Lawyers and Law

Archive for April, 2010

The need for a personal injury lawyer in Nevada arises for many people every day. Injuries that are caused by negligence, recklessness or intentional conduct occur in countless different circumstances, and many people who have been injured are unsure of where to turn for help. Below are some ideas to consider as you begin your search for a Nevada personal injury attorney if you or someone you love has been wrongfully harmed.
Learn about a Personal Injury Lawyer Online

Aside from reviewing the Nevada Bar Association information, you should also search for the attorney online. While Web sites are generally marketing pieces, those that are properly done will provide you with information regarding the personal injury lawyer’s scope of practice, his or her firm in general and other information that will be helpful for you.
Be Thorough with Your Research

Fortunately, attorneys and their practices are generally available to the public. You should be able to find information from the Nevada State Bar Association online that will provide you with the attorney’s history that includes his or her date of admittance to practice law in Nevada and any records of discipline. This is a sound place to start your search as it will provide you with an idea of the quality of the practice that the Nevada personal injury attorney has been providing for his or her clients.
Contact the Nevada Personal Injury Attorney for a Consultation

When you’ve decided on a personal injury lawyer to contact, get in touch with the firm and pay attention to how quickly you obtain a response and how promptly the firm is willing to schedule an initial consultation. Your first consultation should be free of charge, as that is generally the norm with personal injury lawyers in most jurisdictions.
Ask Questions

While it would be wise for you to bring as much information as possible to your initial consultation, as this will only help you obtain more accurate advice, you should also come prepared to ask questions of your own. Examples of these questions include the number of personal injury cases the attorney has handled, the number of cases that settled, the number that have gone to trial and generally what the results have been. You should also ask about the fee arrangement.

In general, you need to trust your instincts when searching for a personal injury lawyer. This person will be working closely with you throughout the process and you’ll need to feel comfortable with the representation you’ll be getting. If you’d like to get stared immediately, contact the Nevada personal injury attorneys at Jack Bernstein & Associates today. The firm has years of experience in holding those responsible for harm accountable, so get the process of protecting and enforcing your legal rights started immediately.

If you have lost a loved one in a car accident, you may wonder whether you can file a wrongful death lawsuit. The answer is, yes, you can. Wrongful death describes any death which is due in whole or in part to the negligence or deliberate misconduct of another person. Although we often talk about car “accidents” the truth is that many wrecks are caused by one person or another, often driving in inappropriate ways that cause or worsen a crash.

Common Causes for Wrongful Death in Car Accidents

If the car accident that claimed your loved one’s life involved any of the following, it might be a cause for a wrongful death lawsuit:

• A drunk driver
• Other driver speeding
• Other driver following too close
• Other driver performed illegal maneuver
• Defective road conditions
• Defective car safety equipment

Some of these may seem minor, but when another driver is speeding, not only is that driver violating the law, they are increasing the danger their vehicle poses to others on the road. A large SUV may weigh 6000 pounds. An SUV traveling at 55mph is carrying 607,000 foot-pound-force of kinetic energy, but at 65 mph that energy jumps to 848,000 foot-pounds-force, almost half again as much.

Who Can File Wrongful Death Lawsuits in Car Accidents?

Wrongful death lawsuits can be filed by anyone who was hurt by the accident. Although the person killed cannot file a lawsuit on his or her behalf, a lawsuit can be filed on behalf of the estate, not only for medical bills and expenses, but if the death included significant suffering, pain and suffering damages may also be sought.

In addition, the surviving spouse and children may file for economic and noneconomic damages in terms of lost wages due to the person’s death and the loss of companionship.

Who Can Be Sued in Wrongful Death Lawsuits after Car Accidents?

A wrongful death action can be pursued against anyone who caused or contributed to your loved one’s death in the car accident. This may include other drivers involved in the accident, people, companies, or municipalities responsible for maintaining the road, and car manufacturers who were responsible for ensuring the safety of the vehicle.

State law determines when a person is considered responsible for your loved one’s death, depending on whether the state follows comparative or contributory negligence models. In a contributory negligence state like Maryland, you cannot recover damages if the court decides your loved one contributed at all to the accident. On the other hand, in states that follow comparative negligence rules, like Tennessee, you can recover damages as long as your loved one’s fault does not reach a certain level. In Tennessee, this is 50% (i.e., your loved one is found to be 49% or less responsible for the argument), but other states have different rules.

In addition, state law determines how each defendant pays for his or her share of the damages, using either joint or several liability laws.

If you are driving a passenger vehicle and become involved in an accident with a large truck, the outcome can be catastrophic.

There are ways you can help avoid a truck accident. Here are a few:

Avoid driving in the truck’s blind spots: When you are sharing the road with a large truck, either pass the truck quickly or trail behind. Lingering alongside a truck can cause you to remain in the driver’s blind spot, where the truck may not see you. Also try to pass the truck on the left, where the blind spot is smaller. Many trucks also have blind spots directly in front of them, which makes it especially difficult if your vehicle sits lower to the ground.

Exercise additional caution in inclement weather and at night: When visibility is poor, all drivers should exercise extreme caution to avoid an accident. Make sure your lights are working and are turned on, and make sure you can see clearly out of your windows.

Do not follow too close behind a large truck: Leave sufficient distance in front of you if you are following a tractor trailer. This will ensure that you remain visible in the trucker’s side view mirrors.

Use caution on entrance ramps: A tractor trailer is unable to stop and slow down quickly. Because of this, be sure to exercise caution and allow plenty of space when entering a highway in front of a large truck.

Routine maintenance: Make sure that you keep up-to-date with all routine maintenance. This will enable you to swerve effectively and stop quickly if you need to. A vehicle that is in good working condition will also give you confidence while driving, if you know that your brakes and tires will not fail.

Report dangerous truck driver behavior: If you see a commercial truck driver who is driving unsafely, aggressively or erratically, record the truck’s registration number if you can safely do so. You can later make a phone call, revealing the time, date, place and behavior, which may prevent a future collision.

Reasons for Truck vs. Passenger Vehicle Crashes

There are many different ways that an automobile accident can occur between a passenger vehicle and a large tractor trailer.

Driver fatigue by either party can lead to decreased alertness and a delayed reaction time, which can cause an accident. A large truck that is overloaded can make the 18-wheeler too heavy and difficult to stop and maneuver. This increases the likelihood of a read-end collision. Defective roadways are a leading cause of accidents involving any type of vehicle. Some of these include:

* Dangerous potholes and drop-offs
* Inadequate guardrails or lack of guardrails
* Trees or vegetation blocking views or signs
* Inadequate road lighting
* Improper signage or lack of appropriate signs
* Road construction hazards
* Bridge defects and bridge collapse
* Dangerous intersections
* Failure to maintain roads or highways

Brake failure is more likely to occur among 18-wheelers, because they can overheat during a downgrade or from stopping suddenly at high speeds. However, brakes can fail in any vehicle, so be sure to keep up with your routine maintenance.

Complex Accidents

When a large truck and a passenger vehicle collide, it can result in serious injuries, even wrongful death. These types of crashes are also more complex than other vehicle accidents as they involve trucking rules and regulations and often call for a more thorough investigation. Be sure to talk to an attorney who is experienced in handling these types of accidents.

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