patient falls

Can a Hospital be Responsible for Patient Falls?

What are Hospitals’ Responsibilities Relating to Patient Falls?

Hospitals owe patients a duty of care while the patient is under their care. The Agency for Healthcare Research and Quality, a division of the U.S. Department of Health and Human Services, has determined that certain events are “Never Events” because they should never happen. Such events are usually preventable, identifiable, measurable, and may result in serious injury or death.
Slips and falls are on the list of Never Events. When a patient falls, it is a reportable event. A few years ago, falls were killing about 11,000 people a year in hospitals and up to a million were falling. Due to the implementation of fall prevention protocols in hospitals like the Center for Disease Control’s STEADI program, those numbers are dropping. But the right number is zero.

Factors that contribute to falls include poor lighting, slippery floors, loose carpets or wires, broken steps, uncleared snowy or icy sidewalks, slippery accumulations of leaves, broken handrails, and clutter.

Patients should be assessed for things that put them at risk of falling including weakness, fatigue, neurological disorders, and blurry vision.

Providing patients with non-slip footwear can prevent falls.

In Case of Medical Malpractice

Litigation involving patient falls in hospital lawsuit can involve malpractice if clinical staff, such as when doctors, nurses, and physical therapists failed to do their job to keep the patient safe. The specific responsibilities a hospital has to safeguard patients against falls is documented in two ways. The first relate to industry standards that are applicable to all hospitals. Protocols in hospitals are highly regulated and failure to follow industry practices can be considered malpractice.

In addition, the hospital will have policies and procedures. Failure to follow internal procedures can be evidence of negligence in patient falls in hospital lawsuit cases.
A fall can also be negligence attributable to the property owner that is not medical malpractice. Owners are responsible for maintaining the property in a safe manner. If a physical element of the property, such as loose strings on the carpet, caused the fall they may be responsible under negligence laws.

Are the Premises Safe for Patients?

Hospitals are obligated to maintain a safe environment for patients and visitors. If liquids spill, they must clean them up quickly to prevent falls. If a patient who needs assistance to use the bathroom calls for help, the staff must respond quickly so the patient doesn’t attempt to make it on their own. This means the hospital must maintain adequate staff so their employees can respond in a timely manner.
Falls are the number one cause of injury to hospital patients.

patient slipsThroughout the patient’s stay in the hospital, industry protocols require staff to assess the fall risk and take appropriate action to manage the patient’s risk of falling. This assessment should be ongoing because changes in the patient’s condition can further impair mobility and medications can affect their stability or memory.
It is possible that a noncompliant patient will have contributory negligence because they didn’t request assistance when getting out of bed after being told to get assistance first. Fall precautions are taken for a reason. Falls can cause broken hips, traumatic brain injuries, and other disabling and life-threatening injuries.

While it is important to properly train the cleaning crew, it is equally important to have policies that require every employee contribute to maintaining a clean and safe environment. Every employee should be attuned to tripping hazards or fluids that could cause someone to slip and know to take action to immediately rectify the hazardous situation.
In either type of situation, liability can come into play if they did not take steps to prevent a foreseeable injury. If they knew, or should have known about the risk, and failed to act to prevent your injury, they may be liable.

Steps to Take After a Slip and Fall Accidents in Hospital

If you or a loved one suffered a serious injury from a fall in a hospital as a patient, visitor, or employee, you should consult a slip and fall lawyer to discuss the circumstances surrounding the fall. Falls are a specific type of injury that require a knowledgeable attorney to protect your interests.

An injury attorney in Las Vegas will help you determine whether to file the claim as a medical malpractice case as the result of negligent nurses or systematic issues in the organization such as understaffing, improperly trained staff, poor communication protocols or a culture that doesn’t give patient safety the attention it deserves.

Dog Attacks

Can I Sue My Neighbor if Their Dog Attacks?

Dog Bite Laws in Nevada

Who is liable if the neighbor’s dog bit me? Nevada’s dog bite laws vary based on the circumstances. If you provoked the dog that bit you and are found more than 51% responsible, you won’t be able to collect damages from your neighbor. If you’re trespassing when you’re bit, teasing the dog or have a habit of doing so, it can also go against you.

If the dog has never bitten anyone before you’ll have a more difficult time collecting than you would if the dog is a known biter. If the dog is not known to be vicious and the owner wasn’t negligent the owner won’t be held liable for damages under current law with one exception.
The exception to the above occurs when the dog’s owner is in violation of ordinances such as leash laws. An owner with a dog that is running loose in a neighborhood is negligent and can be held liable for a bite even if the dog is not known to be aggressive. If you’ve been bit, contact an experienced Las Vegas dog bite lawyer to help you determine your options.

What to do if a dog attacks you?

Dog BiteIf you are worried about being attacked by a dog that is demonstrating aggressive behavior or you are under attack, the right course of action will depend on what is available to you. If a dog is behaving aggressively toward you which can include obvious signs like growling, lunging at you, baring its teeth or snarling or less obvious signs including freezing with its attention focused on you or making direct eye contact with you, stay as calm as possible. A dog may also stick its chest out in a sign of aggression.

If the owner is there, ask for assistance. If the owner is not there, ask bystanders to help you.
If you can get to higher ground, on top of a vehicle, up a set of steps, or other higher ground, do so. If you’re carrying anything that you can use as a barrier, be prepared to use it. The best case scenario is to get away without actually being attacked. If you are attacked and the dog is large enough to knock you to the ground, you may be better off curling into a fetal position with your arms protecting your head and neck. Be as still as possible because the sooner the dog stops perceiving you as a threat the sooner they will stop attacking.
Other maneuvers you can try include turning your body to the side, avoiding eye contact, or using a piece of clothing to cover the dog’s eyes so they can’t see.

Knowing what to do if a dog attacks you can save your life.

Do you know what to do after a dog bite occurs?

After you’ve been bitten, seek medical attention right away. You may need a tetanus shot, stitches, or even surgery. The dog will have to be quarantined to check it for rabies. Give the authorities information about the dog to protect others. After your medical needs are tended to, use a search engine to look for “personal injury attorney near me” and discuss the circumstances to see if you can recover damages. Or, if you prefer, you can contact our office.

What can I do after a dog bites or attacks me?

What to do after a dog bite to receive compensation for your injuries depends on the situation. If you know the dog is classified as a vicious dog or it has bit someone else before it bit you, contact an attorney right away. There is a 2-year statute of limitations so you shouldn’t wait to talk to a lawyer.

If the owner was negligent because they didn’t attempt to stop the attack or they allowed the dog to run loose in an area where a leash is required, it is easier to collect than if the owner did everything they could with a dog that wasn’t known to be aggressive.
If the owner caused the attack, they would be liable, too.

Las Vegas Bicycle Accident Attorney

Bicycle Accident Statistics in Nevada

Bicycling provides a healthy and affordable mode of transportation but there are risks. How risky is riding a bicycle? What should you do if you’re involved in a bicycle accident?

How high is the risk of accidents for cyclists?

Far fewer people are injured or die in bicycle accidents than motor vehicle accidents but it isn’t because bicycles are safer. Depending on which statistic you use, people travel between 6.2 and 21 billion miles on bicycles and about 3 trillion miles by motor vehicle.

Bike accident statistics report of the number of miles bicycled in a year at between 6.2 and 21 billion miles, you’re 11.5 times more likely to experience a fatal accident on a bicycle than a motor vehicle using the 6.2 billion miles statistic. If you use the 21-billion-miles statistic, it equates to 3.4 times greater risk.

It is important to remember that bike accident statistics include people who don’t follow good safety precautions, follow the rules, wear helmets, and those who ride a bike when they are under the influence.

Nevada Bicycle Accident Statistics:

Nevada Bike Accident Statistics

In 2016, there were 800 cyclists killed in single-car crashes in Nevada.

Nationwide, 34,247 people were killed in traffic accidents and 783 died in fatal bike accidents during 2017. In Nevada, six people died in cyclist accidents and 328 were lost in traffic accidents.

Crash statistics reveal some interesting facts about when and where accidents occur:

  • 71% of cyclists’ accidents occur in urban areas
  • In every season, more accidents occur between 6 – 9 pm than at any other time
  • 58% of cycling accidents are not at an intersection. Only 4% are in a bike lane.
  • 51% of bike accidents occur during daylight hours.
  • Most happen on roads with speed limits between 35 and 45 mph.

Most Dangerous Places and Times

These bike accident statistics are referring to fatal accidents:

  • 71% occur in urban areas.
  • Fatalities are more likely to occur in areas with high poverty rates.
  • Only 30% occur at intersections.
  • 4% occur in the bike lane.
  • 51% happen during daylight.
  • More occur between 6 – 9 p.m.
  • 30% happen in the winter, 22% in the spring, 38% are split between the summer and fall

Most Dangerous Places and Times to ride a bicycle

In Las Vegas, 19 intersections reported four or more accidents between 2011 and 2015. Las Vegas Blvd at Caesars Palace Drive, Nellis Boulevard at Cedar Avenue, and Las Vegas Blvd at Flamingo Road were the three most dangerous intersections.

Las Vegas Boulevard, Charleston Boulevard, and Flamingo Road are the three most dangerous roads for cyclists in Las Vegas with Sahara and Tropicana Avenues also reporting high accident rates.

Accidents frequently involve rider error including not yielding the right of way, riding against traffic, failure to obey traffic laws and signals as well as errors by the drivers of motor vehicles involved in the accident with the cyclist.

According to 24/7 Wall Street, Las Vegas is the third most dangerous city for bicyclists. The Regional Bicycle and Pedestrian Plan for Southern Nevada reported that when a cyclist and vehicle collide, the cyclist has an 89% chance of survival at 25 mph but only a 35% chance when the vehicle is traveling 45 mph.

Safe Places to Ride a Bicycle

Numerous trails around Las Vegas are great places to ride and safe for everyone. Try these rides if you’re looking for a safe and relaxing place to ride:

  • Burkholder Trail
  • Historic Railroad Trail
  • Wetlands Park
  • Pittman Wash Trail
  • Union Pacific Railroad Trail
  • Cornerstone Park

Safe Places to Ride a Bicycle

Common Bicycle Accident Injuries

The Nevada bicycle helmet law does not require riders to wear a helmet, but it is strongly recommended. Wearing a helmet can save lives. Many bike injuries occur without an accident but those are usually muscle strains. Bicycle accident statistics for accidents reflect more serious problems including:

  • Head traumas
  • Spine injuries
  • Ruptured discs
  • Skull fracture
  • Cranial hemorrhage
  • Concussions
  • Contusions
  • Fractured bones
  • Injuries to internal organs

The greatest risk is head trauma which accounts for 60% of the deaths which is why helmets are important.

Common Bicycle Accident Injuries

What to do if you got in a bike accident?

Bicycle accidents can cause serious and life-threatening injuries. If you are in an accident, you’ll want to do a body scan for injuries. If in doubt, get professional medical attention. Signs you should seek immediate medical attention include pain when you breathe deeply, stomach tenderness or you hit your stomach on the handlebars, head injuries, and bleeding. If you think you may have a spine or neck injury, don’t move until medical attention arrives.

If someone else caused the accident, get their contact information and call a Las Vegas bike accident attorney. Their insurance should compensate you for your medical expenses as well as lost wages and pain you experience as a result of their negligence. Never hesitate to contact a Las Vegas personal injury lawyer in such chaotic instances because you deserve to get compensation from all the damage that you encountered during the tragedy.

Nevada DUI laws

Nevada DUI laws: You can get arrested even if you’re under 0.08%

Nevada DUI laws impose increasingly harsh penalties if you are convicted of a DUI more than one time in a seven-year period. Under some circumstances, you can be arrested with a blood alcohol level (BAC) under .08%. Keep reading to learn how to avoid getting a DUI on your Nevada arrest record and the potentially life-changing consequences of driving under the influence.

It’s more than just one glass

While it usually takes more than just one glass of wine to be impaired, that’s not always the case. If you’re small or drink on an empty stomach or when you’re dehydrated, a 5 oz glass of wine can make you legally impaired if you are underage or driving a commercial vehicle.

Nevada DUI laws: Drinking & Driving

What is a “Drink”?

Understanding what a “drink” it helps you avoid a DUI. It’s not unusual for someone to say they just had one glass of wine, but the pour was heavy, so they drank 7 oz, not 5, which changes the effect on their BAC. All drinks are not equal when it comes to alcohol content:

Type of Drink Size Alcohol Content-Range
Wine 5 oz 12% – 20%
Liquor (80 proof)  1.5 oz 40% alcohol 
Beer   12 oz 4.5% – 7.5%

Blood Alcohol Concentration (BAC) Limit 

For the purpose of Nevada DUI laws, an Uber or Lyft driver is a commercial driver subject to a .04 BAC limit. Adult drivers are legal if they are below a BAC of .08% but that doesn’t mean you should drive when you have alcohol in your system.

By the time your BAC is .05%, you are physically impaired. Your eyesight, judgment, and coordination are already affected, and your responses will be slower if someone swerves into your lane. For your own safety and that of your passengers and anyone else who might be on the road, it is wise to cut yourself off before your BAC is .05% if you’ll be driving.

First, Second, and Third Offense Repercussions

All things considered and as bad as they are, the penalties for first DUI offenses are light when compared to second or third offenses.

Penalties First DUI Offense Second DUI Offense Third DUI Offense
Classification Misdemeanor Misdemeanor Class B Felony
Jail or Community Service/ Prison 2 days – 6 months in jail or 24 – 96 hours community service 10 days – 6 months in jail or residential confinement 1 – 6 years in prison
Nevada DUI School At Your Own Expense Lengthy DUI Court alcohol or drug abuse treatment program
Fines $400 – $1,000 $750 – $1,000 $2,000 – $5,000
Nevada Victim Impact Panel n/a Required Required
Alcohol/drug dependency evaluation n/a $100 Required
If BAC is .18 or over Nevada Breath Interlock Device for 12 – 36 months 12 – 36 months as a condition of restricted license or reinstatement of license 12 – 36 months after release from prison
Suspension of driver’s license 185-days 1-year (may be a revocation) 3 years suspension or revocation
Registration Suspension n/a 5-day 5-day
Restricted license Possible? Yes, with ignition interlock device
Can it be sealed? After 7 years After 7 years Never

Even without a prior DUI, if you’re involved in an accident that causes serious bodily injuries or death, you can be charged with a Class B Felony and sentenced to 2 – 20 years in prison and fined $2,000 – $5,000.

Signs of Drunk Driving

Signs of drunk driving

Since a BAC of .05% impairs your responses, deciding to drive after you’ve been drinking means you’re gambling with your future. Impaired drivers might as well have a neon sign advertising their status on their car. Law enforcement officers will easily recognize impaired driving. You’ll probably think you’re okay because intoxication causes a false sense of confidence. Impaired drivers are sloppy and erratic drivers. Abrupt lane corrections and adjustments to your speed or driving too slow or too fast as well as overall poor control of the vehicle will be evident.

Consequences of Drunk Driving

Consequences of drunk driving

The consequences of a drunk driving conviction are serious. Contacting a qualified drunk driver accident attorney as soon as possible provides you with the best chance of beating the charges. If you are involved in an accident when you are driving while impaired, a Las Vegas personal injury attorney may be your only hope of avoiding a prison sentence.

Conclusion

Nevada DUI

Nevada DUI laws make it clear that driving under the influence is a risky proposition. The best choice is to err on the side of caution and avoid driving if there is any risk you are impaired. Or, better yet, if you think you will drink, plan an alternate way to get home. Use a Designated Driver, public transportation, a taxi, Uber, or get a room and stay in place. If you’ve been charged with a DUI, contact our office right away.

sleepy driving

Driving While Sleepy – Is It Legal?

Driving when feeling sleepy is dangerous, as dangerous as other types of illegal driving.

A large percentage of adult’s experience insomnia and other sleep disorders that cause sleep deprivation. There are two types of sleep deprivation. One occurs when someone is completely deprived of sleep. The other is when there is cumulative sleep debt. Sleep debt occurs when an individual doesn’t get the sleep they need. Repeatedly getting too little sleep creates an accumulated sleep debt that is often more dangerous than sleep deprivation from not sleeping at all.

driving while sleepy

TOTAL SLEEP DEPRIVATION

The biggest reason total sleep deprivation is not as dangerous as cumulative sleep deprivation is that individuals who are experiencing total sleep deprivation feels the lack of sleep acutely. Their awareness of being overly tired helps them make better decisions, such as allowing someone else to drive or choosing to delay travel until they are rested.

Total sleep deprivation causes impairments that are equivalent to a blood alcohol level of .1 in just 24 hours. The legal limit for alcohol is .08. Longer periods of sleep deprivation cause dizziness, disorientation, and even hallucinations when sleep deprivation extends to several days.

PARTIAL SLEEP DEPRIVATION

Partial sleep deprivation is the more dangerous form of sleep deprivation when it comes to driving while sleepy because chronic sleep deprivation makes our sleep deprived state feel normal. In other words, we become as impaired as someone who is legally drunk, but we feel normal. As a result, we don’t take the same precautions we use when we are aware that we are suffering from sleep deprivation.

IS DRIVING WHILE SLEEPY LEGAL?

Driving when feeling sleepy isn’t illegal. The reason is tied to enforcement difficulties. A breathalyzer or blood test can be used to determine whether someone is legally drunk, but there isn’t an equivalent test to verify that someone was too sleepy to drive safely.

Other legal problems can arise as the result of driving when you are impaired as the result of sleep deprivation. Sleep deprivation impairs cognitive function and makes us perceive our experiences as more threatening. This increases the risk we’ll experience road rage, which is illegal.

Sleep deprivation can cause episodes of microsleep that lead to distracted driving that can be reckless, which is another source of legal problems tied to sleep deprivation.

DANGERS OF DRIVING SLEEPY

sleepy drivingThe dangers associated with driving while sleep deprived expand beyond reckless driving. Serious accidents including Three Mile Island, the Exxon Valdez, and the Challenger disaster were all tied to sleep deprivation.

Sleep deprivation reduces cognitive performance, which can lead to poor judgment. A good personal injury lawyer can often prove that a driver was driving when they knew they were sleep deprived using statements they made to witnesses about being tired or by documenting job responsibilities that didn’t allow them enough time to sleep.

WHO IS AT RISK?

The Center for Disease Control (CDC) issued a warning that 1/3 of Americans experience sleep deprivation. Individuals who suffer from anxiety, depression, new parents, people with too many responsibilities for the time they have available and individuals who are addicted to video games or binge-watching shows are at risk.

WAYS TO AVOID SLEEPING WHILE DRIVING

The danger of driving when feeling sleepy is real. There are a variety of ways to avoid driving when it is ill-advised due to sleep deprivation. Giving sleep the priority it deserves is the first step because being rested eliminates the risk sleep deprivation will impair your driving.

Be creative and don’t be afraid to ask for help when you need to travel when you’re sleep deprived. Use public transportation, Uber, Lyft, or ask friends for assistance. Don’t plan trips that will impair your ability to sleep enough to be safe. If you feel sleepy, pull over and take a nap or get a hotel and sleep.

Don’t rely on methods such as turning the radio up loud, opening the window, putting the air conditioner on high, or eating. They are not effective.

No trip is worth taking the risks involved in driving when you are impaired by sleep deprivation. Be aware of how tired you are and adjust your plans when you are sleepy.

hit-and-run accident

What to Do After a Hit-and-Run Accident

Any accident is, at a minimum, frustrating and some are tragic. When an accident is a hit-and-run, it adds complexity to the situation.

hit and run accident

WHEN YOU WERE PARKED

If the accident happened while your car was parked, check for potential witnesses or video cameras that might have recorded the incident. Take photos of your vehicle and wider shots that clearly show that you were legally parked when your vehicle was hit. Get shots of any glass or other debris on the ground.

WHILE YOU ARE DRIVING

The first step, after tending to any injuries and calling 911 for help, is to gather as much information as possible.

If you were in the vehicle when the hit-and-run occurred, write down as much of the plate number as you remember. Also jot down the make, model, color, and a description of the vehicle. Each teenager and adult in your vehicle should write down their perspective before you compare notes. We are all subject to being influenced by other perspectives which can distort our memory. Recording the information we remember before we talk to others prevents being influenced by their perspective of the situation.

If it is possible to safely snap a photo of the vehicle leaving the scene, do so. A lot of cars look alike. A photograph will ensure that the type of vehicle will be correctly identified even if you don’t get the license plate number.

Also, note the time and location where the incident occurred and which direction the hit-and-run driver headed after the accident. Jotting down the license plates of any potential witnesses can help investigators locate witnesses even if they don’t stay in the area to be interviewed. If witnesses come forward before help arrives, get their contact information.

Your first priority is tending to any injuries and getting help to your location.

SAFETY FIRST

hit and run

You may also need to set out flares to avoid being hit again. If you’re too injured to set out flares, ask a bystander to do it for you. While the accident isn’t your fault, you have a responsibility to prevent additional injuries. If your car is stopped after a blind curve, you are at risk of causing an accident that could injure you further and injure people in a vehicle coming around the corner that doesn’t have time to stop before ramming into your parked vehicle.

Do not, under any circumstances, follow the hit-and-run driver. The behavior of someone who will flee the scene of an accident is unpredictable. If you were unlucky enough to catch them, they might cause further harm in an effort to escape the consequences of their actions.

WHO TO CALL

After the accident, report it to the local police first. You will also want to contact your auto insurance agent, or if you purchased your policy online, your auto insurance company. If you or any of your passengers were injured, contact a personal injury attorney.

Accidents with injuries can be complicated. Some injuries cause medical bills that will occur for decades to come. Other types of injuries may impair an individual’s ability to work on their own or any profession. Serious injuries can cause cognitive decline or the inability to function in a number of capacities. Appropriate compensation can be difficult to determine. Attempting to settle your claim without an expert by your side can result in accepting less than you should.

It’s not a money matter so much as it is a question of whether you’ll be able to cover the medical expenses related to your injuries in the coming years.

The compensation can be just as difficult to determine when there is a fatal injury. There are multiple ways to calculate the financial compensation that should be paid when a life is lost and all of them can appear logical.

Hopefully, you will never need this information but if you do, remember to remain as calm as possible and follow the steps outlined above.

Common Cause of Pedestrian Accidents

Common Cause of Pedestrian Accidents and How to Stay Safe

Walking is a good form of exercise and one of the cheapest but it has risks. The number of pedestrian accidents remains high the data from NHTSA reported 5,977 pedestrians killed in traffic crashes in 2017.

Each time you stroll outside around vehicles, you risk coming into contact with one sustaining injuries. The accident might be the fault of the driver or the culpability of the person on foot.

Common Cause of Pedestrian Accidents

COMMON CAUSE OF PEDESTRIAN ACCIDENTS

There are countless reasons why injuries and sometimes lethal accidents happen to pedestrians. Here are the most common causes of these mishaps:

Pedestrians not using sidewalks

Some pedestrians prefer to walk on the roadway than a sidewalk. There are reasons when sidewalks are not available like constructions on buildings make walkways impassable or an errant cyclist rides on the sidewalk. Pedestrians have no choice but to walk on the roads, people on foot are likely to be hit by vehicles.

If you stroll on the shoulder avoid distractions to stay focused on your surroundings. Most pedestrians involved in accidents are using cellphones and music devices.

Alcohol use

Drunk drivers and pedestrians alike will use the roadways foolishly after their merrymaking exposing both parties to danger. Mostly, walkers under the influence of alcohol suffer fatal pedestrian accidents.

Common Cause of Pedestrian AccidentsPedestrians wearing dark clothing

During nighttime visibility is compromised, pedestrians wearing dark clothes are at a higher risk of being hit by drivers who may not see them until it’s too late. If you are walking at night wear light, bright or reflective clothing or carry a flashlight so drivers can see you.

Left-hand turns

Crosswalks are no guarantee that pedestrians are safe from vehicles. Both parties aren’t paying attention to each other, the person on foot is looking straight ahead while the driver negotiating the turn is busy watching oncoming vehicles for an opening to let them turn.

Unmarked crosswalks

Many pedestrian accidents occur at roundabouts. Not all roads or intersections have well- defined crosswalks. If you need to cross a street without a crosswalk look for a spot that is bright and wait for a break in traffic before crossing.

Drivers distraction

A driver who is not focused on the road can hit, harm, and kill people on foot. The use of cellphones while driving is a major factor causing inattentiveness resulting in accidents.

HOW PEDESTRIANS CAN STAY SAFE?

Everyone is a pedestrian, and it is everybody’s concern to walk safely in their community. Here are tips to arrive in one piece in your destination

  • Obey the rules of the road and respect the signs and signals.
  • Use the sidewalks when available. If there is none, walk facing the traffic and as far as possible from the traffic.
  • Avoid distractions, keep your eyes peeled on the road.
  • Create eye contact with drivers to make sure that you are seen.
  • Watch car movement
  • Be wary of vehicles entering or leaving carports or backing up in parking areas.
  • Avoid alcohol and drugs these impair your facilities and judgment when walking.
  • Do not run when crossing the street, pause and look for gaps in the traffic.

WHAT TO DO WHEN YOU’RE A VICTIM?

Common Cause of Pedestrian AccidentsMost states expect drivers to focus on hazards on the street and a pedestrian qualify as one. Drivers have a commitment to see and keep away from things when on the road.

If a person on foot is hit by a vehicle, the driver is typically viewed to be at fault, regardless of whether the pedestrian was not in a crosswalk. Here are the things you should do:

  • Get proper medical care.
  • Call the police and have a report be filed.
  • Gather information of everyone involved such as contact number, insurance, license, and plate numbers.
  • Take notes of witness accounts.
  • Take photographic evidence.

After completing these steps seek the assistance of a personal injury attorney. Never provide statements or sign anything to insurance representatives without legal help.

A lawyer will help you recover financial compensation for the injuries suffered. These funds will defray expenses for the medical treatment, compensate for lost wages, and give remuneration to injuries suffered.

He will protect your rights, provide advice, and represent you in court if a lawsuit is filed.

File A Las Vegas Personal Injury Lawsuit

How Long Does It Take To File Personal Injury Lawsuit in Las Vegas?

File A Las Vegas Personal Injury LawsuitNo one likes to be involved in an accident, but unfortunately, accidents on the road, at homes, and workplaces are an unavoidable part of life. It is bound to happen to anyone, regardless of income or location.

In most cases, the victims are traumatized after the accident. They tend to be scared, confused, in pain, and a range of other emotions run through their mind – all of which eventually increases the stress levels. In some cases, accidents can also de-capacitate a person and make him/her unfit to continue earning a livelihood. When such catastrophic events happen, it impacts not just the individual, but also the entire family.

The only silver lining in accidents is that the victim may be eligible for compensation if the accident happened due to the willful neglect or negligence of another party. To get this compensation, it is best to take the legal route of filing a lawsuit and proving it with the right evidence.

Let’s take a look at some important things to keep in mind when it comes to filing a lawsuit and getting the right compensation. Such lawsuits are called personal injury lawsuits as they are based on the personal injury caused to the victim.

IMPORTANCE OF STATUTE OF LIMITATIONS

The first thing to remember is there is a time limit for filing charges. This is sensible considering that many wrongdoings happen on an everyday basis and it is important for both the plaintiff and the defendant to file the case at the earliest, so it gives the law enforcement authorities a good chance of finding or validating evidence.

This time period for filing a personal injury lawsuit varies from state to state. In the state of Nevada, there is a three-year time limit for filing criminal cases and four years for filing cases related to theft, arson, burglary, sexual assault, and forgery. However, murder has no statute of limitation.

STEPS FOR FILING A LAWSUIT

File A Las Vegas Personal Injury Lawsuit?Now that you know the time period by which you should file a case, get on it at the earliest. Here is a step-by-step process on how you can file a lawsuit.

  • As a first step, never admit to your fault (even if you’re at fault). Admitting your fault can reduce your ability to recover compensation for injuries that you sustained during the accident.
  • Get medical help right away, especially if your injuries are serious.
  • Once you feel better, try to gather as much evidence as possible about the accident. This is necessary to prove that the other party is at fault.
  • Talk to an attorney, if you’d like. Otherwise, go ahead and file a case in your local court.
  • Wait for the hearing date and time and present your evidence to the jury.

TYPES OF PERSONAL INJURY LAWSUIT

Broadly speaking, there are six kinds of personal injury lawsuit cases and you can determine which of these categories you fall into. The different types are:

  • Car accidents – An accident happens when someone is not following the road rules properly, and it is only fair that the driver should be financially and morally responsible for this neglect.
  • Medical malpractice – In this type of case, a doctor or healthcare provider has failed to provide adequate medical care, and the patient is impacted because of this.
  • Slip and fall cases – Property owners have a legal responsibility to keep their premises safe and if an injury has occurred because of their negligence, you’re eligible for compensation.
  • Defamation – If you have suffered damage to your reputation due to untrue comments, you can file a case.
  • Assault and other intentional torts – These injuries are done with intent by one or a group of people and this gives the victim a chance for compensation.
  • Dog bites – Dog owners are responsible to pay damages if a person is injured due to the behavior of their dog.

IMPORTANCE OF HAVING A PERSONAL INJURY ATTORNEY BY YOUR SIDE

Having a personal injury attorney by your side greatly improves your chances your winning as they are familiar with the laws and have the experience to win these cases for you.

Thus, these are some of the things to keep in mind while approaching a personal injury lawsuit.

How to Identify a Distracted Driver

How to Identify a Distracted Driver?

How to Identify a Distracted DriverEven if you’re an exceptional diver, accidents do happen and spare no one. Do not expect drivers of nearby vehicles to abide by the road rules or move through traffic in a predictable manner as you do. You should always be alert of your surroundings to take any preventive measures if necessary.

You will often see today’s drivers multitasking with their tech gadgets behind the wheels. There were 3,166 motor vehicle deaths in 2017 involving distracted driving. According to the National Highway Traffic Safety Administration (NHTSA) texting is on top of the list for the most alarming disruption.

Reading or sending a text message for a few seconds takes your mind off driving, just like covering the length of an entire football field in 60 mph with eyes closed.

Driving should have your full attention any potential distraction increases your risk of collision. Here are some tips to spot a distracted driver and the importance of having a personal injury attorney las vegas by your side.

COGNITIVE DRIVING DISTRACTIONS

How to Identify a Distracted DriverBasically, anything can be considered a cognitive driving diversion which takes your mind away from the traffic conditions around you. Some instances are:

  • Checking on or conversing with passengers
  • Looking over the things-to-do list
  • Peeping at or adjusting the navigation system
  • Wearing headphones
  • Reaching for something
  • Eating and drinking
  • Sprucing yourself

The more attention you give to these tasks the less focused you are on the motorway ahead of you and the more chances you’ll be involved in an accident.

You may not control the other drivers on the road, but you can do your part to eliminate disruptions reducing the risk of collision.

How to Identify a Distracted Driver

SUDDEN BRAKING

Most drivers who sharply applies the brake means they lack attentiveness on the road. So, if you floor the pedal to avoid hitting the car in front of you, it is either you are driving too close or too fast. Be mindful of the gaps between cars, the speed, and the road condition to calmly apply your break.

For example, the traffic in front is reaching a gradual stop and you suddenly pummel on the brakes, most likely you were not focused on the road ahead. Your mind might be wandering or doing some things that caught your attention. You are a distracted driver, response to road situations are slow the mind is not fully engaged in driving.

INABILITY TO MAINTAIN LANE POSITION

This is the trademark of every distracted driver. The eyes are distracted, directed at the dashboard or anything nearby which lasts for several seconds at a time. The visually distracted person may oversteer with hard and quick maneuvers causing the car to drift in and out of the lane.

A vehicle that is floating away from the center of the lane, regardless of whether it doesn’t cross the lines, is a sign that the driver is diverted. Allow some extra space to avoid contact if the driver decides to switch lanes.

WHAT TO DO IN CASE OF A CAR ACCIDENT?

How to Identify a Distracted DriverDriving is a complicated activity. You need to focus on the road, the different drivers on the bustling lanes, the pedestrians, the noisy backseat drivers, and everything in between. But no matter how careful you are car accidents do happen.

Here are the things to do to protect yourself and your interests in case of a mishap.

  • Never drive away from the scene of the crime.
  • Keep your flashers on to prevent further accidents.
  • Call the police, they will prepare a report which you can use to file a claim with your insurance company. Make sure to tell the police officer exactly what happened to the best of your knowledge. The vehicle involved in the accident should not be moved unless they interfere with traffic.
  • Take pictures of the damage to the vehicles and your visible injuries, if any.
  • Seek medical care, injuries often are not obvious on the spot and it takes a day or two before the pain is felt.

HIRE THE SERVICES OF A PERSONAL INJURY ATTORNEY

Importantly, gather all your accident-related documents and information and consult your personal injury attorney in Las Vegas.

Insurance companies will protect their interest by shifting the blame to the drivers involved limiting your compensation in the accident or blame it entirely on you. They will work their way into the legal rudiments of the insurance coverage so they could avoid a full payout.

They would take statements after the accident before helping one receive legal advice. Your personal injury attorney will counsel you on how to be fully compensated for your damaged vehicle and to get the best medical treatment for your injury.

Las Vegas Fender-Bender

What To Do If You End up In Las Vegas Fender-Bender?

Las Vegas Fender-BenderMinor accidents are often termed as a fender-bender. The general opinion is that fender-bender is not big a deal, but the truth is it is a big deal for the victim. Imagine your car is damaged or you have sustained minor physical injuries in a fender-bender. Fixing your car as well as getting medical help for your injuries is going to cost you some money. Why should you spend, regardless of how low it is, from your pocket for the mistake committed by someone?

That’s exactly why fender-bender cases are also eligible for compensation, provided you can prove that the damage was caused due to the negligence or carelessness of the other person. The laws pertaining to fender-bender vary from state to state.

In this article, let’s take a look at Las Vegas fender-bender laws and what you can do to get fair compensation for the damage.

IT’S BETTER IF SOMEONE TAKES ACCOUNTABILITY

Las Vegas Fender-BenderMost fender-bender cases tend to revolve around car accidents. Any accident is the result of some driver’s mistake and it is only fair that the driver is held financially and morally accountable for this lapse or negligence. Hence, they should pay fair compensation to you for the damage sustained to your car or the medical expenses pertaining to any physical injuries you may have had in this regard.

Ideally, call a police officer to the scene as they will help to document the case and point the problem to the correct driver. At the same time, seek immediate medical help if you have sustained any injuries. Else, take photos with your cell phone or gather as much evidence as possible to show that you have sustained damages or injuries due to someone’s fault. In general, the more evidence you have, the greater is the chance for you to win fair compensation.

The same applies to not just car accidents, but other fender-bender cases too.

DON’T CONTACT YOUR INSURANCE COMPANY RIGHT AWAY

One common mistake that most people involved in a Las Vegas fender-bender do is to contact the insurance company right away.

This is because the insurance company would want to settle such cases at the earliest and would give you compensation that may be well below the actual cost of damage. This is why never contact the insurance company right away or even if you do, never accept the first offer they make.

CONTACT YOUR LAS VEGAS ATTORNEY

Las Vegas Fender-BenderA better strategy is to reach out to a Las Vegas personal injury attorney who specializes in Las Vegas fender-bender cases. These attorneys understand the state and federal laws pertaining to such cases and can provide the right guidance. Also, they will be able to estimate your compensation from their experience and will work with you to get the highest possible compensation from the person at fault or the insurance company.

This is exactly why you should not contact the insurance company right away. You’re better off asking your attorney to talk to the insurance company agent as the attorney is familiar with the ways of these insurance companies and they can negotiate a better deal for you.

While choosing an attorney, here are some aspects to keep in mind.

  • The attorney should be familiar with the local laws
  • The attorney should specialize in fender-bender cases and should have many years of experience handling such cases.
  • Good communication is a central part of the whole process, as you should know what’s going on at any time.

CONCLUSION

To conclude, fender-bender cases are common, but that doesn’t mean you should just brush them aside because these cases will entail some financial loss for you, even if they’re small. Instead of paying for these out of your savings, you’re better off getting the compensation for damages from the person who caused it in the first place or the insurance company, depending on the circumstances of the case.

Regardless of the size of damages, it is best you reach out to an experienced attorney who specializes in fender-bender cases to ensure that you’re given a fair amount as compensation. Since these lawyers know the laws and have the best negotiation skills, you can rest assured that you’re in safe hands and you’ll face no financial loss whatsoever in these fender-bender accidents.