Category Archives: Car or Motor Vehicle Accidents

Why Do Vehicle Recalls Take So Long?

car-truck-accidentThe Lengthy Process behind Vehicle Recalls

When there are defects in the manufacturing process, automobiles may be recalled. Determining the need for a recall is a lengthy process, which is why many recalls take months or even years to begin.

When motorists believe there is a safety issue with the a vehicle, they often report their concerns to the National Highway Traffic Safety Commission. After a certain number of complaints have been filed, the agency may alert automakers there is a possibility a vehicle has a defect. From there, an investigation takes place to determine whether further action needs to be taken.

Many times, car manufacturers initiate a recall on their own; however, the National Highway Traffic Safety Commission may also force automakers to recall vehicles if they pose a serious safety risk. Consumers may also petition this agency to conduct their own investigation into defective vehicle components if they believe a manufacturer isn’t responding appropriately.

If an investigation shows that a potential problem exists, an engineering analysis is then performed to confirm this fact. During this stage of the process, a potential solution to the problem may also be sought. Once automakers are confident they understand the problem and have an appropriate remedy for it, a recall is then initiated.

Consumers can find out about recent recalls by visiting the official website of the National Highway Traffic Safety Commission,http://www.nhtsa.gov/. Those who have suffered an injury due to a defective vehicle may have a remedy available to them under the law and should immediately contact a lawyer.

When Public Transportation Isn’t So Safe

Many people regularly take public transportation in Las Vegas because it is convenient and safe. While this may be true most of the time, there are occasions when public transportation is not so convenient or safe. Unfortunately, public transportation accidents do occur, and when they are caused by negligence, passengers may be able to recoup damages.

In an effort to increase profit margins, some companies may skimp on routine maintenance. They may ignore necessary repairs, and this can lead to vehicles that do not operate properly. Passengers who utilize public modes of transportation are normally unaware the proper maintenance has not been done, and rely on these vehicles for safe passage in an around the Las Vegas area.

Other times, the drivers of public transportation vehicles drive in an unsafe manner. Driving while under the influence of certain prescriptions or while fatigued is not an uncommon practice. These drivers might also become distracted by cell phones, iPods, or navigation systems, thereby causing an accident to occur.

If you’ve been injured on public transportation, your first consideration should be your safety and well being. Seek medical attention if necessary and then make plans to contact a Las Vegas personal injury attorney who can advise you of your legal rights. Even if you’re from out of town, you could have a remedy available to you under Nevada law.

Give us a call if you have been involved in an injury from a public transportation entity, you could be entitled to damages!

Another Texting and Driving Accident

Woman Injures Construction Workers after Texting while Drunk

 

A 20-year-old woman was arrested late last year after she caused an accident in a Reno construction zone while texting and driving. The driver, who was also intoxicated at the time, was arrested and charged with driving under the influence, minor in possession, and driving with a suspended license in addition to the texting charge.

 

According to police, the driver was operating her vehicle in a construction zone on Interstate 580 south when she crashed into some construction equipment that had been placed inside a controlled area. Upon impact, one wheel fell off of her wheel and struck one of the workers there. In all, two people were injured as a result of this accident and had to be transported to a local hospital. The driver was not injured during the incident.

The state of Nevada has enacted a law that makes it illegal to use a cell phone while driving unless it is a hands-free device. Texting and driving is never allowed, even in emergency situations. Nevada’s cell phone statute allows officers to pull drivers over for violating the ban, even if they are not committing another traffic offense at the time.

Please don’t text and drive as you are putting yourself and other at risk.

Can We Learn From the Tragedy of Others? — Child Car Seats

Do not use this style of seat for a child under 40 pounds

In the news recently was the tragedy that affected a local family.  A child was riding in her father’s vehicle at the intersection of Eastern Ave and Pebble Rd.  Her father was critically injured in the accident.  We are not yet certain of all the details of this particular accident, but we do know the child was in a booster seat and not in a car seat with a built in harness.

One of the unfortunate problems in accidents like this, is there are people who are using safety equipment they falsely believe will help them in the time of greatest need.  The consequences of using the wrong equipment can be life or death.   Authorities acknowledge in this particular case, it may not have changed the outcome, but for many families it would, so knowledge is the key.

In the midst of tragedy, what can we do? 

Obviously, keeping this family in your thoughts and prayers is a good place to start.  However, if you have children, it may be an opportunity to evaluate your own car seat situation and see if improvements can be made for the safety of your child.

Experts on car seat safety say a child who is under 40 pounds should never be placed in a booster seat as the safest option.  For small children, a better option is using a car seat with built in harnesses.  Most consumers are not taught the difference between what is legal and what is safe; so they make an invalid assumption that if a seat is legal it must be a safe option for a child.  There is little room for error when it comes to a collision, so having the best safety option is paramount to secure your child’s well being.

If you need an in-depth set of guidelines to help keep your family safe in an accident, the American Society of Pediatrics has web page giving their recommendations that can be found here.

As always, if you have been in an accident or injured, please call the office of Ed Bernstein to discuss the details of your case. 

Big Rig Accidents – What Every Trucker Should Know

Although trucking companies may try to ensure driver safety, trucking accidents are nonetheless commonplace in and around Las Vegas. Commercial Driving while fatigued or under the influence of alcohol or drugs often results in collisions with passenger automobiles, thereby causing devastating injuries or even death. The investigations into such accidents are often complex because there are unique rules that govern trucker safety while on the road.

Accidents between truck drivers and other motorists do not always result solely from negligence on the part of the trucker. Automobile operators sometimes follow too closely or pull out in front of a trucker, thereby resulting in an accident. Even though a trucker is not solely at fault, an investigation must nonetheless take place and could result in a temporary suspension of that individual’s commercial driver’s license.

Truck drivers also stand to lose a great deal financially if accident victims are awarded a cash settlement to compensate for their injuries.

Talking with a personal injury attorney is one way to find out what legal rights injured drivers may have against commercial drivers in trucking accident cases in the Las Vegas area.

No Dram Shop Laws and Why You Should Care

Lack of Dram Shop Laws can Spell Disaster for Accident Victims

Throughout much of the country, dram shop laws have been enacted to protect those who are injured by a drunk driver. Individuals can normally recover damages from establishments such as bars and restaurants if it can be shown that a bartender knowingly served too much alcohol to a patron. This is not the case in Nevada, as this state has failed to enact dram shop laws that provide this protection. As such, those who are injured as a result of a drunk driver have fewer resources to rely on for compensation.

The lack of dram shop laws in Nevada primarily stem from the fact that this state relies heavily on the gaming and tourism industry. By protecting these entities, legislators here feel they are helping to keep the local economy stable, particularly in Las Vegas. Even so, the lack of protection means that ordinary citizens might be at greater risk of injury than in other tourist hotspots across the nation.

Those who have been injured in a drinking and driving accident in and around Las Vegas should contact a personal injury attorney for more advice.

Distracted Driving Increases Risks for Accidents in Las Vegas

Avoiding Auto Accidents by Limiting Driving Distractions

Distracted driving is a serious concern, and while it is becoming more recognized in light of rampant cell phone use, it’s important to recognize that there are many types of distractions that can lead to auto accidents. Avoiding distractions isn’t always possible, but there are many precautions that you can take in order to limit your risk of injury in a crash. Staying safe on the road means driving defensively, and limiting your distractions is one of the best defensive driving measures that you can take.

Cell phone use is one of today’s top safety issues. Distractions range from text messaging to holding a phone in one hand while driving with the other. While Nevada law requires that any cell phone activity be hands free, there are still challenges in enforcing the policies and restrictions. Your responsibility in avoiding accidents is to commit to not using your cell phone while driving. It’s tempting to check that text message or to listen to a voice mail, but even at stop lights this can divert your attention from road conditions.

Maps can be very distracting to drivers. Whether you are checking your GPS or looking at a paper map, you should pull to the side of the road in order to do so. Trying to focus on a map while still moving is dangerous to both you and to other motorists

Food and drinks can be unexpectedly distracting. While many motorists consume both while driving, a slight slip can create havoc. It’s wise to do your eating and drinking while not driving.

If you are a victim of a collision due to someone not paying attention to these warnings, you may qualify for financial compensation. Call Edward M Bernstein and Associates for a free consultation.

Do You Have Sufficient Automobile Insurance in Case of an Accident?

Auto Accidents and Insurance Coverage: Is Your Policy Adequate?

Auto accidents can be devastating. Most families rely on their automobiles for transportation to work, school and activities. A single event can turn the family schedule upside down. Worse, resulting injuries can lead to missed work or serious health problems. Protecting yourself through proper insurance is important.

In a stressed economy, many households choose to purchase the bare minimum in insurance.  Comprehensive coverage may seem like a luxury because of the expense, but it’s worth reevaluating this area of interest when compared with the impact of losing a family vehicle. While some vehicles have low values, a more expensive vehicle will be difficult to replace if it is totaled.

If you can’t afford to replace your car, you need to give serious consideration to what you will do in the event of an accident.  Full coverage isn’t a luxury but a necessity in such a case.

It’s also important to recognize that regardless of where the fault lies in an accident, there is the potential for medical problems as a result. The levels of insurance carried by the other parties in an accident may not be sufficient to accommodate your medical needs. Making sure that your insurance will address your medical needs allows for greater protection in the event of a wreck.

When you do experience an auto collision, it’s important to remain as calm as possible. Never leave the scene of the accident. Contact emergency personnel as quickly as possible in order to have the situation investigated right away. If someone is injured, proceed cautiously in helping. Providing information to a 911 operator can give you insight and direction on what steps you should or should not take to help an auto accident victim.

Following a serious accident, or an accident that has residual effects, a consultation with a professional is often necessary. The Law Office of Edward M Bernstein and Associates is one of the most experienced firms in dealing with auto accidents and can help you and your family get the compensation you deserve.

Give us a call at (702) 240-0000 for a free consultation!

5 Most Dangerous Intersections in Las Vegas

As you may have seen on our new commercial the five most dangerous intersections in Las Vegas were recently named. This data was compiled over a six month period (September 2011 to March 2012) from Metro police records and examined traffic collisions with injuries at these specific intersections.

1. Lamb Boulevard and Charleston Boulevard
2. Maryland Parkway and Sahara Avenue
3. Tropicana Avenue and Paradise Road
4. Sahara Avenue and Rainbow Boulevard
5. Tropicana Avenue and Koval Lane

While it is always recommended that you drive defensively, Metro is suggesting that you pay extra attention when driving near any of these identified intersections. The amount of accidents in the Valley seems to spike each summer but I am hopeful that recently enacted laws to eliminate distracted driving will go a long way towards reducing these numbers. What do you think of this list? Are there any other dangerous intersections you’re aware of?

Spring Break Safety Reminder

With Spring Break in full swing around the Valley it is a good time to remind everyone to be safe on the roads. The weather has been cool and mild leading to more pedestrians out on the streets at all times of day. With the rash of recent accidents between pedestrians and motorists there has never been a better time to share these Spring Break driving tips provided by AAA.

• Slow down and be especially alert in residential neighborhoods
• Take extra time to look for pedestrians at intersections, on medians and on curbs
• Enter and exit any alley, driveway, parking space etc. slowly and carefully
• Watch for children in and around the street especially during daytime hours
• Remember that pedestrians (especially children) may move in unpredictable ways
• Reduce any distractions in your vehicle so you can pay attention to the road and surroundings

Let’s work together to make this spring break safe and enjoyable for everyone. Have a great weekend!