The Reno Gazette Journal reports that Reno Police Traffic Division statistics show that the following citations were issued in the targeted intersections:
-19 citations were issued in the intersection of West Plumb Lane and South Virginia Street
-15 citations were issued at East 6th Street and Wells Avenue
-13 citations were issued at West 7th Street and Keystone Avenue
The RPD said they have concentrated their traffic enforcement actions near intersections with high accident rates. Of the 15 intersections where enforcement activities were directed in May, eight had no accidents and five had 1 accident.
There were two accidents near South McCarran Boulevard and South Virginia Street, where nine citations were also issued. Three accidents were reported at the intersection of West 8th Street and North Virginia Street.
In all, officers issued 119 traffic citations in May at the various targeted locations, with 10 accidents reported in those areas, police spokesman Steve Frady said.
Police also reported that 580 arrests were made for driving under the influence from January 1 through May 31, compared to 571 during the same period in 2007.
The National Safety Council reports that rural areas account for about 65 percent of traffic deaths. Further, 75 percent of all noncollision accidents (overturns, jackknifes) occur in rural areas. The allure of the countryside is obvious, but dangers are all around.
Rural Hazards
Rural roads are usually not as well maintained as urban roads and major highways. Always wear your seat belts and be especially alert for:
-Blind curves or intersections. Approach each curve expecting the worst. That means slowing down and staying on your side of the road.
-Excessive speed. Drive within the speed limit. It's based on the road's characteristics under ideal conditions, and it is established for your protection. Reduce speed in heavily wooded areas and at night.
-Soft shoulders. They will give way under the weight of your vehicle, and they could pull it down a slope or into a ditch.
-Narrow roads and one-lane bridges. Like it or not, you may have to yield to another driver. Don't be stubborn.
-Poorly marked intersections and railroad crossings. Approach them with caution.
-Woods and tall crops which obscure curves.
-The possibility for head-on collisions. To avoid them:
-Always stay to the right of the center line.
-If an oncoming vehicle veers into your lane for any reason, slow down right away, sound your horn and flash your headlights. Drive to the right to get out of the way. Driving into a ditch is less dangerous than driving into a vehicle.
-If the choice is between a head-on collision and hitting a fixed object, such as a tree or utility pole, it's safer to hit the fixed object, which has no momentum of its own.
Unpredictable Weather And Animals
Weather hazards are compounded on rural roads.
-Carry a survival kit and a cellular phone.
-In wet weather, try to stay in the path in the road that has been worn by traffic. The traction is better there.
-Heavy rains can cause flooding in low areas. A car can be swept away in only one foot of water. Don't try to cross rushing water.
-Wet gravel roads and fall leaves require extra stopping distance. Slow down in the rain.
Animals are a special danger in the country. According to the National Highway Traffic Safety Administration, more than 100 people are killed and 8,000 are injured each year in crashes involving animals, particularly deer. You can't predict an animal's actions, but you can prepare your response.
-Use an animal warning device.
-If you encounter a small animal on the road, do not swerve to avoid hitting it. Stay on the roadway. The alternative could mean the loss of your life.
-Because of their size and increased numbers, deer present a special hazard:
-Dusk and dawn are their times of peak activity.
-If one deer crosses ahead of you, stay alert! They usually travel in groups.
-Be most alert in areas where foliage and trees extend to the road.
-If a collision with a deer is unavoidable, slow your speed to reduce the impact. Never swerve left!
Beware! Farm Machinery Crossing
The National Safety Council reports there are about 30,000 collisions each year between vehicles and farm machines. Farm machines are usually big and ponderous. Mishaps can be avoided if drivers show restraint and patience.
-Slow down when you approach farm implements. Be prepared to stop if necessary.
-Stay calm. Your chance to pass will come eventually. Don't risk your life to save a minute or two.
-Be wary. These implements need more room to maneuver than you do. Tractors will veer to their right before they make left turns. Don't mistake this to mean the tractor is moving aside to let you pass.
Fall driving presents a variety of obstacles, and more drivers die from September through November than during the winter months of December through February. Slick roads, foggy mornings, and roaming wildlife are just some of the increased hazards. You must also contend with less daylight and morning and evening sun glare.
Driving In The Dark
Everyone sees less well at night. In fact, you are three times as likely to be involved in a fatal crash at night as during daylight hours. Keep these tips in mind as the seasons change.
- Less light means slow down Drive below the speed limit and increase your following distance.
- Take curves slower, and never overdrive your headlights. Be sure you can stop if something suddenly appears in the roadway.
- Use high beams as much as possible on highways and unlighted streets. Remember, though, low beams are mandatory if you're within 500 feet of another vehicle or in fog. Note: Low beams lose their efficiency at speeds above 40 mph.
- One of the greatest dangers of night driving is sudden light from street lights, neon signs, wet pavements and approaching cars. Try to look away from glare. Use the lines or edge of the pavement on your right side to help guide you.
- Don't try to "out-glare" a vehicle that does not switch to low beams. Be the first to be courteous. Retaliation for bad manners only results in two blinded drivers.
- Take special care on poorly lit, rural roads.
Preventive Maintenance
- Clean and check your headlights regularly. Headlight dirt or misalignment can reduce the distance a driver can detect objects at night by about thirty percent.
- Get your headlights aligned during a regular maintenance stop. If you can't get to a technician, the National Safety Council suggests the following steps:
- You need 35-40 feet of flat or constantly sloped driveway.
- Shine your low beams on a garage door two to three feet away.
- Outline the bright spots with a soft pencil or tape.
- Back the car about 25 feet from the door. The top of the low beams should shine no higher than the top of the marks on the door or lower than the center of the marked circle. If you have two headlights, the high beams are also aimed.
- If you have four headlights, aim the low beams first. Adjust the high beams until the center of the high is at the top of the low beam.
Seasonal Hazards
- To minimize the glare problems at sunrise and sunset, use your visor, and wear sunglasses if necessary. Never wear sunglasses or tinted glasses at night. Also:
- Be wary of drivers who are driving into a glare at your back. Give yourself plenty of room to come to a controlled stop.
- Turn on your headlights whenever you wonder if it's dark enough to use headlights. It will help you see and be seen.
- Clean your windshield inside and out, especially if you are a smoker. Smoke can cloud your windows and diffuse light.
- Keep paper towels or a rag handy in the interior of your car.
- Keep your wipers clean and new. Streaks make glare worse. Check the washing fluid often.
- To avoid skids in rainy weather, slow down. If you do skid, steer in the direction you want the front of the car to go.
- As soon as temperatures start diving into the 30s, slow down before crossing a bridge.
- Deer and other wildlife are active in the fall. If a collision is unavoidable, slow down to reduce the impact. Stay under control.
Vehicle Warnings
According to Operation Lifesaver, an average of eight collisions between trains and motorists occur every day. Over 350 people are killed each year, and about 1,000 are seriously injured. A motorist is 40 times more likely to be killed or seriously injured in a collision with a train than in a collision with another motor vehicle.
- Look, Listen and Live is the basic rule. Obey all highway-rail crossing signs and signals.
- Don't rely on warning signals. They could be broken. If you suspect a signal is malfunctioning, or if you feel vision at the crossing is restricted, e.g., high weeds, call the police or the railroad. You may want to find another route.
- Expect a train any time. Most trains don't follow set schedules.
- As you approach a railroad crossing: slow down when you see the R X R advance warning sign; open a window; turn off the radio and fan; stop talking; look both ways; and listen for a train whistle.
- You must stop if red warning lights are flashing; warning bells are ringing; there's a STOP sign, or the gates are lowered. It's the law. NOTE: More than half of all train-vehicle crashes occur when a driver disregards flashing red lights or gates that warn of a coming train.
- Never race a train to a crossing. Always assume you'll lose.
- Never stop on a crossing or shift gears. When traffic is heavy, wait until you are sure you can clear all of the tracks.
- If you start across the tracks and the warnings activate, continue to the other side. Don't stop or attempt to back up.
- Watch out for a second train when crossing multiple tracks.
- Its large mass makes it difficult to judge the speed and distance of an oncoming train. Be careful.
- Remember, trains cannot stop quickly. It can take a mile or more to stop once the brakes are applied.
- Be doubly alert at night and in bad weather. Don't overdrive your lights. In many nighttime collisions, cars run into trains.
- Many rail-car collisions occur near a driver's home because people take a rail crossing for granted. Don't fall into that trap. Build possible delays into your schedule.
- Keep alcohol, distractions and fatigue out of your car.
- If your car stalls on the tracks, get everyone out immediately and get a safe distance from the tracks. Call the police. If no train is coming, post lookouts and try to get the car off the tracks. Be ready to get away fast. If a train approaches, run toward the train to avoid flying debris.
Personal Warnings
In recent years, over 500 people have been killed annually while trespassing on railroad rights-of-way and property.
- Do not walk, run, cycle or operate all-terrain vehicles (ATVs) on railroad tracks and property or through tunnels. Furthermore, these activities are against the law.
- Cross tracks only at designated pedestrian or roadway crossings. Observe all warning signs and signals.
- Do not hunt or fish from railroad trestles. There is only enough clearance on tracks for a train to pass. They are not meant to be sidewalks or pedestrian bridges.
- Do not attempt to hop aboard railroad equipment at any time. A slip of the foot can cost you a limb.
Prescription and over-the-counter (OTC) medications are intended to keep us healthy. In the wrong circumstances - especially when we are behind the wheel of a vehicle - our drugs could contribute to our early demise. To be sure your medications don't abuse you, please remember:
- It is your responsibility to know what you're taking and how it affects you. If you have a question, ask your doctor or pharmacist.
- Bodies are different and everyone will not react the same to medications. Furthermore, a drug can affect one person differently in different situations.
- Don't mix medications, or mix any kind of drug with alcohol, until you have consulted with your doctor or pharmacist.
- Try to use only one pharmacy.
- The problem with some drugs, such as cough medicines, is that they have a high alcohol content. Read the literature you get with any drug to determine whether it contains sedatives or alcohol.
Driving Alert
Even at recommended doses, OTC drugs can affect driving ability as much, or in some cases, even more than illegal drugs, prescription drugs, or alcohol.
- Antihistamines are the principal culprit, according to the Southern California Research Institute. They can cause drowsiness, dizziness and blurred vision.
- Sleeping pills and night-time cold medications can also impair drivers. Obviously, a medication intended to help you sleep is not going to make you a good driver.
- Ibuprofen, a commonly used pain reliever, can reduce concentration levels and cause drowsiness.
- If you're taking a medication for the first time, don't plan on driving after you take that first dose. Wait to see how it affects you.
Over the next several blogs I plan to concentrate on basic information about driving safety.
Driving a car is one of the most routine activities we engage in, but it's also one of the most dangerous. Over 40,000 people are killed in motor vehicle accidents each year.
These 40,000 deaths translate into lifetime odds of 1-in-100 of dying in a motor vehicle accident.
Another discouraging number associated with motor vehicles is that 1-in-2 of us will suffer a temporary or permanent disabling injury* in a motor vehicle accident.
With odds like these, your only answer is to develop a defensive driving attitude when you get into a car. As the articles in the Driving section show, there are many steps you can take to reduce the odds you will be one of these statistics.
One of the most important steps you can take is to develop an attitude to make every driving trip a "perfect trip." This includes such things as wearing seat belts, obeying speed limits, and driving defensively under all weather and traffic conditions.
Driving a car should be one of life's pleasures, not one of life's tragedies.
The principal causes of motor vehicle deaths, based on recent National Safety Council statistics, are: Collision Between Motor Vehicles - 20,600; Collision with Fixed Object - 13,300; Pedestrian Accidents - 5,900; Noncollision Accidents - 5,200; Collision with Pedalcycle - 900; Collision with Train - 200; Other Collision - 100.
* A disabling injury is an injury that disables you beyond the day of the injury.
Over the next several blogs I plan to concentrate on basic information about driving safety.
Driving a car is one of the most routine activities we engage in, but it's also one of the most dangerous. Over 40,000 people are killed in motor vehicle accidents each year.
These 40,000 deaths translate into lifetime odds of 1-in-100 of dying in a motor vehicle accident.
Another discouraging number associated with motor vehicles is that 1-in-2 of us will suffer a temporary or permanent disabling injury* in a motor vehicle accident.
With odds like these, your only answer is to develop a defensive driving attitude when you get into a car. As the articles in the Driving section show, there are many steps you can take to reduce the odds you will be one of these statistics.
One of the most important steps you can take is to develop an attitude to make every driving trip a "perfect trip." This includes such things as wearing seat belts, obeying speed limits, and driving defensively under all weather and traffic conditions.
Driving a car should be one of life's pleasures, not one of life's tragedies.
The principal causes of motor vehicle deaths, based on recent National Safety Council statistics, are: Collision Between Motor Vehicles - 20,600; Collision with Fixed Object - 13,300; Pedestrian Accidents - 5,900; Noncollision Accidents - 5,200; Collision with Pedalcycle - 900; Collision with Train - 200; Other Collision - 100.
* A disabling injury is an injury that disables you beyond the day of the injury.
Here's a plug for Trial Guides at www.trialguides.com. The following interesting news comes from their enewsletter of today's date.
This week, Florida Insurance Commissioner Kevin McCarty announced that he is suspending Allstate Insurance companies from writing new insurance in Florida. McCarty's choice follows Allstate's refusal to comply with subpoenas served October 16 by the Office of Insurance Regulation.
The subpoenas seek disclosure of the McKinsey Documents, in which McKinsey & Co. instructed Allstate how to systematically underpay claims starting in the mid 1990s. The content of the documents is so explosive that Allstate has already ignored a $25,000 per day fine in Missouri for its ongoing failure to provide the McKinsey Documents in that state.
Trial Guides landmark book, From Good Hands to Boxing Gloves, is the only book that provides a full discussion, as well as reproductions, of the McKinsey documents. Written by the only lawyer who has obtained the McKinsey Documents unprotected, David Berardinelli, the book gives plaintiff lawyers the edge in personal injury and bad faith claims by disclosing the content of the McKinsey Documents and how you can use them in trying or settling your case. From Good Hands to Boxing Gloves has been the most widely publicized legal book of 2007, serving as a source for feature stories with CNN, PBS, BusinessWeek, Bloomberg, and many more. More media coverage is coming in 2008, following the suspension of Allstate in Florida.
For more information on this subject, please refer to the section on Car and Motorcycle Accidents
On January 4th, one of the worst storms in recent history hit the Sierra Nevadas, knocking out power, causing flooding and forcing people to evacuate their homes. The storm initially dropped roughly six to ten inches of rain, which turned to snow later on that evening. After 44 inches of snow followed the rain, the levees in Fernley, Nevada were stressed to their breaking point, causing them to overflow and break. About three feet of water from the levee was released and flowed through their streets, leaving some 3,500 people stranded. Rescuers were using school buses, boats and helicopters, although no injuries were reported.
"It was a mess up there last night," said Chuck Allen of the Nevada Department of Public Safety. "It's so cold here. The snow is about 2 inches in depth and the temperatures are right near the frigid mark both for the rescuers and rescuees."
In addition, there was an evacuation order given for four valleys near Orange County in Southern California for about 3,000 residents. The possibility of a flash flood was high, though it is unclear as to how many obeyed the order. Homeowners in Southern California stacked sandbags around their homes in preparation for the water. A voluntary evacuation was in effect at an apartment complex northwest of downtown Los Angeles because of flooding and a small mudslide.
According to the California Department of Transportation Interstate 80, the main east-west link between Northern California and Nevada, was reopened Saturday, but tire chains were mandatory on a 60-mile stretch. While the highway was shut down during the night, the Red Cross set up a 200-bed shelter in Truckee for stranded motorists.
In case of heavy snow and possible dangerous driving conditions there are several precautions you can take:
1) Equip your vehicle with chains or snow tires. Both allow your tires to get a better grip on the road and prevent the "smooth on smooth" driving of snow-filled grooves in regular tires that occurs when they are filled with snow while driving on a heavy snow-laden road.
2) Listen to the emergency radio station that has the local weather forecasts and conditions as well as driving advice for traveling motorists. The National Weather Service (NWS) broadcasts warnings, watches, forecasts and other non-weather related hazards information 24 hours a day. During an emergency, NWS forecasters interrupt routine broadcasts and send a special tone activating local weather radios. Weather radios equipped with a special alarm tone feature sound an alert to give you immediate information about a life-threatening situation.
3) If you find yourself starting to spin while driving on a snowy or icy road, be sure to turn your wheels away from the direction that you are spinning. If for example you are spinning to the left you will want to turn your wheels to the right. This will keep your wheels parallel to the road and in the direction that you want to be going. If you turn your wheels in the wrong direction it is entirely possible to begin spinning in circles depending upon your speed.
4) It is useful to have a flashlight and fresh batteries in your car. If you do have to leave your vehicle to put chains on your tires in the dark or flag down a tow truck it will be much easier for you to see what you are doing or for them to see you at the same time.
5) You will want to keep your gas tank full or close to it. In the winter, if you do get stuck or stranded, the engine will be your only source of heat aside from your clothes. You can run the engine indefinitely at idle to stay warm for as long as you have gas. No harm will be done to the engine.
6) Make sure your batteries are properly charged and ready to go. A short in the electrical system in your car while traveling between two states 50-100 miles from help is nothing less than disastrous.
7) Bring a cell-phone with you. While driving it is hazardous to use your phone to make calls, but if for some reason you become stranded communication will be your key to getting help, being located and getting out of your situation. At the very least it could save you from having to walk to the next town in the snow or waiting overnight in your car for the sun to rise.
8) Make sure your windshield wipers are in good condition. If they are unable to clear away snow or rain your visibility will be hampered while you are driving, potentially leading to accidents.
9) Make sure that you have proper engine coolant in the proper amounts. Although it is cold outside it is still possible for your car to overheat. You will also want to make sure you have sufficient windshield wiper fluid as you can go through quite a bit of it in an average drive, interstate drives not withstanding.
10) You will need to make sure that your car is tuned and has been seen by a mechanic. Any problems that occur in the summer are only multiplied during the winter when the temperatures drop. If your car has difficulties starting in the summer those difficulties may be overwhelming in the snow and cold.
11) And finally, in the snow and ice drive slowly. The postulate that "whatever is in motion tends to stay in motion" is especially true on snowy and icy roads. If you hit the brakes eventually you will be able to stop, but the question is always about timing and place. During summer months it is advisable to give at least 3 car lengths to the person in front of you for safe driving. During heavy snow you may wish to give up to five or 10. It's better to be able to stop before you hit the car in front of you than be stopped by the rear of that car.
Good luck and safe travels!
Driving in Reno is not (nearly) as bad as driving in Southern California or New York City, but we still have our share of accidents.
A UNR civil engineer professor and some UNR students are now researching roads and intersections in the Reno area to make them safer and less accident prone. The project entails videotaping certain intersections and studying tire marks or warning signs in "fender bender" areas.
The students have also set up surveys online and at the Department of Motor Vehicles that ask the public to identify high accident areas. Once these areas are located, the students review statistical data with an aim toward alleviating the problem particular to the spot. Read more about this project in the Reno Gazette.
Reno is still pretty dangerous and challenging for bicyclists. This is largely due to the need for a better route of paths, better marked paths and a need for a better continuation of the paths network. Does this mean that Reno is an unsafe place for bicyclists to ride overall? Not necessarily, but there are certain precautions that every bicyclist should take, aside from simply wearing helmets while riding.
According to Reno Personal Injury Blog Staff Writer, George Goodwin, being aware and giving signs to let the drivers know that you are there is a first big step. Being alert, careful and polite also helps the bicyclist avoid potential problems. Some drivers are really good and some are great about riding in the middle of their driving lane, but that is not the case with all Reno-area drivers. You may also find that crossing at an intersection is safer than trying to cross while on the road because it gives drivers a greater area of clearance to drive by. It's better in any case to be safe than sorry.
As far as safety precautions you should take while on your bike, having two lights, a front and a rear, is a good start. Anything you can do to make yourself more visible, especially at night and in the cold winter months, is a positive step toward not getting hit.
In addition, keeping your bike tuned up and in decent condition will serve you well and help you to avoid potential traffic accidents. Keeping the air in your tires full and taking your bike to a bicycle shop to get the chains oiled and keep the tires trued (in a straight line) will help you to keep your balance and allow you to shift your gears smoothly whenever you meet a hill. While you're there you can have the mechanics check out any other problems that they might find such as frayed wires, bent spokes and misaligned handlebars. Any one of these might be a minor headache, but could potentially erupt into a major problem if left unchecked.
Drivers who take the whole lane are just as irresponsible as bicyclists who ride in wavy patterns, seemingly drunk. Generally, it's difficult to always place the blame on one specific group, but in a specific sense it's usually the fault of one or the other of the two involved. To avoid accidents bicyclists need to make drivers more aware that they are there and be more attentive as well. Drivers should also be more attentive and if they can't move over they should slow down. In addition, drivers should recognize that bicyclists are vehicles in their own right and instead of attempting to force bicyclists to move out of their (the drivers') way, they should recognize that bicyclists riding responsibly in their own lane are the equivalent to a moving vehicle themselves such as the car the drivers are currently driving.
According to the Nevada Department of Motor Vehicles Nevada bicyclists should "obey the law, wear a helmet, wear brightly colored clothing and keep bikes in good repair." Additionally, bicycles ridden at night "must have: a white lamp in the front visible from at least 500 feet away, a red tail reflector visible in a vehicle's low beams from 300 feet away and reflective material on the sides of the bike visible in low beams from at least 600 feet away or a lamp visible from both sides from 500 feet away."
These basic precautions on the part of the bicyclist will help to ensure their safety by making them more visible to drivers. However, not all bicyclists follow these precautions. In order to help fight this negative trend, the Nevada Department of Public Safety has begun a program called the "Nevada Bicycle and Pedestrian Safety Education Program" whose mission is "is to prevent injuries to children and adults from bicycle and pedestrian crashes by training them with the knowledge and skills needed to be competent and safe in traffic." Their goal of administering traffic and bicycle safety programs through workshops and education programs will hopefully have a positive impact throughout not only Reno and Washoe County, but all of Nevada as well.
The NDPS's stated safety goals include increasing proper bicycle helmet use, increasing obedience to traffic laws by pedestrians, bicyclists or motorists, increasing walking or bicycle use as a substitute commute to school or work increasing physical activity and reducing negative environmental effects thereby promoting a healthier community, and increasing and packaging educational opportunities in such a way as to encourage [their] widespread application. How do they reach these goals? The Office of Traffic Safety (OTS) provides ongoing education and funding opportunities, as well as special events targeting safety. Their targets run the gamut of elementary school students on up to adults, in an attempt to educate all levels of bicyclists to greater levels of safety.
What does all of this mean for a bicyclist? Those bicyclists who are careful, aware and visible are doing the right thing. By keeping their bicycles tuned up and making themselves visible not only during the daytime, but also at night, they are presenting themselves to drivers and making a statement of "I am here. Please be aware of me and take the proper safety precautions." Hopefully with enough education, the proper use of safety equipment and the use of safety precautions Washoe County will become less of a "challenge" for bicyclists and become more of a bicycling haven.
Reno and Sparks police have indicated that they will step up enforcement of seat belt use, at least through the end of November.
The Reno Gazette reports that of 30,521 passenger vehicle occupant fatalities nationwide last year, 15,523 were not restrained.
Further, of those who were not restrained, 75 percent were killed.
Buckle up.
For more information
According to an article by the Better Business Bureau dated October 19, 2007, the number of drivers across the United States, but especially in Nevada, without insurance is higher than would be expected.
In a recent study by the Insurance Research Council, one out of seven at-fault drivers is uninsured. In Nevada this number rises even more with seventeen percent of drivers uninsured. This can be compared with a fourteen percent national average.
While the article does not go into details about why this is the case, it does offer some suggestions for any driver to protect himself in the event of an accident.
When a motorist is uninsured, the victim of the accident has the responsibility to pay for everything himself. The BBB recommends that every driver gets uninsured motorist coverage on their policy so that he can be protected from the majority of these high costs. It also suggests getting rental car coverage so the motorist does not have to be without a vehicle while it is being repaired.
The last recommendation of the article is for all motorists to get underinsured motor vehicle coverage. In the event that an at-fault driver only has the bare minimum coverage on their policy, the victim of an accident may still have to pay for some of the damages himself. Underinsured motorist coverage pays the difference between the at-fault driver's limits and the actual costs of the damages. It also gives protection to a motorist who hits a pedestrian.
To see the full article, go to http://reno.bbb.org/WWWRoot/SitePage.aspx?site=100&id=aba21efe-da25-4c75-ad61-2d30bbb646da&art=1431.
Nevada law requires that any driver involved in a traffic accident immediately stop his vehicle at the scene of the accident or, if his vehicle is obstructing traffic, to a location as close as possible. The law also requires that the driver of any vehicle involved in an accident file a report with the police department.
Assembly Bill No. 71 changes these laws. The bill clarifies the procedures for traffic accidents outlined in NRS 484.221 and modifies a requirement of NRS 484.223.
NRS 484.221 states that a driver involved in a traffic accident must move his vehicle if it is obstructing traffic. The bill changes the original statute to include the words: "As soon as reasonably practical." The bill also adds that the vehicle must be able to be moved "safely."
Assembly Bill No. 71 also adds a new section that changes NRS 484.223.
NRS 484.223 states that: "The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall... forthwith report such accident to the nearest office of a police authority."
The new bill changes this requirement and provides that: "A driver who moves or causes his vehicle to be moved...is not required to file a report pursuant to NRS 484.223 or 484.229." If a driver moves or causes his vehicle to be moved then that driver is no longer required to file a report.
Two planes collided on Friday, September 14, at the Reno National Championship Air Races, which makes this accident the third fatal crash in the last four days. In this accident, the pilot of one of the planes was killed and the other pilot was injured.
The victim has been identified as 51-year-old Gary Hubler of Caldwell, Idaho. Race officials say he was killed in the crash shortly after 9:30 this morning. The pilot of the other plane involved in the crash has been identified as Jason Somes of Simi Valley, California. He has been taken to Renown Regional Medical Center where his condition is not immediately known.
The Reno-Gazette Journal reported that there were two judges that were also injured in the accident, but this fact has yet to be confirmed. There were two other pilots that were killed earlier in the week; one accident was on Tuesday and the other fatal crash was on Thursday.
This death is the 18th fatality for the air races in its 44 year history. The incident today shut down the races for the rest of the day.
A woman driving her car under the influence of alcohol hit a pedestrian in Reno on Friday. The 48-year-old pedestrian died from her injuries at the hospital. She was crossing a street when she was hit.
The driver of the car, 27-year-old Jennifer Castillo was initially booked on charges of driving under the influence causing substantial bodily harm and failure to yield right of way to a pedestrian in a crosswalk.
Her only reported address is California.
The police are still investigating the accident. If you or a loved one has been injured in car accident and would like to speak with an attorney, please use the contact form on the right.
This is one of a number of articles that deal with basic legal concepts when you're in an accident in Nevada.
Accidents, like the challenges of life, aren't always straightforward, and defense attorneys are adept at making the most of complexity.
So what happens when you're in an accident and you may have some fault, too?
Nevada law is generally clear on this issue. N.R.S. 41.141 provides, in part, as follows:
41.141. When comparative negligence not bar to recovery; jury instructions; liability of multiple defendants
1. In any action to recover damages for death or injury to persons or for injury to property in which comparative negligence is asserted as a defense, the comparative negligence of the plaintiff or his decedent does not bar a recovery if that negligence was not greater than the negligence or gross negligence of the parties to the action against whom recovery is sought.
2. In those cases, the judge shall instruct the jury that:
(a) The plaintiff may not recover if his comparative negligence or that of his decedent is greater than the negligence of the defendant or the combined negligence of multiple defendants.
(b) If the jury determines the plaintiff is entitled to recover, it shall return:
(1) By general verdict the total amount of damages the plaintiff would be entitled to recover without regard to his comparative negligence; and
(2) A special verdict indicating the percentage of negligence attributable to each party remaining in the action.
Basically, this means that if your case ends up at an arbitration or a trial, you will be barred from recovery only if you are determined to be more than 50% at fault.
If you are determined to be 50% or less at fault, then whatever award you receive will be reduced by your percentage of fault.
The full text of this statute and others can be found at http://www.leg.state.nv.us/law1.cfm
You live in Arizona. You're driving in Nevada. You hit something in the road and your car flips. You're seriously injured and you sue the auto manufacturer (a Deleware company) and the car dealer (an Arizona company). Does Nevada law govern the case or Arizona law?
The Nevada Supreme Court clarifed this issue in General Motors Corp. v. Dist. Ct. 122 Nev. Adv. Op. No. 41(2006), a decision published a few weeks ago.
The Court overturned previous law and applied the Second Restatement of Conflict of Laws, section 145.
The Court stated that the Second Restatement's most significant relationship test begins with a general principle
that: the rights and liabilities of parties with respect to an issue in tort are governed by the local law of the state that, "with respect to that issue, has the most significant relationship to the occurrence and the parties under the principles stated in section 6." Section 6 identifies the following principles:
(1) A court, subject to constitutional restrictions, will follow a statutory directive of its own state on choice of law.
(2) When there is no such directive, the factors relevant to the choice of the applicable rule of law include
(a) the needs of the interstate and international systems,
(b) the relevant policies of the forum,
(c) the relevant policies of other interested states and the relative interests of those states in the determination of the particular issue,
(d) the protection of justified expectations,
(e) the basic policies underlying the particular field of law,
(f) certainty, predictability and uniformity of result, and
(g) ease in the determination and application of the law to be applied.
These principles are not intended to be exclusive and no one principle is weighed more heavily than another.]
Upon this basis, the Court held that in a scenario such as that presented above, Nevada law would apply against the manufacturer and Arizona law would apply against the seller.
Punitive damages are meant to punish intentional or exceptionally stupid (my term, not the legislature's) conduct.
Punitive damages are available in Nevada auto accident cases under certain limited circumstances. NRS 42.010 provides as follows:
42.010. Exemplary and punitive damages: Injury caused by operation of vehicle after consumption of alcohol or controlled substance
1. In an action for the breach of an obligation, where the defendant caused an injury by the operation of a motor vehicle in violation of NRS 484.379 or 484.3795 after willfully consuming or using alcohol or another substance, knowing that he would thereafter operate the motor vehicle, the plaintiff, in addition to the compensatory damages, may recover damages for the sake of example and by way of punishing the defendant.
2. The provisions of NRS 42.005 do not apply to any cause of action brought pursuant to this section.
http://nashville.injuryboard.com/motor-vehicle-accidents/google-earth-for-auto-accidents.phpMy fellow personal injury law blogger, Ray Runyon, in Nashville, Tennessee, provides a great idea for personal injury attorneys (and their clients) in his blog today.
Google Earth http://earth.google.com/ allows a user to input an address anywhere in the world and then "zoom in" to get a closer view and a real photograph of an accident scene. It can also be used, like Mapquest, to get directions.
This service is free, so the cost of obtaining an aerial photograph, even for a small case, is no longer an issue.
We'll be using those here at my firm in our next arbitration... Who, after all, would question the admissibility of anything Google?
The Reno Gazette Journal http://rgj.com reports today that residents are encouraged by our local government to go out and tie one on for St. Patrick's Day.
Well, more specifically, and with good intent: the Northern Nevada DUI Task Force and the Regional Transportation Commission are sponsoring free rides on Citifare to help reduce alcohol-related traffic accidents among St. Patrick's Day revelers tonight.
Servers and bartenders at the following businesses in Reno will provide bus passes at customer request:
Corrigan's Bit O' Ireland, 1526 S. Wells Avenue; Murphy's of Reno, 3127 S. Virginia St.; 50 Yard Line Bar & Grill, 400 S. Rock Blvd.; Fitzgeralds Casino-Hotel, 255 N. Virginia St.; Foley's Irish Pub, 2780 S. Virginia St.; Harrah's Reno, 219 N. Center St.; Lucke's Saloon, 1455 S. Wells Avenue; Mr. O's, 1495 S. Virginia St.; Napper Tandy's Irish Pub, 541 E. Moana Lane, Ryan's Saloon, 924 S. Wells Avenue; Shea's Tavern, 715 S. Virginia St.; Silver Peak Restaurant, 124 Wonder St. and 135 N. Sierra St. and 1099 Club, 1099 S. Virginia St.
Sparks establishments taking part are as follows:
Great Basin Brewing Co., 846 Victorian Avenue; O'Ski's Pub & Grille, 840 Victorian Avenue and Paddy & Irene's Irish Pub, 1218 Victorian Avenue.
Additionally, some streets will be closed to motorists today through Sunday for St. Patrick's Day celebrations, city officials said.
North Virginia Street between Second and Plaza streets and Commercial Row between Center and North Virginia streets are scheduled for closure through 8 p.m. Sunday. Fitzgeralds Casino-Hotel will have music, an arts and crafts fair and other activities.
Vesta Street from South Wells to Holcomb avenues also will be closed Friday afternoon for festivities at Rapscallion Seafood House & Bar.
Just watch yourself getting on the bus...
Did you know that many insurance companies use computers to evaluate your pain and suffering after an auto accident?
That's right: insurance adjusters review your medical records for various key pieces of information (information that they think is key) and plug that information into a computer program that calculates the value of your injuries.
While the distastefulness of this can be expounded upon all day, insurance companies were never known for their good taste or their compassion. Insurance companies are in the business of making money and to do that they have to keep as much of their money as they can.
Here are some helpful things to keep in mind when it comes to impressing an insurance company's computer.
Most companies look at the number of visits you make to a physical therapist or chiropractor. Additionally, most companies note and input various types of data regarding the following:
Delays or gaps in treatment.
How often medications were used and which medications were used.
Preexisting injuries.
Subjective complaints.
Objective findings.
Permanent impairment issues and whether they are supported by the medical chart.
Charting by your doctors and whether there are supportive entries.
Your prognosis upon completion of treatment.
Type of treatment: medical doctor, chiropractor, alternative care provider, etc.
Diagnostic test results.
Whether your pain radiated or radiates to other parts of your body (radiculopathy).
Plaintiffs attorneys work to humanize you to both insurance companies and to juries. It may not be clear whether anyone can feel your pain but you. One thing's for sure, though: a computer doesn't.
This article will cover some more ways in which insurance companies handle and defend auto accident cases.
Medical Bills
Insurance companies will always attempt to use your medical bills against you, often for the propositions 1) that you overtreated; and 2) that they should not be responsible for the cost of diagnostic tests that turned out negative.
Neither concept makes much sense. Insurance companies are generally in no position to assess or govern your medical treatment. Nevertheless, they frequently do just that. Moreover, it is illogical that an insurance company would complain about negative diagnostic test results. Diagnostic tests are ordered by doctors for medical reasons.
If you do not follow-through with an ordered test, and your case proceeds to litigation, you can assume that an insurance defense attorney will raise this issue in the context of a mitigation of damages defense. Nevertheless, when you do follow-through appropriately and tests come out negative, expect an insurance company to complain. I often ask claims adjusters why they are complaining: would they prefer, for instance, that a CT scan or an MRI were positive?
Note, too, that the amount of medical bills in an injury case are generally the primary factor used by an insurance company to evaluate claim value.
Delay in Treatment
Insurance companies also like to point out delay in treatment for the proposition that you were not seriously injuried. Ideally, auto accident victims should go to the hospital (if necessary) on the day of the accident or as soon as possible thereafter. Similarly, you should begin chiropractric treatment or physical therapy as soon as possible after your accident. Long delays in seeking treatment can give rise to numerous defenses including but not limited to a claim of intervening injury. Further, long delays between treatments can give rise to a mitigation of damages defense as well as a claim of intervening injury.
As a simple rule: get treatment as soon as possible after an accident and stick with that treatment until you are released by your doctor.
I've litigated auto accident cases in Nevada since 1988 and during that time I've seen patterns emerge in the way that insurance companies defend these cases. Here are some thoughts in that regard.
Body Damage
Insurance companies are fixated with the issue of body damage to your car after an accident. Or, more specifically, insurance companies often argue that severe damage to your car does not necessarily mean that you were severely damaged and insurance companies and their attorneys always argue that minimal damage to your car means that you were minimally damaged. While this approach is somewhat absurd, I counsel clients to be ready for a fight that will require medical testimony when physical injuries are significant and body damage is minimal.
Mitigation of Damages
There's an old doctrine of law known as mitigation of damages. Simply put, this means that you have to do what's in your power to minimize your damages. For example, if you can go back to work, you should. If you can't go back to the same job due to physical limitations, you should look for another job. Similarly, it's your obligation to seek out and get appropriate medical treatment so that you recover from your injuries as soon as possible. Absences from work due to an injury should be supported by medical evidence. In contested cases, expect a defense attorney to ask your doctor whether extended absence from work was excused and justified. While lost wages are frequently perfectly understandable, clients should be prepared to offer medical evidence that damages in this regard are justified.
I'll touch upon more issues related to how insurance companies defend cases in an article later this week.
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