Fifty-four-year-old David Neese will spend sixty days in jail because of a fatal car crash in January 2017.
According to prosecutors, Mr. Neese failed to stop at a Carson City stoplight and rear-ended another vehicle. That vehicle contained 21-month-old Ava Gray. She sustained a serious head injury in the crash and died shortly thereafter.
Mr. Neese’s pickup struck another vehicle as well, but there were no fatalities associated with that impact.
Negligence Per Se in Las Vegas
Many car crash claims are negligence actions. Essentially, negligence is a lack of ordinary care. If that lack of care causes injury, the tortfeasor (negligent driver) may be financially responsible for injuries.
But in many other cases, the negligence per se shortcut is available. Typically, first responders give one driver, and only one driver, a citation. This citation serves as a preliminary determination of fault for insurance purposes. More importantly for personal injury attorneys, it may establish legal liability as a matter of law.
The time-saving negligence per se doctrine usually means that attorneys must spend less time preparing the case, which often means faster settlements. Some common traffic citations which may invoke the negligence per se rule include:
- Reckless Driving: In Nevada serious injury crashes, offices often issue reckless driving citations. This offense involves operating a motor vehicle with a clear disregard for the safety or property of other people.
- Careless Driving: This infraction is a step below reckless driving. It includes any driving behavior which increases the risk of a collision. Georgia has a similar law. In 2015, a driver received a citation for eating a hamburger while driving.
- Other Moving Violation: Running a stoplight (the infraction in the above story), speeding, making an unsafe lane change, or attempting an illegal turn are all examples of common moving violations.
If the tortfeasor is cited for a non-moving violation, such as an expired inspection sticker, the negligence per se doctrine probably does not apply. Non-moving violations are not really safety violations. And, they almost never contribute substantially to the car crash.
Head Injuries in Nevada
Traumatic Brain Injuries are among the most serious car crash injuries. Hospital care alone may cost over $100,000. After they are released from the hospital, many TBI victims face extensive physical therapy. It’s not unusual for these costs to be almost as expensive as hospitalization.
Car crash-induced TBIs involve some special issues. These injuries are difficult to diagnose. Whiplash, one of the most common crash-related head injuries, does not show up on most MRIs and other diagnostic equipment. Furthermore, doctors sometimes misdiagnose head injuries as shock from the collision.
As a result, victims sometimes do not get the treatment they need until the TBI reaches an advanced stage. These injuries are much more difficult to address. Once they reach this stage, brain injuries are permanent, because dead brain cells do not regenerate. However, after extensive physical therapy, victims can often regain many of their lost functions.
Reach Out to a Tenacious Lawyer
If you were hurt in a car crash, you probably have a number of legal options. For a free consultation with an experienced personal injury attorney in Las Vegas, contact Naqvi Injury Law. Our main office is conveniently located near the intersection of the 215 Beltway and Flamingo Road.