Car Accidents can be avoided if everyone uses proper care. The problem is that we are human and we err. Often we go beyond just making careless mistakes, but do things that personal injury attorneys love: reckless behavior. So what is the difference between reckless behavior and negligent? Under definition, negligence equates to just breaching a duty owed—in essence being stupid: day dreaming through a red light, grabbing that spilling coffee as you hit the yellow light that turned red, simply missing the big red stop sign, or playing with the radio as you crash into the rear end of the family wagon on the highway. These are the mistakes we make as drivers. The problem is when we do the next level of culpability: encountering a dangerous situation that you know to be dangerous, and do it anyway—that is recklessness. This is a very fine line to adjudicate. Is it reckless to drive a car after you have been drinking—many think so. In fact, public policy finds that we want to discourage this behavior so much we will assign punishing damages to those persons. Elements of punitive damages are designed to punish drivers or their employers for conduct that is “reprehensible.”
We find it reprehensible to get intoxicated and drive a deadly weapon. We find it reprehensible to shoot a gun into a crowd thinking we will miss. We find it reprehensible for a truck driver to do crystal methamphetamine and drive for 48 hours straight, or for airline pilot to cockpit the airplane after a few beers. So, the question begs: is it reprehensible to drive a vehicle using a cell phone? We know it is dangerous. We know it is distracting, but yet most of us do it. Cell phones while driving cause deaths. In California last year, the engineer on a train was “texting” on his cell phone when the train collided with another. Reprehensible? Yes. What do you think?
Employers also must be careful not to condone or encourage cell phone use for its employees on the road. The consequences are dire.
As this wonderful time of the year approaches alcohol related accidents increase. Part and parcel to holiday gathering is social drinking. Unfortunately just a few drinks can change an individuals ability to make good decisions. Pursuant to Nevada Statute an individual may not operate a motor vehicle upon which the public has access when their blood alcohol level is 0.08 or greater. In most individuals this equates to two beers consumed within one hour. While an individuals blood alcohol level may not exceed 0.08, just a few beers may impact an individuals perception and reaction time. This error in judgement often results in substantial bodily harm and/or death when vehicles collide.
Following a few simple guidelines can ensure you and your family make it home safely this season. As a general rule of thumb, if you know you are going to be out drinking, be sure and have a designated driver. In the alternative, program a taxi cab companies telephone number in your phone with the intention of using that number before you leave your home. Most people leave their social gathering unsure weather or not they are they are safe to drive. While it is always best to play it safe, here is the general rule:
For every alcoholic beverage consumed, it takes an hour for the beverage to leave your body. For example: If the average individual consumes 4 beers in 2 hours, it will take 4 hours before the alcohol leaves their body. However, the effects of consumption may still be present.
Play it smart this year and make good decisions when it comes to getting behind the wheel. Waking up in the hospital or in jail is no way to spend your season. From all of us at Benson & Bingham we wish you a safe and Happy Holiday.
Even with a down economy Las Vegas continues to offer the best party for the money. As 2009 begins, the party season kicked off with New Years where the Nevada Highway Patrol (NHP) reported its usual amount of arrests and alcohol related accidents. The Superbowl then brought out the beer drinking drivers. President’s day weekend was another big weekend for personal injury attorneys as the drunk drivers just don’t know how to limit themselves– Now that we have past Valentine’s day (which fell on a Saturday-President’s weekend), we await the other big drink fest: St. Patrick’s Day, the mother of all drinking days.
The Nevada Highway Patrol and other police agencies are trying to protect the public by doing DUI checkpoints, but until our District Attorneys and judges do their part, we are stuck with repeat offenders. Did you know, that first time offenders will likely get probation for their first offense if the blood alcohol is 1.5 or less? The legal limit is .08. Now, Las Vegas prepares for its version of Mardi Gras–start throwing the moon pies, because that’s about the extent of the punishment for these criminals who drink and drive.
Drunk Driving in Clark County, Nevada accounts for more than 8,000 DUI arrests. If you have been injured due to a drunk driver call a Las Vegas personal injury law firm that can help you get justice. It appears that everyone is not immune to drunk driving arrests however. Boxer Diego “chico” Corrales was driving drunk on 06/13/2007. In other news, Drunk driving from Nye County, Nevada District Attorney Robert Beckett caused two accidents. He is facing a drunken driving charge in California after crashing two vehicles on the same desert highway six hours apart. Beckett, 49, totaled his county-issued sport utility vehicle in the first rollover accident, which occurred about 1:30 p.m. Sunday, June 19, 2008 on California Route 127 just south of Shoshone, California. Then there is the infamous, Heidi Fleiss who was arrested on charges of driving under the influence in Nevada, possession of drugs without a subscription and driving without a license. The 42-year old former Hollywood Madam was booked at Nye County jail, near her home in Pahrump and released after posting $1,376 bail. Yes, folks, this is a dangerous activity, but these public figures are not setting a good example.
But what about texting in cars. California has banned the practice as well as talking on cell phones. Nevada is now looking at banning both practices as well. Statistics show that texting is one of the largest causes of accidents. Looking at the cell phone for such a long period of time causes a huge distraction from the concentration of the driver. The focus is not the road, it is on the keypad. Imagine if your doctor spent half his time texting during a surgery—a bit dangerous huh?