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)

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 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.

Motorcyclists have the same rights and the same responsibilities as other drivers. However, there are special situations and conditions we all need to be aware of so we can safely share the road with them. Following the suggestions below will significantly reduce a riders risk of injury.

First, Motorcycle operators have the right to operate their bikes in an entire lane. However,  two motorcycles may maintain the same lane. Second, because of their size and single headlight, motorcycles are harder to see and may appear to be farther away than they actually are. Third, it is important to remember that other drivers have a hard time determining the speed of  motorcycle. Fourth, road condition and weather conditions (wind) can change a motorcycle’s position of the road.  Fifth, turn signals do not automatically cancel after a turn on a motorcycle. So do not always assume a motorcycle is turning or changing lanes because a turn-signal is illuminated.   Sixth, when approaching a motorcycle from behind, provide an extra cushion for motorcyclists.  Seventh, when approaching a motorcycle traveling in the opposite direction, double check to ensure your high beam lights are not illuminated as high beams may effect an motorcyclists balance and visibility creating a dangerous condition.

Finally, poor weather conditions (rain, wind, snow) can create very difficult riding conditions for motorcyclists so give riders plenty of space. Keeping these simple thoughts in mind and providing these courtesies while driving near motorcycles will increase the safety for all of us on the road and help save lives in Nevada.

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.

Last summer, gasoline prices soared, the economy soured, and Americans began driving less and driving slower. None of this felt good at the time, but nevertheless something good happened.

Two separate studies of fatal auto accident statistics released recently indicate that traffic deaths fell significantly in 2008, possibly by as much as 10%. Moreover, the preliminary data on 2008 highway deaths suggests that fatal accidents declined faster than vehicle miles traveled – in other words, the decline in fatalities may not simply be the result of fewer people driving.

Sponsors of the studies are cautious about drawing hard conclusions about what’s causing fatalities and fatality rates to decline. They don’t want to confuse coincidence with cause and effect. But it could be that years of efforts to improve the safety of vehicles, highways and drivers – using a mix of regulation, education and what amounts to marketing – are starting to pay off.

Associated Press
The National Highway Traffic Safety Administration’s preliminary review of 2008 crash data concluded that during the first 10 months of 2008, traffic deaths fell by about 10% to 31,110 people lost. The number of deaths per 100 million vehicle miles traveled declined to 1.28 during the January-October period from 1.37 in the same 10 month period of 2007.

A separate study by the Governors Highway Safety Association (GHSA) found that highway deaths declined an average of 10.7% last year in 40 states and the District of Columbia. The GHSA analysis also concluded that in many states, deaths fell at a faster rate than vehicle miles traveled.

So what are we doing right? “We don’t really know why fatalities are trending down,” says Barbara Harsha, executive director of the GHSA. “We are taking educated guesses.”

Here are a few.

The economic slump and the gas price shock may have helped, by keeping people off the road and encouraging them to slow down. The GHSA study notes that several states reported that drivers were slowing down, with average speeds in Oregon dropping by 1 mile per hour.

The folks driving slower were almost certainly getting better mileage. A study by the General Accounting Office, conducted at the request of then Sen. John Warner of Virginia, concluded that most cars and trucks get their best mileage at speeds between 30 and 60 miles per hour. A 1994 Chevy pickup traveling at a steady 45 miles per hour could get 27.3 miles per gallon, the report found. A 2005 Focus traveling at a steady 40 miles per hour could get 45 miles to the gallon.

Auto Industry News
Going slower also gives motorists a better shot at avoiding or surviving collisions.

We may also be getting the benefit of what is now nearly 20 years during which the auto industry has increasingly taken the view that safety is something they can sell – not just an annoying regulatory mandate.

Cars are safer in part because the federal government during the 1970s and 1980s forced the industry to adopt technologies – including seat belts and airbags – that it had resisted at first.

More recently, auto makers have been going beyond what the law requires, because that is increasingly what consumers demand. The increasing use of stability controls and anti-rollover systems is an example. Electronic stability controls will be mandated on new vehicles by 2012, but many new vehicles have this technology today.

The number of vehicles in all classes that score poorly in crash tests conducted by the Insurance Institute for Highway Safety (IIHS) or the National Highway Traffic Safety Administration (NHTSA) has declined steadily, coinciding with the rising ease with which consumers can get access to information about how well or poorly cars fare in such tests.

The NHTSA has worked to make the online presentation of its star ratings for crash tests more accessible and meaningful over the years.

The IIHS has been even more aggressive in using the power of shame to push car makers to beef up their designs for crash-worthiness, offering its hair-raising crash test videos to television networks and posting its scores and its scolding words for laggards on its Web site….read more