Riding in a limousine is often associated with luxury, celebration, and a carefree experience. However, that experience can quickly become a life-changing tragedy when an accident occurs. These incidents could result in catastrophic harm, including traumatic brain injuries, spinal cord damage, paralysis, or severe burns. These injuries demand a lifetime of treatment, physical rehabilitation, and funding, which alter the lives of the victims and their families irreversibly. The negligence of a driver, a flawed vehicle, or a reckless limo company can all contribute to this tragedy.

If you or a loved one has been seriously injured in a limousine accident in Las Vegas, having skilled legal representation is critical. You should not face complex legal and financial challenges alone. Call Dallas Horton & Associates for a free consultation. Our team will defend your rights and fight to secure the compensation you deserve.

The Reason Limousine Accidents Can Cause Catastrophic Injuries

Limousine crashes are particularly hazardous because of several issues involving their design and the environment within them. Unlike regular passenger cars, the interior configuration, coupled with the sheer size of the vehicles, leads to serious and even devastating injuries.

  1. Abnormal Seating and Safety Deficiency

Many limousines and party buses will have side seating or wrap-around seating. This sitting arrangement is not crash safe. A forward-facing seatbelt does not support the occupants of these seats during a collision. It can be violently thrown out of their seats, smashing into other occupants, or the inner walls of the car, or sometimes even blown out of the doors. This may lead to serious injuries like spinal cord injuries and traumatic brain injuries.

The problem of a lack of safety restraints (seatbelts and airbags) in the passenger compartment is widespread. These safety features may be available to front-seat occupants, but those in the back cabin usually do not have them. In a serious crash, the absence of seatbelts can turn passengers into projectiles, causing severe or fatal injuries.

  1. Car Size

The weight and length of a stretch limo make the force of an impact much harder. The greater the weight and momentum, the greater the destructive collision. This complicates the maneuvering of drivers, particularly when making tight turns or in the event of emergency braking, leading to the likelihood of rollovers or multi-vehicle pileups. A limo is also prone to being hit by other vehicles due to its large size, as it takes up more space, and has larger blind spots.

  1. Distraction of the Passengers

The party atmosphere within these cars can distract the driver even when they are not involved. Passenger movement, loud music, and general commotion can distract a driver and cause them to crash.

The combination of these factors can result in life-altering, devastating injuries when a crash actually happens.

Why Nevada Limo Drivers Have a Greater Legal Responsibility

A limousine company and its drivers in Nevada are under a far greater standard of legal responsibility than the average driver. This is because they are classified as "common carriers."

According to the Nevada law, a common carrier is any individual or company that carries people to another place at a fee. This involves not just limos but buses, taxis, and ride shares. Since these businesses deal with transporting people, the law puts a higher level of responsibility on them regarding the safety of their passengers.

The distinction is crucial. Though an everyday driver on the road has the duty of reasonable care to other people, a common carrier has the utmost care and diligence towards its passengers. This means that a limo company and its drivers should exercise all reasonable measures to help keep their patrons safe. This involves:

  • Keeping their vehicles in proper condition
  • Making sure that the drivers are well-trained and sober
  • Ensuring that they take good care of and always operate the vehicle safely

This increased level of care is a significant advantage to a limousine accident victim in Nevada. In a normal car crash, you have to demonstrate that the other driver has not acted reasonably by failing to do so. In a suit against a limousine company, however, you need do no more than demonstrate that they did not exercise the highest degree of care.

What could be an innocent error on the part of an ordinary driver would be a violation of duty on the part of a common carrier. For example, a slight problem with the maintenance of a particular vehicle or a driver who is temporarily distracted may be sufficient to prove negligence and responsibility under this high legal burden. This makes it easier to hold the company accountable and pursue the compensation you require.

Who is to be Held Responsible For Limousine Accidents?

Catastrophic limo accidents are hardly caused by one mistake. Instead, they are usually a complicated series of circumstances brought about by the carelessness of several parties. An in-depth investigation is necessary to identify every entity that may share fault, as each can be a source of compensation for the victims.

The likely liable parties who become defendants in the case include:

  1. The Limo Driver

The most apparent party is often the driver. The negligent behavior of the limo driver can cause a catastrophic accident, such as:

  • Speeding
  • Distracted driving, like talking on the phone or talking to passengers
  • Driving under the influence of alcohol or drugs

Since limo drivers are regarded as common carriers, any seemingly trivial error can be treated as a severe violation of their duty to exercise maximum care.

  1. The Limousine Company

A company that owns and drives the vehicle can be held responsible, even though the negligence of the driver of the car was the direct cause of the accident. A limo company can be negligent in several ways, namely:

  • Negligent hiring — Failing to conduct proper background checks, verify licensing and driving records, or hire qualified drivers.
  • Poor training — Failing to train drivers to acquire specific skills that enable them to safely operate a long and heavy vehicle, especially under different road conditions.
  • Negligent supervision — Compelling employees to work long hours that may result in fatigue and poor driving.
  • Poor vehicle maintenance — This is neglecting to perform routine and standard checks that may result in mechanical breakdown, including a tire blowout, brake failure, or a suspension system failure.

  1. The Maintenance Provider

Sometimes, the limo service hires a third-party service provider or mechanic to do maintenance. The maintenance provider can be liable if faulty repairs or a missed inspection cause a crash. Their failure to properly service critical systems, like the brakes, steering, or tires, can directly lead to a catastrophic accident.

  1. The Limousine Manufacturer

In others, the accident can be found to have its root cause in a vehicle defect. This happens especially with stretch limousines, usually ordinary vehicles that are significantly modified. In case the crash was due to a design or manufacturing defect, like a structural defect in the part of the frame the limo was attached to, or a defective part, like an axle, the limo manufacturer, or the company that carried out the stretch conversion, can be held liable in a product liability lawsuit.

  1. Other At-Fault Drivers

Although a limo crash may seem like a one-vehicle accident, it is also a multi-car crash. In these situations, the negligence of another driver could have triggered the process that caused the crash. For example, a driver who swerved recklessly into the limo lane or ran a red light and T-boned the limousine may be held at fault in part or entirely. Gathering and bringing claims against all the wrongful parties is central to achieving optimal compensation and requires a rigorous and careful legal inquiry.

Catastrophic Injuries Common in Limousine Accidents

Catastrophic injuries are not just severe. Their permanent, life-altering consequences define them. The forces involved in a limo accident where occupants are not confined to seat belts could end up causing irreparable damage that will transform the life of an individual forever. Common catastrophic injuries include:

  1. Traumatic Brain Injuries (TBI)

In severe TBI, the brain may crash against the interior of the skull due to the impact of a collision. This may cause swelling, bruising, or tearing of brain tissue. The long-term effects are profound and can include a permanent loss of cognitive function, memory, and motor skills. A victim will have difficulties with speech, concentration, and emotional control, and will not be able to go to work or lead an independent life.

  1. Spinal Cord Injuries

The spinal cord can be easily damaged when the body moves violently and uncontrollably during a crash. These are regarded as catastrophic injuries since they usually lead to some partial or complete paralysis below the injury location. An individual can lose the capability of walking, using their hands, or performing other simple activities of daily life. The life of the victim and the life of their family are changed permanently, and the victim needs a lifetime of medical treatment, physical therapy, and home adjustments.

  1. Severe Burns

Limousine accidents are not frequent but may lead to a vehicle explosion and fire. When you are trapped indoors, you may have third-degree burns. These are excruciatingly painful injuries with the potential to permanently disfigure the body as well as damage nerves, rendering the affected limbs useless. It is a long and painful process that can require several skin grafts and surgeries, and the results have permanent psychological effects.

  1. Amputation and Limb Loss

The force of a collision, particularly in a rollover, can be so severe that it crushes or severs a limb, sometimes requiring amputation. The amputation of a limb is a devastating trauma that needs physical and occupational therapy, the construction of prostheses, and a complete reorientation to a new lifestyle.

Types of Damages You Can Claim After a Limousine Accident

Your primary focus after a tragic limo accident should be on recovering. However, the financial costs can be daunting in both the short term of immediate medical care and the long term of future requirements. A personal injury claim ensures that you have the financial means to cover all these expenses and compensates you for the immense effects the accident has had on your life. The key to securing maximum compensation is to know and record all forms of damages you may claim and be able to prove.

Damages in catastrophic injury cases generally fall into three categories.

  1. Economic damages

Economic damages are the easiest to compute because they represent the immediate financial damages you have suffered or will suffer due to your injuries. Receipts, bills, and financial records support them. These damages include:

  • Present and future medical bills — It is generally the most significant part of a catastrophic injury case. It encompasses all the emergency room visits, hospital stays, surgery, long-term care, physical therapy, prescription medicines, and adaptive medical devices, like wheelchairs or prosthetics. In catastrophic injuries, you also need to consider all the expected medical expenses in the future that may necessitate the evidence of a medical expert.
  • Lost wages and reduced future earning capacity — This category will cover past lost wages due to time lost at work. And more to the point, if your injuries make you unable to resume your employment or work at the same level, you can claim compensation for your reduced future earning capacity. It is a very important factor, allowing you to consider the income you would have made during your career without the accident.
  • Vocational rehabilitation costs — If your injuries force you to acquire new skills or retrain for a new career, the cost of vocational rehabilitation services can be factored into your claim.

  1. Non-economic damages

Non-economic damages are less objective and can be significant to a settlement or verdict in a catastrophic injury case. They aim to compensate you to offset the non-monetary aspects of how the accident has affected your life. These aspects include:

  • Pain and suffering — Refers to the physical pain already experienced and the ongoing discomfort resulting from the accident. It may involve chronic pain, headache, and other physical manifestations.
  • Emotional distress and mental anguish — Catastrophic injuries are usually accompanied by severe mental and emotional trauma, like anxiety, depression, PTSD, fear, and loss of self-esteem.
  • Loss of enjoyment of life — This is to compensate for the loss of doing hobbies, recreational, and social activities that you enjoyed before. This part of your claim can be significant even when you can no longer play sports, travel, or spend time with family in the same manner.
  • Permanent disfigurement or disability — If your injuries have left you with permanent scarring, loss of a limb, or a permanent disability, you are entitled to compensation for the profound impact this has on your life, your relationships, and your self-image.

  1. Punitive Damages

Unlike the other two categories, punitive damages are not meant to compensate you. Instead, they aim to punish the at-fault party for rather heinous behavior and discourage similar behavior in the future. These damages are not common in Nevada, but can be granted should you establish by clear and convincing evidence that the defendant acted with malice, oppression, or fraud.

For example, punitive damages may be awarded if a limousine company knowingly employed a driver with a history of drunk driving, or if a manufacturer sold a vehicle with a known dangerous defect.

A qualified personal injury lawyer will enlist the help of a medical doctor and financial analyst, among other professionals, to ensure that he/she has sufficiently documented and quantified the entire value of your damages, ensuring you are fighting for the maximum compensation available under the law.

What to Expect When Filing a Claim

It might be hard to consider suing following the tragic limousine car crash when you are also dealing with your physical and emotional well-being. However, understanding the legal process can demystify the journey and empower you with knowledge. Although each case is different, the overall procedures of a personal injury case are relatively predictable.

  1. Initial Investigation

The initial step will be a comprehensive investigation by your legal team. It is a crucial step. Your lawyer must collect all available evidence to present the case. This involves:

  • Obtaining the police report
  • Interviewing eyewitnesses
  • Where feasible, gathering any photographic or video evidence on the scene

Your attorney will also attempt to obtain the records of the limo car company, which may provide important details regarding the driver's background, the company car maintenance records, and company policy. This is the stage where the full extent of your injuries and damages is documented with medical records and financial statements.

  1. Filing the Claim

When your attorneys conclude their investigations and add all damages, your lawyer will send a formal demand letter to the at-fault parties and their insurers. In this letter, the accident facts are provided, liability is established, and damages of a certain sum are demanded for your injuries. Should the insurance company make a lowball offer or reject the claim, your attorney will proceed to file a personal injury lawsuit in a civil court.

  1. The Discovery Phase

Once a lawsuit is filed, the case goes into discovery. Discovery is a pre-trial period when the two parties share information and evidence. Your lawyers will issue interrogatories (written questions) and requests for production (requests for documents) to the opponent. They can also take depositions (sworn, out-of-court testimonies) of witnesses, the driver, or company representatives.

During this stage, your lawyer can find out all the available facts, including the presence or absence of similar accidents or safety infractions done by the company previously, and analyze the strengths and weaknesses of the case presented by the defense.

  1. Negotiation and Mediation

Most personal injury cases, even those with catastrophic injuries, are resolved out of court. Negotiations on settlement usually commence after the discovery stage, when both parties are well aware of the evidence. A negotiation may occur directly between the lawyers, or you may enter into a formal mediation with a third party taking a neutral role in bringing about a settlement. A settlement is a contract in which you take a certain amount of money to forego your lawsuit.

  1. Trial

When a fair settlement is impossible, the case will proceed to trial. Here, both parties present the merits before a judge or a jury, who then gives a verdict on liability and damages. Although taking a case to trial involves the risk of not knowing what the judge will say, a greater award may be awarded when the misconduct was gross negligence or a life-changing injury. An experienced personal injury lawyer will prepare every case as though it were going to trial, often giving them a good bargaining edge in settlement negotiations.

Some of the Unique Challenges that Tourists Face in Limousine Accidents

Las Vegas is a big tourist attraction, and its booming limousine sector serves millions of tourists annually. However, you have different challenges as a tourist involved in a disastrous limo accident. You may have returned to your home state, but your legal claim is subject to Nevada laws. These special considerations are vital to know to preserve your rights.

The most pressing issue for any out-of-state victim is the Nevada statute of limitations. Nevada has a hard time limit of two years after an accident to file a personal injury suit. This is a hard deadline. When you get home and take one year to concentrate on healing, you could be left with one year to sue. Failure to make this deadline will almost inevitably lead to the dismissal of your case, however serious.

Although you might live in another state, your personal injury case must be filed in Nevada. This is because jurisdiction, the legal authority to hear a case, lies with the state where the accident occurred. The police report, witness testimony, and the location of the limo company are all in one place in Nevada. Nevada law will apply to the case, and the case will be tried in a Nevada court should a settlement not be reached.

Find a Personal Injury Attorney Near Me

Following a devastating limo accident, the road ahead can seem impossible. Severe injuries can change your life forever, and the financial and emotional cost can be enormous. However, while a full physical recovery may not be possible, a legal recovery is. You are entitled to justice and full compensation for negligence that resulted in your suffering.

Nevada law and large insurance companies can overwhelm the process without skilled guidance. Call Dallas Horton & Associates at 702-820-5917 for a free consultation. We are ready to fight for you and your future.