That may qualify as the understatement of the year, as the words came from a 16-year-old boy who was almost killed in a pedestrian-auto crash that occurred just a few steps from his front door.
The wreck took place near the intersection of Durango Drive and Deer Springs Way. As Anthony Orozco got ready to start his day, he was struck by an oncoming motorist who later admitted that she was not watching the road. Mr. Orozco said he felt a bump just before he was caught under the vehicle’s tires and dragged some twenty feet. He was rushed to a nearby hospital with a severed urethra, a fractured spine, and numerous other injuries. “I don’t feel too good,” Mr. Orozco remarked. “I can’t move my neck [and] I can’t move my body parts,” he added.
The driver’s name was not released. She remained at the scene and was cited for negligent driving.
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Obtaining Compensation in Car Crash Cases
Typically, drivers have a duty of reasonable care, which essentially means that they must take all necessary precautions to avoid crashes. This duty starts before drivers get behind the wheel, because they must be well-rested and drive vehicles that are in good mechanical condition, at least as far as they know. A higher duty applies to taxi drivers, bus drivers, commercial truck drivers, and other common carriers, especially with regard to the passengers they are transporting.
Duty is a question of law for the judge, since prior court decisions and the laws of the state define duty. Breach, the next element in a negligence case, is a fact question which the jury must answer based on the evidence. Broadly speaking, a breach can be:
- Direct: Speeding tickets, DUIs, and distracted driving tickets are all direct evidence of negligence. In some cases, the negligence per se (negligence “as such”) shortcut may apply.
- Circumstantial: Drivers can still be negligent even if they were technically obeying the law. For example, a driver may be impaired but not legally intoxicated or a driver could be distracted by looking out the window or talking to a back-seat passenger.
If the breach caused injury, the tortfeasor (negligent driver) is legally responsible for damages. Third party liability, like respondeat superior (“let the master answer”) may also apply in some cases.
Average medical bills vary significantly based on location and severity of the injury, but as a rule of thumb, critical-care hospital bills may be as much as $10,000 per day. After only a few days, most victims accumulate medical bills they cannot afford to pay. Making matters worse, health insurance companies sometimes deny payment for liability purposes, and even if payment is made, it normally only covers 80 percent of the total.
In these instances, attorneys send letters of protection to medical providers. These letters inform them that when the lawsuit is settled (and most all negligence cases are settled out-of-court) any outstanding balance will be paid. In many situations, the third-party providers agree to take less money and the victims are not responsible for any unpaid charges.
Contact an Aggressive Attorney
Serious car crashes often result in astronomical medical bills and long-term noneconomic damages. For a free consultation with an experienced personal injury attorney in Las Vegas, contact Naqvi Injury Law. Mr. Naqvi is AV-Rated.