A car accident can be a devastating experience. If you are injured, you may wonder how you will afford the medical bills and how your family will be supported during the time you are recovering. Injuries can range from bruises and soft tissue damage to more serious spinal and brain injuries that may cause life-altering injuries such as paralysis and possibly even death. If you or a loved one has been the victim of an automobile accident, it is essential that you contact an experienced car accident attorney as soon as possible. Under Nevada law, you may be entitled to compensation for medical costs, loss of income, pain and suffering, and other related expenses.

Contributing Factors of Car Accidents

Motor vehicle accidents are usually caused by error on the part of one or more drivers. However, there can be many other factors that contribute to the occurrence of a car accident, including:

• defective condition of roads
• poor road design
• defects with a motor vehicle, such as a tire blowout, brake failure, or other mechanical defect
• design defects, such as susceptibility of rollovers or gas tank explosions
• weather conditions

Who is Liable in a Car Accident?

Determining who is liable in an automobile accident is an important question when filing legal claims. Potential liable parties might include:

• Other drivers: If another driver caused an accident then he or she could be liable, as well as the owner of the vehicle. The insurance company that covered the vehicle would also be a party. If the driver was operating a vehicle owned by his or her employer, the employer might also be sued.
• Local or state government: If the accident was caused by defective roads or poor road design, the local municipality or the state may be held responsible for any injuries sustained.
• Automobile manufacturer:  If the accident was caused by a defective part or a defective design, the manufacture of the motor vehicle or any of its parts could be liable. Retailers who sell the vehicles could also be sued.

How Fault Affects Your Car Accident Recovery

The degree of fault is one of the most important factors in determining how much an injured party will recover. The State of Nevada has adopted what is known as “proportional comparative fault.” This means that you cannot recover any compensation from another driver if you were more than 51% at fault for the accident.

What Types of Damages Can You Recover?

If you are injured in an automobile accident, there are several types of damages that you may be compensated for. Damages can include:

• Medical expenses: This includes costs for visits to a doctor, hospital, or emergency room and any related treatment of injures. It also includes fees for chiropractors, physical therapists, or other health care providers. Medical devices are also included, such as wheel chairs, crutches, or neck braces.
• Future medical expenses: If the injured party can show that continued medical care is needed due to the accident, these costs can be recovered.
• Pain and suffering: Damages can be awarded for the physical pain caused by an car accident.
• Mental anguish: An injured party may recover damages for mental suffering or emotional distress (such as anxiety, nervousness, grief, shock, or fright) caused by the car crash. If the injured party has been disfigured by the accident, emotional injury can include humiliation or embarrassment.
• Lost wages: The amount of money that the injured party could have earned between the time of the accident and the judgment or settlement is recoverable.
• Loss of earning capacity: Damages can be awarded if the injured party’s ability to earn money in the future has been impaired.
• Loss of consortium: This relates to the loss of benefits of marriage when one spouse is injured. The uninjured spouse files this type of claim. Examples of benefits of marriage include companionship, affection, comfort, and sexual relations.
• Property damage: Recovery can be awarded for the value of damaged property.

Las Vegas Car Accident Attorney

If you or a loved one has been injured in an car accident, it is essential that you contact Oronoz Injury Law as soon as possible. We will help you evaluate your case and decide upon a course of action.  Our experienced personal injury attorneys will aggressively fight to protect your rights and will help you secure the compensation that you deserve.

Nevada Drunk Driving Accidents

Drunk driving accidents cause an untold amount of human suffering and anguish every year. The choice of an individual to drink and drive can easily result in the loss of life and can cause serious physical and emotional injuries that sometimes never completely heal. According to the National Highway Traffic Safety Administration, more than 17,000 people die every year in alcohol related automobile accidents. In Nevada for the year 2008, 121 people were killed where at least one driver had a BAC of 0.08% or above. There were 137 deaths where at least one driver had a BAC of 0.01% or above. If you have been injured by a drunk driver, or if a loved one has been injured or killed as a result of someone drinking and driving, you should contact an experienced drunk driving personal injury attorney as soon as possible.

Who Is Responsible For The Injuries Sustained In A Drunk Driving Accident?

• The drunk driver: Above all, the person who chooses to drink and then operate a motor vehicle is absolutely responsible for the injuries that he or she causes. When serious injury or death occurs as a result of someone’s negligent action, the expenses associated with a drunk driving accident may be recoverable.
• Passengers: If a passenger encouraged or participated in the driver’s intoxication, he or she may also be liable for injuries to others. If the passenger knew the driver was drunk and invited others to ride without warning them, the passenger could be liable for any resulting injuries.
• The provider/server of alcohol: Unlike most states, Nevada law does not place liability on the provider or servers of alcohol in a commercial establishment.  Nevada does provide for the liability of a “social host” if those persons served were under 21 years of age.

What Actions Can Be Taken Against A Drunk Driver?

In Nevada, actions can be taken against a drunk driver in two separate legal proceedings.

• Criminal case: A criminal case can be filed by the district attorney and a criminal trial will determine what punishment the offender receives. The court may order fines, community service, jail time, or even restitution to an injured party.

• Civil case: A civil lawsuit can be filed by the attorney for an injured party, which can include anyone that was directly injured by the drunk driver, such as other motorists, passengers or pedestrians. This kind of suit is usually filed against the drunk driver and his or her insurance company. Its purpose is to secure monetary compensation for the injuries suffered. There are usually two types of civil claims depending upon the circumstances:

A claim of negligence. Intoxication is not a defense for a driver’s duty to operate a motor vehicle in a safe manner. In a drunk driving case it must be shown that the driver voluntarily drank to the point of intoxication, drove a motor vehicle knowing there could be dangerous consequences, and willfully failed to avoid those consequences.

A claim for wrongful death. The loved ones of a person killed by a drunk driver may bring a wrongful death action against the driver. It is important to show is that the driver was actually under the influence to such a degree that his or her judgment, and therefore ability to drive, was significantly impaired.

What Kind of Damages Can Be Recovered?

A person injured by a drunk driver can recover the following types of damages:

• present and future medical bills
• lost wages
• emotional pain and suffering
• property damage
• punitive damages (used to punish and deter future bad behavior)

In cases of wrongful death, additional damages may be recoverable for:

• the victim’s future earnings
• final medical expenses
• funeral and burial expenses
• loss of companionship, society, comfort and consortium
• lost benefits of the victim, such as pension, insurance, 401K, etc.
• grief and sorrow of the victim’s survivors
• pain, suffering or disfigurement of the decedent
• punitive damages

Nevada Drunk Driving Accident Attorney

If you or a loved one has been injured by a drunk driver, or a loved one has been killed in an accident involving a drunk driver, you should seek immediate legal help from an experienced drunk driving accident attorney.  Oronoz Injury Law will aggressively fight to protect your legal rights and help you obtain the compensation that you deserve.