A wrong-way crash involving alcohol can have fatal consequences for the at-fault driver, as well as others with whom they share the road in Nevada. The severity of such accidents is due, in part, to the high speeds and head-on strikes often involved. According to the National Highway Traffic Safety Administration, wrong-way crashes are more likely to be fatal than other accident types.
The loss of a loved one in a wrong-way accident can be distressing for Las Vegas families. Recovering compensation may provide some relief as you grieve and move forward. Our DUI accident attorneys at Burk Injury Lawyers will help you pursue the damages you need.
How Common Is a Wrong-Way Crash in Nevada?
Wrong-way accidents are a serious concern in Nevada, which often have devastating consequences for victims and their families. According to data from the state’s Department of Transportation, there were an average of 27 wrong-way accidents across the state each year between 2014 and 2018. Despite efforts aimed at cutting down on these incidents, including better signage and roadway design, wrong-way accidents continue to happen on Nevada roads with alarming frequency.
A fatal accident that occurred on the 215 Beltway in February 2023 is a stark reminder of the frequency with which such incidents happen. A driver had been traveling south in northbound lanes of traffic on the beltway for at least four minutes before hitting a pickup truck head-on. The driver of the pickup truck, and the wrong-way driver, were both killed in the crash.
What Causes Wrong-Way Accidents?
Wrong-way accidents can be caused by varying factors. Often, they are the result of driver error, and failure to follow proper traffic safety measures.
Common causes of wrong-way accidents include:
Impaired Driving
Drinking and driving is one of the leading causes of wrong-way accidents in Nevada, and across the U.S. Among other impairments, alcohol may cause drivers to become disoriented. Consequently, they are more likely to enter the road traveling the wrong way.
The driver in the 215 Beltway crash was found to have a blood alcohol concentration level that was almost four times the legal limit. She also had cocaine and THC in her system.
Distracted Driving
Distractions, such as talking on the phone, texting, or changing the radio station can take a driver’s attention and eyes off the road, and hands off the wheel. As a result, they may miss signage or other such indicators, and inadvertently enter a roadway the wrong way.
Confusing Roadway Design
Poorly designed and confusing roadway systems can increase the likelihood of wrong-way accidents. On divided highways and other such roads, unclear signage, limited visibility, and other such factors may contribute to wrong-way driving and the resulting accidents.
Lack of Driver Awareness
Unfamiliarity with the area, inexperience behind the wheel, and other such factors play a role in some cases of drivers entering the roadway traveling the wrong way. Especially at night when visibility is lower, they may not realize they are driving against the flow of traffic.
Poor Weather Conditions
Adverse weather conditions can greatly reduce visibility. For example, heavy rain, snow, or fog can make it difficult for drivers to see the road in front of them and signs around them. Therefore, they may accidentally enter a roadway traveling the wrong direction.
Common Wrong-Way Accident Injuries
Drivers and passengers in wrong-way accidents may suffer ranging injuries, from minor to fatal. The injuries resulting from such crashes are often serious due to the impact force and head-on nature of the these types of collisions.
Some of the most common injuries from car accidents involving wrong-way drivers include:
Internal Injuries
The impact of a wrong-way crash can cause damage to internal organs. Victims may experience internal bleeding and other serious complications.
Traumatic Brain Injuries
The term traumatic brain injuries refers to a group of injuries resulting from blows or jolts to the head or body causing brain dysfunction. Such trauma may cause physical, sensory, cognitive, behavioral, and mental symptoms.
Spinal Cord Injuries
Drivers and passengers in wrong-way driving accidents may suffer damage to their spinal cords. Depending on the type, location, and severity of the injury, spinal cord injuries may cause full or partial paralysis.
Broken Bones
Due to the force of a wrong-way crash, drivers and vehicle passengers may suffer bone fractures. Such injuries may require time in a cast to heal or, in some cases, surgery to repair the damage.
Psychological Trauma
The chaos of the event itself, as well as the fallout from wrong-way accidents, can cause psychological trauma. For example, those involved may develop post-traumatic stress disorder.
For some, like the passenger in the pickup truck struck by the wrong-way driver on the 215 Beltway, the injuries resulting from such wrecks can have lasting effects. The passenger in the beltway accident was hospitalized for a month due to her injuries. Victims may experience chronic pain, disability, and emotional distress.
Recovering Damages for Wrong-Way Accidents
Wrong-way accidents may leave victims struggling with financial burdens, on top of dealing with their physical injuries. Fortunately, there are types of car accident damages in Nevada that wrong-way crash victims may pursue to cover their economic and non-economic losses.
Economic losses that may result from collisions caused by wrong-way drivers include medical expenses, lost wages, and loss of earning capacity. Non-economic losses, are less tangible. They include pain and suffering, disfigurement, disability, and loss of enjoyment of life.
To recover damages after a wrong-way accident, you may pursue a claim through the at-fault driver’s insurance company. Alternatively, or if you are not able to reach an agreeable settlement with the insurance company, you may choose to file a personal injury lawsuit. With the aid of a car accident lawyer, families of those who lose loved ones in such crashes may pursue compensation through a wrongful death lawsuit.
Filing a Wrong-Way Accident Lawsuit
Filing a lawsuit for wrong-way accident injuries involves several steps. While the steps may vary from one jurisdiction to the next, the process generally includes:
Consulting With an Attorney
The first step to take after a wrong-way accident is to contact a car accident lawyer with experience handling these types of cases. An attorney will assess the circumstances of your accident, help determine liability, and advise you of your options.
Gathering Evidence
Your car accident attorney will conduct a thorough investigation of the accident to establish fault. To this end, your lawyer may gather police reports, any available photographs or video footage. Legal representatives may also interview witnesses and consult with accident reconstructionists.
Proving Negligence
To successfully recover damages in a wrong-way accident lawsuit, you will need to prove the at-fault driver was negligent in his or her duty to drive safely. For instance, you may provide evidence that the driver was under the influence of drugs or alcohol, contributing to the wrong-way driving that caused the crash.
Filing the Complaint
If you have a case for wrong-way accident damages, your lawyer will file a complaint with the appropriate court. The complaint outlines the details of the collision, your injuries, and the compensation you seek to recover.
Discovery
After the complaint is filed, your case will enter the discovery phase. During this process, you and the defense will exchange information and evidence.
Settlement Negotiations
Throughout the process, your attorney and the legal representation for the wrong-way driver may seek to reach a settlement through negotiation. A car accident lawyer will advocate on your behalf to seek a fair settlement that compensates you for your injuries and losses.
Trial
If your attorney cannot reach a settlement agreement with the at-fault party, your case will proceed to trial. At that time, your legal representative will present evidence and arguments to the court to support your claim. A judge or jury will determine whether to award you damages.
Filing a Wrongful Death Lawsuit in Nevada
In Nevada, the deceased’s personal representative can file a wrongful death lawsuit on behalf of surviving family. To file such cases, however, criteria must be met, including:
Proving negligence. Plaintiffs in wrongful death claims must show the death was caused by the defendant’s negligence, recklessness, or intentional misconduct. For example, the family of the pickup truck driver in the 215 Beltway accident may present evidence that the at-fault driver had been traveling the wrong direction at the time of the wreck.
Relationship. Nevada law only permits certain family members to file wrongful death claims. Therefore, the plaintiff must be the decedent’s surviving spouse, child, or parent.
Damages. To recover damages, plaintiffs must show that they suffered losses. To this end, they may present medical bills, earnings statements, funerary cost invoices, and other such documentation.
Statute of limitations. State law puts a time limit on filing wrongful death cases. With few exceptions, family members have two years from the date of their loved one’s death to take legal action. Therefore, if considering when to get an attorney for a car accident, the answer is: as soon as possible.
Wrong-way accidents often have wide-reaching, devastating consequences for those involved. Nothing can bring back a family member killed by a wrong-way driver. However, obtaining compensation may provide you and your family with some financial relief as you grieve your loss.
If you were injured in a wrong-way accident, or lost a loved one due to such a crash, contact Burk Injury Lawyers to discuss your options.
