separations are foreseeable events and can be avoided.  Recent technology has discovered that nylon overlays used will significantly reduce the risk of tread separation. Many tread separation failures result in motor vehicle accidents or rollover accidents with catastrophic injuries, brain injuries, and sometimes death. If you or a family member has been injured in a car accident as a result of a tire failure or tire tread separation contact Benson & Bingham at 702-382-9797. We have the experts standing by to inspect your tires.

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.

In certain circumstances*, Passengers in automobile accidents will have more insurance coverage available to them.   Those passengers who are in a vehicle that is “also” at fault in an accident (what we call joint tort feasers) or multiple at-fault drivers can now maintain a 3^rd party claim and a 1^st party claim against the same insurance policy in a single accident.  This is new law and good news for passengers who, before, could only go after liability OR underinsurance coverage on the same policy.   For example, in a two car accident involving a passenger who broke her arm requiring surgery she would not be limited to just the liability coverage of the driver of her car and the other at fault car, she could also make a claim for “underinsurance” against the Driver of her car; thus, she would have a potential breach of contract claim if they didn’t offer her a reasonable sum over and above the two other liability policies (in an addition to negligence actions).  This example, of course, assumes BOTH drivers were at fault for the accident.

This changes the old policy that would only enable an accident victim to recover against the liability policy of the 2^nd car and the liability of the 1^st car.   No UIM/UM claim could be made.   The Nevada Supreme Court made this distinction in Delgado v American Family Insurance Group, 217 P.3d 563, (2009) where a passenger was allowed to make a claim against the $50,000 policy of the 1^st at fault driver, $15,000 against the 2^nd car’s liability policy, and also $25,000 against he 1^st car (the car she was a passenger in) for the underinsurance benefits.  Thus, the $25,000 claim is now allowed under Nevada Law.  If you were a passenger and need an experience Las Vegas personal injury lawyer call the experts at Benson & Bingham.

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.