As of February 2010, according to the Governor's Highway Safety Association, many states prohibit or limit the use of cell phones while driving.
The GHSA reports the state laws currently in effect:
- Handheld Cell Phone Bans for All Drivers: 6 states (California, Connecticut, New Jersey, New York, Oregon and Washington), the District of Columbia and the Virgin Islands prohibit all drivers from talking on handheld cell phones while driving.
- With the exception of Washington State, these laws are all primary enforcement--an officer may ticket a driver for using a handheld cell phone while driving without any other traffic offense taking place.
- All Cell Phone Bans: No state completely bans all types of cell phone use (handheld and hands-free) for all drivers, but many prohibit cell phone use by certain segments of the population.
- Novice Drivers: 21 states and the District of Columbia ban all cell use by novice drivers.
- School Bus Drivers: In 17 states and the District of Columbia, school bus drivers are prohibited from all cell phone use when passengers are present.
- Text Messaging: 19 states, the District of Columbia and Guam now ban text messaging for all drivers. Fifteen states, D.C., and Guam have primary enforcement. In the other four states, all driver texting bans are secondarily enforced. Some states have limited texting bans.
- Novice Drivers: 9 states prohibit text messaging by novice drivers.
- School Bus Drivers: 1 state restricts school bus drivers from texting while driving.
Nevada, however, is one of six states that has preemption laws that prohibit local jurisdictions from enacting cell phone and/or texting while driving bans.
The National Safety Council and the U.S. Dept. of Transportation announced a new, non-profit advocacy group, FocusDriven. The advocacy group's mission is to "Support victims of cell phone distracted driving and families of victims, and increase public awareness of the dangers of cell phone distracted driving by putting a human face on the disastrous impact of this behavior, in order to promote corresponding public policies, programs and personal responsibility."
A U.S. Dept. of Transportation news release states that "FocusDriven is a direct outgrowth of the September 2009 national Distracted Driving Summit in Washington, DC called by Secretary LaHood. Since the two-day meeting that brought together affected families, law enforcement, researchers, public officials and others, family members of distracted driving victims have worked to establish an advocacy organization with support from the Department of Transportation and the National Safety Council (NSC), a nonprofit organization that uses leadership, research, education and advocacy to prevent injuries and save lives. FocusDriven's new website, www.focusdriven.org, hosts information on distracted driving, help for victims and family members, and ways to get involved."
For more info on the new group and its vision, visit FocusDriven.org.
In Delgado v. American Family Ins. Group, 125 Nev. Adv. Op. No. 44 (October 1, 2009), the Nevada Supreme Court was faced with the question of whether the passenger in an automobile who is injured by the concurrent negligence of the drivers in a two-car accident "may recover under the permissive driver's insurance policy both liability benefits based on the policyholder's negligence and underinsured motorist benefits based on the other driver's underinsured status."
The plaintiff passenger had made a claim against both at-fault drivers' insurance policies and recovered the liability limits under those policies. She then made a claim against the permissive driver's underinsured motorist policy, alleging that the at-fault policies did not cover the extent of her damages.
The Court rejected the application of the anti-stacking rules under the Nevada case law. In Nevada, once a passenger has recovered under the vehicle owner's liability policy--whether that policy is the permissive driver's policy or the passenger's own policy--the passenger may not also recover under the owner's uninsured/underinsured motorist policy, although the guest passenger may stack their own UM/UIM coverage with the benefits they receive from the owner's policy. Baker v. Criterion Insurance, 107 Nev. 25, 805 P.2d 599 (1991).
Distinguishing the anti-stacking situation, the Court concluded that "a passenger who is injured by two concurrently negligent drivers may recover from both the permissive driver's single insurance policy liability benefits based on the permissive driver's negligence and underinsured motorist benefits based on the other driver's underinsured status."
The Court clarified that the antistacking rule under Nevada law was not implicated by this case. Thus, a passenger whose injuries are attributable to two jointly negligent drivers and who exhausts the liability limits of the permissive driver's policy without satisfying his damages may seek recovery under the permissive driver's underinsured motorist policy based on the other driver's underinsured status.
The Utah bus crash that killed nine and injured 43 others in January of 2008, was followed by an investigation into the cause of the accident. The National Transportation Safety Board (NTSB) concluded recently that driver fatigue was a contributing factor to the crash. More importantly, however, the Board concluded that the National Highway Traffic Safety Administration (NHTSA) failed to implement motorcoach passenger safety recommendations made by the NTSB in 1999 and that this failure was a contributing factor in the severity of the accident.
The recommendations made by the NTSB included on-board electronic recorders to monitor a driver's hours of operation and prevent fatigue, seatbelts to prevent passengers from being ejected in rollovers, stronger roofs and easy-to-open windows that don't shatter. Members of the NTSB are frustrated that the NHTSA has been so slow in implementing these safety standards. More recent accidents elicit the same concerns.
In January of this year a tour bus accident in Arizona killed 7 people and injured at least 10 others. It was reported that all but one of the passengers who died at the scene were ejected from the bus during the accident. It was also reported that the bus rolled at least once before stopping.
The bus accident that occurred just recently on April 29 in California killed 5 and injured dozens. Four of the passengers were ejected from the bus and fell over a guardrail some 60-70 feet onto a set of railroad tracks.
Both accidents call into question several of the proposed safety standards yet to be implemented by the NHTSA. Given that passengers were thrown from the bus in both accidents, it seems likely that the severity of the injuries sustained could have been mitigated if the NHTSA had implemented, at a minimum, the seatbelt regulations recommended by the NTSB a decade ago.
After an accident, a party will often accept a given sum of money for repairs in exchange for which he or she releases the right to sue for any and all present and future property damages arising out of that accident. If the indication to release liability for only property damage is not made clear, however, a party may also unknowingly sign away his or her right to sue for bodily injuries that may present themselves several weeks or months after an accident.
Common language in a Release of Property Damage includes a statement discharging a party from "any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever, which the undersigned now has/have or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, property damage and the consequences thereof resulting or to result from the accident, or event which occurred on or about [date of incident]."
Alone, however, this language leaves open the interpretation that the party is also signing away all liability for personal injury resulting from said incident.
There is an even greater risk of misinterpretation if the document includes further ambiguous language, such as indemnification from "any and all further liability, loss, damage, claims of subrogation and expense, arising because of any damages, and, if necessary, and, ... to satisfy on their behalf any judgment against them arising in any way out of aforesaid accident." Such language alone does not make it clear that the release is for property damage only.
A document purporting to release a party from property damage only should include a provision making such intention clear. For instance, the party can require acknowledgement that "this is a complete release of property damage only and it is understood and agreed that it does not constitute a release for any bodily injury resultant from this accident."
Without a clear indication that the release is for property damage only and not for bodily injury, titling a document "Release in Full of All Property Damage Claims" is not enough.
A safety alert in the February 2007 issue of Consumer Reports says at least two of the 12 infant car seats they investigated -- all of which come with packaging touting federal approval -- should be recalled altogether due to doubts about their safety in a frontal crash. The magazine's crash testers are investigating eight more seats after raising doubts about their ability to withstand a side impact. Asking "What if this were your child?", the magazine's original article reported dummy "infants" violently twisted within their seats, thrown within the carrier from the base of the seat, or flying 30 feet across the laboratory.
Only Two Seats Pass Side Crash Safety Test
In a January 5 interview with National Public Radio, Consumer Reports deputy editorial director Kim Kleman described the problem: The federal National Highway Traffic Safety Administration requires most new passenger vehicles sold in the U.S. to be able to withstand a head-on crash at 30 mph, a head-on crash at 35 mph and a side impact at 38 mph. However, the NHTSA requires that infant car seats be able to withstand only a 30-mph head-on collision. When a team from Consumer Reports tested 12 car seats using the more stringent standards applied to cars, only two seats protected their "infant": the Graco SnugRide with EPS and the Baby Trend Flex-Loc.
Corrections Don't Affect Call For Action
Since its initial testing, Consumer Reports has issued a correction to its side-impact tests, saying a consultation with the NHTSA suggested that the speed of those tests was not accurate. A Jan. 18 press release from the NHTSA said the group's side-impact tests were simulated at 70 mph, twice as fast as they claimed. Until it has results from new tests, the magazine said in a press release, it must withdraw its report. However, the magazine stands by its call for a recall of the Evenflo Discovery seat, saying it did not protect its dummy even during the frontal crash test, and of the Eddie Bauer Comfort seat, which the testers found impossible to install properly. The Discovery has also been the subject of an NHTSA investigation, the magazine noted, after the agency received seven reports of the carrier coming apart in an impact.
"When the car seat does not meet the crash that the car can, that baby is actually the least protected passenger in your vehicle," Kleman told NPR. "We think that this is an outrage. We think that the federal standard absolutely needs to be raised for car seats."
Car seats sold in Europe performed better in the crash tests, Consumer Reports found, noting that European Union safety regulations are stricter than those in the United States and often include a side-impact test.
For more information and the full article, please click here.
Although the best practice is to avoid driving in hazardous winter weather, that does not always coincide with life's necessities. When driving in bad winter weather is unavoidable, allow the snow plows time to clear the roads and lay out salt and sand. Also, be sure to leave extra travel time. When conditions become icey, try to heed the following advice:
Driving safely on icey roads:
1. Decrease your speed and leave yourself plenty of room to stop. You should allow at least three times more space than usual between you and the car in front of you.
2. Brake gently to avoid skidding. If your wheels start to lock up, ease off the brake.
3. Turn on your lights to increase your visibility to other motorists.
4. Keep your lights and windshield clean.
5. Use low gears to keep traction, especially on hills.
6. Don't use cruise control or overdrive on icy roads.
7. Be especially careful on bridges, overpasses and infrequently traveled roads, which will freeze first. Even at temperatures above freezing, if the conditions are wet, you might encounter ice in shady areas or on exposed roadways like bridges.
8. Don't pass snow plows and sanding trucks. The drivers have limited visibility, and you're likely to find the road in front of them worse than the road behind.
9. Don't assume your vehicle can handle all conditions. Even four-wheel and front-wheel drive vehicles can encounter trouble on winter roads.
For more winter weather driving tips please go here.
According to the Associated Press, Reno Police are making greater efforts to enforce the use of seat belts by actively seeking out violaters of Nevada's law requiring automobile passengers to buckle up.
KTVN Reno News reports:
Reno police and other Nevada law enforcement agencies are stepping up enforcement this month of seat belt laws.
Using state public safety grant money, Reno police will conduct saturation patrols looking for people who aren't buckled up or violate other traffic laws.
Authorities say using seat belts saves lives and reduces traffic accident injuries.
Seat belt violation fines can cost as much as $115 for a driver with passengers under the age of 18 who are not properly restrained.
Reno police issued 144 tickets for seat belt violations during a similar two-week campaign in May.
The New York Times fielded questions for "Traffic" author Tom Vanderbilt.
Several of the answers were of particular relevance to Nevada drivers.
"Keep to the right, pass only on the left" laws
Q. After driving in Europe -- mostly Germany -- for a number of years, I'm convinced that most highway congestion problems in the United States are caused by failure to observe or enforce "keep to the right, pass only on left" laws. Traffic flows smoothly on autobahns because slow vehicles stay in the right lane. Faster drivers always have the right of way. It works beautifully! Your thoughts? -- Fred Bothwell
A. The autobahn is tricky for direct comparison because a) there often is congestion; b) they have automated speed limits in some sections, so when traffic is forming all lanes are forced to slow; and c) there's a much different vehicle mix -- fewer drivers in general, and a richer driver population -- including no trucks on Sunday. The roads, owing to higher taxes, are typically better maintained and suffer less from construction delays.
There's also the obvious logical fallacy of worrying about "keep right" laws when the person concerned about such laws is violating the speed limit law by 15 m.p.h. or higher. Also, in heavy traffic, during which, incidentally, the left lane often clogs first, there's a social question here: because the highway handles the most vehicles per hour at 55-60 m.p.h., why should a lane be given over to fewer drivers who want to go faster when that negatively affects the remaining flow? (echoes of the H.O.V. lane here).
That said, even for drivers going within relative bands of the speed limit, but with slightly different speeds, there's a good logic to assigning some order to those speeds, in the same way there's a logic to doing this on things like people movers on airports (one of my pet peeves is the "road hogs" who treat it like a place to stand, blocking all the "lanes"). But in traffic there are always weird exceptions, like an exit or entrance on the left, etc. There's also the notion that someone is always going to want to go faster than someone else, so it raises the question of that one person's desire is really equivalent to the cost of all the other people having to make lane changes, raising the crash risk for every other driver.
55 m.p.h. Speed Limit in light of increasing gas prices
Q. In light of current gas prices and the likelihood of ongoing increases, do you think bringing back the 55 m.p.h. speed limit is a good idea? Do you think it feasible? -- Stephen
A. As this debate could fill an entire book, I'll just say if you're interested in reducing fuel usage (and thus prices) and road casualties, it's a good idea. On the feasibility question, I think we'd need much, much higher fuel prices, speed governors or I.S.A. (intelligent speed adaption) technology in cars, or automated speed camera rollouts. Appealing to people's altruism or common sense (e.g., burning less fossil fuel) seems to fail as an abstract principle, in traffic as elsewhere.
"Anti-civility suit"
Q. Mr. Vanderbilt, do you believe, as I do, that as many people enter their vehicles they feel they're putting on a kind of "anti-civility suit" that somehow absolves them of all requirements to function as polite, humane participants in society? -- Sixto Fernandez
A. By all means. Walt Disney got at this brilliantly in Motor Mania, the 1950 short that shows Goofy changing from "Mr. Walker" to "Mr. Wheeler." I think the reasons are varied, ranging from the sensorial isolation of being in a car to lingering class issues to anonymity and lack of feedback or consequences for acting rudely in traffic, to the very stress of driving itself, amongst other things. Of course, some people simply act in the car like they do off-road. It's been shown, for example, that people with more off-road criminal violations are more likely to commit on-road violations.
For more of Vanderbilt's discussion, in which he addresses roundabouts, geographical differences in honking behavior, ramp meters, and traffic light timing, check out the full question/answer session here.
From the Reno Gazette Journal Today:
Local law enforcement agencies launch a region-wide drunk driving enforcement campaign beginning Monday that will consist of saturation patrols through Labor Day weekend.
Law enforcement officers urge people who drink to do so responsibly and not drive while under the influence. Instead they can use public transportation like a bus or taxicab or having non-drinking, designated drivers to prevent alcohol-related deaths or injuries. Most drunk drivers come from neighborhood bars and individual parties, Sgt. Pat Dreelan of the Reno Police Department traffic division said in a statement.
There were 1,592 DUI arrests by Reno police officers in 2007, a significant increase over the 1,014 arrests in 2006, the statement said. Reno police say this is noteworthy because about half of the 14 fatal vehicle accidents in the city of Reno in 2007 involved drugs or alcohol.
First time DUI offenders face penalties that can include arrest, impounding of the vehicle being driven, two days to six months in jail or community service, a fine of $400-$1,000.00, a chemical test fee, attending DUI school or substance abuse treatment, and participation before a victim impact panel. In addition, first-time offenders can have their drivers license revoked and have to pay license reinstatement and other related feeds and may see a substantial increase in vehicle insurance fees, if the insurance carrier retains the individual as a client. A DUI arrest and or conviction remain in criminal history files for the rest of the individuals life, and convictions and license revocations also remain in an individuals DMV record for the rest of their life. Repeat DUI offenders face increased penalties.
Law enforcement officers suggest people help law enforcement by reporting drivers who may be under the influence. When a potential drunk driver is seen the vehicles license plate number and vehicle description should be reported to dispatch by calling 334-COPS.
In an effort to provide consumers with more complete safety information and encourage car manufacturers to design safer cars, the U.S. Department of Transportation has revised its five star rating system.
The changes include reporting an overall safety rating, taking into account an automobile's performance in frontal, side, and rollover tests, instead of just reporting those results separately. A new side poll test will simulate an automobile collision with a tree.
For the first time, female crash test dummies will be tested, to represent women and larger children, and a new test for leg injuries will be implemented.
The updated system will include ratings for new technologies, such as electronic stability control, lane departure warning systems, and forward collision warning systems.
The changes in vehicle testing will be implemented beginning with 2010 model automobiles.
For more information, visit the National Highway Traffic Safety Administration
KCTV.com posted an interesting article discussing dangerous automobiles.
While the greater likelihood of rollovers make SUVs, vans, and pickups more hazardous in single vehicle crashes, smaller cars have a disadvantage in multi-car accidents.
Keep reading for the full text of the article, entitled "20 Most Dangerous Autos Named: SUVs, Small Autos Increase Risk for Drivers."
Want to stay safe as you navigate the open --or congested -- road? You may want to avoid certain vehicles.
Some cars are considered unsafe because of a lack of safety features, others because young, risky drivers seem to gravitate toward them.
One example of a vehicle that gets a bad rap is the Nissan 350z, because it has a death rate that is nearly double the rate for other sports cars. The reason for this isn't a lack of safety; it's that young, inexperienced and risky drivers are frequently behind the wheel when these cars are involved in fatal crashes.
"When they're in crashes, they're particularly serious ones," said Russ Rader, communications director for the Insurance Institute for Highway Safety.
Experts look at side-impact protection, stability control and rollover risk when assessing vehicles in order to predict safety. The 20 most dangerous vehicles compiled here were assessed in this way by Forbes.com.
The vehicle that tops the list could make Tiger Woods blush. The Buick Rendezvous -- Woods is a spokesman for the vehicle -- is ranked as the least safe vehicle available in the U.S. Its followed by other SUVs including Ford Escape, Mercury Mariner, Jeep Liberty and Nissan Xterra.
"What makes a vehicle unsafe today is a lack of side-impact protection," said Radar. "Whiplash is not a life-threatening injury, but head injuries -- from side impact -- are commonly life-threatening."
Because of this danger, side-curtain bags are mandatory for all 2009 autos. The National Highway Traffic Safety Administration suggests that these will help reduce fatal head injuries caused by side-impact crashes by 45 percent. This safety measure could potentially save 1,000 lives anually.
Autos need more than just head-protecting airbags. A well-built side structure that can handle an impact from vehicles of different heights is essential for safety. This brings up an important side note: larger vehicles are at an advantage in a crash, especially when the crash involves small, light vehicles like a Toyota Yaris or Chevrolet Cobalt. Other light autos at risk include Suzuki Forenza, Pontiac G5, Toyota Scion tC, Ford Focus, Suzuki Reno, Chevrolet Aveo, Kia Rio, Toyota Matrix and Hyundai Accent.
However, those small cars may be at an advantage in another area. Their handling and maneuverability can help avoid an accident if the driver is alert.
"A more nimble, better-handling vehicle is likely going to be easier to control in an emergency and help the driver avoid the dangerous situation," said John Linkov, managing editor of Consumer Reports.
Before you rush out to buy the biggest SUV you can find, it's important to know that SUVs and pickups are at a noticeable disadvantage when involved in single-vehicle accidents -- when the driver swerves to miss an object or animal, or falls asleep behind the wheel. The danger is that these vehicles have an increased -- more than double - chance of rolling over.
In this type of accident, SUVs and pickups have more than double the chance of rolling over, according to NHTSA data. This risk relates closely to overall federal fatality data, showing that SUVs and pickups generally have a higher fatality rate than cars of a similar weight.
Technological advances have been made to help counteract these dangers. Electronic stability control systems, which apply brake pressure where it is most needed to prevent loss of vehicle control, have become more common among non-luxury vehicles. The NHTSA calls this advance "the most significant since the seat belt," and the federal government is requiring that all new cars have the feature, starting in 2012. This mandate is estimated to be able to prevent over 9,000 auto fatalities each year.
"Electronic stability control is one of those rare safety features that's having a dramatic effect on saving lives," said Rader. "Stability control alone can reduce the risk of fatal single-vehicle crashes by 56 percent. And it can reduce fatal single-vehicle rollovers by 80 percent for SUVs, 77 percent for passenger cars."
SUVs and small autos aren't the only vehicles to be wary of.
"Pickups have a rollover problem," said Radar. "They have a high center of gravity and a high propensity to roll over." And making matters worse, "They're the laggards in electronic-stability control," he said. Pickups ranked as most dangerous include Ford Ranger, Nissan Frontier and Dodge Dakota.
Any vehicle, even the safest autos on the road, can be dangerous if it's not used as it was intended. Poorly trained drivers can increase the risk.
Information on this report is based on available data by the IIHS, covering 2001 to 2004 models. Some manufacturers have made significant changes and/or redesigns of vehicles.
http://www.kctv5.com/automotive/15856467/detail.html
A quick look at www.safercar.gov sheds lights on the significant dangers of "rollover" automobile accidents, information particularly relevant for Nevada drivers, especially those who do a lot of driving in the mountains or on rural roads.
Rollovers are not the most common type of automobile accident, but they often cause the most serious injuries. While rollovers account for only 3% of accidents, nearly 33% of fatalities in passenger vehicle accidents are caused by rollovers.
In 2002, over 10,000 people died in rollovers. Of those 10,000, 72% were not wearing seatbelts.
What Causes Rollovers?
SUVs have a reputation for causing rollover accidents, and with reason. The taller and narrower a vehicle, the more likely it is to rollover. SUVs, pickup trucks, and vans fit this description.
However, vehicle type is not the only factor leading to rollover accidents. All vehicles can rollover, and driving behavior plays the largest factor. 85% of rollover fatalities were single vehicle accidents.
Speeding: 40% of fatal rollovers involved excessive speeding, and almost 75% of fatal rollovers occurred in speed zones of 55 mph or greater.
Alcohol: Nearly 50% of fatal rollovers involve alcohol.
Rural roads: Rollovers are more common on rural roads, especially those with a speed limit of 55 mph or greater.
Minimizing Your Risk
The site lists some tips to minimize the risk of rollover and minimizing injury:
MAINTAIN YOUR TIRES
Improperly inflated and worn tires can be especially dangerous because they inhibit your ability to maintain vehicle control, the most important factor in reducing the chance of rollover. Worn tires may cause the vehicle to slide sideways on wet or slippery pavement, sliding the vehicle off the road and increasing its risk of rolling over. Improper inflation can accelerate tire wear, and can even lead to tire failure. It is important to maintain your tires properly, and replace them when necessary.
LOAD VEHICLES PROPERLY
Consult your vehicle's owner's manual to determine the maximum safe load for your vehicle, as well as proper load distribution. If you're using a roof rack, pay special attention to the manufacturer's instructions and weight limits. Any load placed on the roof will be above the vehicle's center of gravity, and will increase the vehicle's likelihood of rolling over.
AVOID PANIC-LIKE STEERING
Many rollovers occur when drivers overcorrect their steering as a panic reaction to an emergency--or even to a wheel going off the pavement's edge. At highway speeds, overcorrecting or excessive steering can cause the driver to lose control, which can force the vehicle to slide sideways and roll over.
For more information, check out www.safercar.gov
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 ponÂderous. 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 posÂsible 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 everyÂone will not react the same to medications. Furthermore, a drug can affect one person differently in difÂferent 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 conÂtains 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, preÂscription 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 concentraÂtion 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.
Sometimes an understanding of the law can help to prevent an automobile or motorcycle accident. Ever wonder about the law that pertains to vehicles approaching crosswalks? In Nevada, there are both statutes and ordinances that apply.
For instance, Nevada state law provides the following:
NRS 484.325 Right-of-way in crosswalk; obedience to signals and other devices for control of traffic. Except as otherwise provided in NRS 484.327, 484.328 and 484.356:
1. When official traffic-control devices are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be so to yield, to a pedestrian crossing the highway within a crosswalk when the pedestrian is upon the half of the highway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the highway as to be in danger.
2. A pedestrian shall not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
3. Whenever a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle until the driver has determined that the vehicle being overtaken was not stopped for the purpose of permitting a pedestrian to cross the highway.
4. Whenever signals exhibiting the words "Walk" or "Don't Walk" are in place, such signals indicate as follows:
(a) While the "Walk" indication is illuminated, pedestrians facing the signal may proceed across the highway in the direction of the signal and must be given the right-of-way by the drivers of all vehicles.
(b) While the "Don't Walk" indication is illuminated, either steady or flashing, a pedestrian shall not start to cross the highway in the direction of the signal, but any pedestrian who has partially completed his crossing during the "Walk" indication shall proceed to a sidewalk, or to a safety zone if one is provided.
(c) Whenever the word "Wait" still appears in a signal, the indication has the same meaning as assigned in this section to the "Don't Walk" indication.
(d) Whenever a signal system provides a signal phase for the stopping of all vehicular traffic and the exclusive movement of pedestrians, and "Walk" and "Don't Walk" indications control pedestrian movement, pedestrians may cross in any direction between corners of the intersection offering the shortest route within the boundaries of the intersection when the "Walk" indication is exhibited, and when signals and other official traffic-control devices direct pedestrian movement in the manner provided in this section and in NRS 484.283.
The Las Vegas Municipal Code adds the following:
11.30.020 Right-of-way--Darting before vehicles.
When traffic-control signals are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite one-half of the roadway as to be in danger, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. A pedestrian's right-of-way in a crosswalk is modified under the condition and as stated in Section 11.30.060.
11.30.030 Passing vehicle stopped at crosswalk.
Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
11.30.040 Right half of crosswalks.
Pedestrians shall move, whenever practicable, upon the right one-half of crosswalks.
11.30.050 Route of crossing roadway.
No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb except in a crosswalk.
11.30.060 Crossing outside crosswalk.
(A) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
(B) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
(C) The foregoing rules in this Section shall have no application under the conditions stated in Section 11.30.070 when pedestrians are prohibited from crossing at certain designated places.
11.30.070 Crosswalk use required when.
(A) Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a crosswalk.
(B) No pedestrian shall cross a roadway other than in a marked crosswalk or within an unmarked crosswalk in a central traffic district or in any business district.
Similarly, the Reno Municipal Code states:
Sec. 6.06.350. Right-of-way in crosswalks.
(a) Except as provided in section 6.06.365, when official traffic-control devices are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be so to yield, to a pedestrian crossing the highway within a crosswalk when the pedestrian is upon the half of the highway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the highway as to be in danger.
(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
(c) Whenever a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle until such driver has determined that the vehicle being overtaken was not stopped for the purpose of permitting a pedestrian to cross the highway.
(d) Whenever signals exhibiting the words "Walk" or "Don't walk" are in place, such signals shall indicate as follows:
(1) While the "Walk" indication is illuminated, pedestrians facing the signal may proceed across the highway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles.
(2) While the "Don't walk" indication is illuminated, either steady or flashing, a pedestrian shall not start to cross the highway in the direction of the signal, but any pedestrian who has partially completed his crossing during the "Walk" indication shall proceed to a sidewalk, or to a safety zone if one is provided.
(3) Whenever the word "Wait" still appears in a signal, such indication has the same meaning as assigned in this section to the "Don't walk" indication.
(4) Whenever a signal systems provides a signal phase for the stopping of all vehicular traffic and the exclusive movement of pedestrians, and "Walk" and "Don't walk" indications control such pedestrian movement, pedestrians may cross in any direction between corners of the intersection offering the shortest route within the boundaries of the intersection when the "Walk" indication is exhibited, and when signals and other official traffic control devices direct pedestrian movement in such manner as provided in this section and in section 6.06.075.
Sec. 6.06.355. Use of right half of crosswalks.
Pedestrians shall move, whenever practicable, upon the right-half of crosswalks.
A Reno Gazette-Journal study of state and federal accident data shows accident rates among Nevada's teen drivers are increasing, with a particular increase among the state's 17-year-old drivers. Fifteen-year-old drivers also showed high accident-rate increases.
The Gazette-Journal reported that this problem appears to be particularly bad in Washoe County, where the accident rate for teen drivers is well ahead of the rate for teen drivers in the rest of the state. The percentage of those accidents that are resulting in injuries is also climbing. In 2002 -- the last year for which complete records were available -- Washoe teen drivers' injury accident rate when they had teen passengers on board was nearly twice the statewide rate.
The number of passengers being injured in these accidents is increasing as well. The injury rate when the injured passenger is a teen jumped 20 percent from 2000 to 2002 and the injury rate when the passenger is either an adult or a child doubled between 1999 and 2002.
Five years ago, Washoe's teen drivers' accident rate was just 2 percent higher than everyone else's. But by 2002, more than 1 in 5 teen drivers in Washoe County were having driving mishaps. Their accident rate of 20.79 percent was more than 10 percent higher than the rest of the teens in the state.
Although that's discouraging, it was an improvement; in 2001 the accident rate for Washoe's teens was almost 18 percent higher than their counterparts elsewhere in Nevada.
The accident rate for 17-year-olds in Nevada is the highest of any age group in the state -- 10 percent higher than 16-year-old drivers and nearly three times the rate for 15-year-old drivers.
Seventeen-year-olds have the highest accident rates for all categories measured -- injury accidents, property-damage-only accidents and fatal accidents. The only good news: 17-year-olds' rate for DUI-related accidents was lower than all groups except 16-year-olds and was half the rate of the leaders -- 22-year-old drivers.
The Reno-Gazette Journal reports that while the rate at which driving under the influence of alcohol or drugs jumped 43 percent for 17-year-olds from 2000 to 2001, the rate declined in 2002, a trend that held true for all other teenage groups.
The Gazette-Journal's study found that the trend reverses itself as soon as drivers turn 20: The rate at which DUI contributes to accidents leaped 34 percent among 20-year-old drivers from 2001 to 2002 and 27 percent among 21-year-olds. These increases come after years of decline or only small increases.
The number of DUI-related accidents involving 20-year-olds also is climbing in Washoe County. The severity of those accidents also is climbing; the percentage of DUI-related mishaps that result in injuries jumped from 33 percent in 2001 to 52 percent the following year.
The newspaper's analysis also illustrates why insurance companies charge teen drivers more: Teen drivers are much more likely to have an accident than drivers in their 20s. Although the accident rate for 20-24 year-old drivers has remained steady at about 10 percent annually, the accident rate for teen drivers has climbed to almost twice that rate -- 18 percent in 2002.
Teen drivers are more likely to have passengers aboard when they have a fatal accident than older drivers, the newspaper analysis found.
The percentage of injury accidents when a teen driver has teen passengers is much higher in Washoe County than it is for the state as a whole. And the disparity is getting worse: Washoe's rate of 35 percent in 2002 was nearly twice the statewide rate of 18 percent.
Increasingly it is the passenger who is getting injured. Both the total number of injured passengers and the per-capita rate are climbing. The injury rate when the injured passenger is a teen jumped 20 percent from 2000 to 2002 and the injury rate when the passenger is either an adult or a child has doubled between 1999 and 2002.
My clients often want to know what sort of compensation they are legally entitled to claim after an accident.
Injuries from automobile accidents often have catastrophic consequences. Serious injuries can be disabling, and may affect not only the injured person but his or her family members as well. Even relatively minor injuries that necessitate lost time from work and medical care can have a great impact on a family.
In Nevada, a wrongfully injured person, and, in certain cases, his or her family members, may be entitled to compensation for injuries incurred in automobile, truck, motorcycle and pedestrian accidents.
Claimed compensation may include::
-Medical expenses already incurred
-Medical expenses to be incurred in the future
-Physical pain
-Mental suffering
-Loss of, or destruction to, property
-Loss of enjoyment of life
-Permanent physical disability
-Lost wages
If the person ("tortfeasor") who caused the accident has insufficient insurance, or is not insured at all, a victim is entitled to compensation from his own insurance company if he has uninsured/underinsured coverage. In some situations there are other policies of insurance (policies of other family members, employers, etc.) that may provide benefits.
Experienced personal injury attorneys evaluate damages carefully and claim the full universe of legitimate potential damages on behalf of a client.
This is another in a series of articles that deal with the basic legal concepts that apply when you're in an automobile accident in Nevada.
Ever wonder whether it's necessary to show another driver your license after you're both in an accident? Some might think that this is a matter of courtesy. In fact, it's the law.
N.R.S. 484.223 requires that drivers who are involved in auto accidents cooperate with each other and with the police and provides:
484.223. Duty to give information and render aid
1. 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:
(a) Give his name, address and the registration number of the vehicle he is driving, and shall upon request and if available exhibit his license to operate a motor vehicle to any person injured in such accident or to the driver or occupant of or person attending any vehicle or other property damaged in such accident;
(b) Give such information and upon request manually surrender such license to any police officer at the scene of the accident or who is investigating the accident; and
(c) Render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary, or if such carrying is requested by the injured person.
2. If no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsection 1 and NRS 484.219, insofar as possible on his part to be performed, shall forthwith report such accident to the nearest office of a police authority or of the Nevada highway patrol and submit thereto the information specified in subsection 1.
The statute thus requires not only that driver's cooperate with each other, but also that they render aid to one another in appropriate circumstances. There will be more on the legality of rendering aid in future columns.
To access this statute and others, you can view the Nevada Legislature's law library at http://leg.state.nv.us/law1.cfm
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