Las Vegas Injury Lawyers Blog

There are few things that can ruin a day like an auto accident. It's unexpected, and because you can only prepare so much to avoid one, when it happens, it's stressful. If you are involved in a car accident anywhere in Nevada, including Las Vegas, reduce the stress and reinstill some calm by knowing the following few tips and Nevada car accident laws.

Tip One: Remember the Scout Motto - "Be Prepared"

Keep your car well maintained. Make sure your car follows the maintenance schedule laid out by the car's manufacturer in your vehicle's owner manual. In between maintenance inspections, routinely check the air pressure in your tires and the wear down of your wipers. After your car has sat for awhile, pull it away and check the ground for fluid leakages.

Be prepared for any Nevada car accident by putting a car emergency kit either in your trunk or underneath a front seat. You can buy a prepared car accident kit or put one together yourself. At a minimum your kit should include a flashlight, first aid materials, a camera, an ink pen, and a blanket. And whenever you drive, carry your driver's license, insurance registration, medical information, and a cell phone. To be extra prepared, if you have some type of Smartphone, consider installing a car accident app.

Tip Two: After an Accident Do the "Immediates"

After a car accident, the first reaction for most drivers and passengers is panic, then anger. As time is critical, tamper your emotions so critical steps can be taken.

Check the accident surroundings. Is anyone injured? Is there fire or the potential for fire or explosion? As soon as possible and if possible, alleviate any emergency situations that could lead to further injury or damage.

Move the cars to the side of the road or a nearby car accident area away from traffic, if possible.

Even if there is not much car damage or injury, call the police so you have a record of the accident and any fault can be assessed. If there are serious injuries, calling 911 will reach an ambulance service as well as the police.

Remember to take down notes about the car accident and the names and contact information for any witnesses, and call your insurance agent.

Finally, as soon as it is convenient, take pictures of the entire car's interior and exterior, the accident area, and any injuries. Also, though Nevada law requires both parties' consent to record conversations, as most car accidents occur outside, the expectation of privacy is debatable, so use your cell phone's camcorder to record any spontaneous statements and conversations made by the other parties in the accident.

Tip Three: Zip Your Lips

While the police will inquire as to how the accident occurred, only give them the facts. Never voice out loud to yourself or anyone else, a statement of fault. Limit that discussion to conversations with your insurance agent and attorney. Furthermore, do not make a statement to the other insurance companies before consulting with your own insurer or attorney. Finally, unless requested by the police or your insurer, do not sign any documents proffered.

Tip Four: Consider Hiring an Attorney

Under Nevada law for all car accidents, all drivers must carry insurance with coverage of a minimum of $30,000 for all bodily injury (limited to $15,000 per person) and $10,000 for property damage. Consult NRS 484.219 to 249 which outline the responsibilities of all drivers involved in and the reporting of accidents in Nevada.

Continue reading "Avoid the Stress of a Car Accident, Hire an Attorney" »

Like many states, Nevada's Child Custody Laws determine the legal and physical custody of minor children by utilizing a standard of what's "in the best interest of the child." While joint legal custody is encouraged, sole custody may be given to either parent.

But what is legal and physical custody?

Legal custody refers to any decision that relates to the welfare of the child, how the child will be raised, such as the child's education, health, choice of religion, etc. Under Nevada law, parents who are married have joint legal custody of their child. If the parents are unmarried, joint legal custody is not automatic, but is generally granted by the courts.

Physical custody alludes to where the child physically lives.

In determining what is in the best interest of the child, NRS 125.480 is the controlling law. Factors the court considers in are ...
• The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his or her custody.
• Any nomination by a parent or a guardian for the child.
• Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent.
• The level of conflict between the parents.
• The ability of the parents to cooperate to meet the needs of the child.
• The mental and physical health of the parents.
• The physical, developmental and emotional needs of the child.
• The nature of the relationship of the child with each parent.
• The ability of the child to maintain a relationship with any sibling.
• Any history of parental abuse or neglect of the child or a sibling of the child.
• Whether either parent or any other person seeking custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child, and
• Whether either parent or any other person seeking custody has committed any act of abduction against the child or any other child.

To begin a child custody process in Nevada, parents generally enter a mediation process. Under NRS 3.475, all parents living in Clark County are required to resolve custody disputes through confidential mediation. During mediation, a court appointed mediator will try to guide the parents to work out a suitable and amicable resolution of their child custody issues. Parents should remember the mediator is neutral and will not give either party legal advice. Though counsel is not permitted in mediation sessions, it is good advice to obtain legal advice before entering the mediation process.

Any issues agreed upon during the mediation process are codified into a child custody agreement which is then submitted to the court for final approval. Before the agreement is submitted, however, each party's attorney should review the document. Any issues not agreed upon during mediation are referred to the court for hearing.

Continue reading "Nevada's Child Custody Laws Put the Child First" »

With the increased traffic in the city during the holidays, Las Vegas police continued their annual program to warn Las Vegas drivers and pedestrians about the rules of the road and potential traffic dangers. How? By dressing Las Vegas police officers in turkey costumes and posting them in the crosswalks at three of the busiest intersections in Las Vegas - Charleston Boulevard and Burnham Avenue; Maryland Parkway and Reno Avenue; and Maryland Parkway and University Road - during the Thanksgiving holidays. During the Christmas holidays, the officers dress as Santa Claus.

Though traffic fatalities in Nevada are lower than in previous years, the number of pedestrian deaths has increased. According to the Nevada Transportation Board, so far this year, 41 pedestrian have been killed compared to 33 for the entire year of 2010. This included the death of CBS's Reno television sports editor, JK Metsker, who was killed as he crossed the street after covering the Nevada-Hawaii football game, as well as an 11-year-old girl who was seriously injured while crossing Jones Boulevard against the light and outside the crosswalk the day the police conducted the safety program.

Under NRS 484.3245, a driver of a motor vehicle in Las Vegas is required to:
1. Exercise due care to avoid a collision with a pedestrian;
2. Give an audible warning with the horn of the vehicle if appropriate and when necessary to avoid such a collision; and
3. Exercise proper caution upon observing a pedestrian on or near a highway, street or road or in or near a school crossing zone marked in accordance with NRS 484B.363 or a marked or unmarked crosswalk.

NRS 484B.283 requires:
1. When official traffic-control devices are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be so to yield, to a pedestrian crossing the highway within a crosswalk when the pedestrian is upon the half of the highway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the highway as to be in danger.
2. A pedestrian shall not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
3. Whenever a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle until the driver has determined that the vehicle being overtaken was not stopped for the purpose of permitting a pedestrian to cross the highway.
4. Whenever signals exhibiting the words "Walk" or "Don't Walk" are in place ...
(a) While the "Walk" indication is illuminated, pedestrians facing the signal may proceed across the highway in the direction of the signal and must be given the right-of-way by the drivers of all vehicles.
(b) While the "Don't Walk" indication is illuminated, either steady or flashing, a pedestrian shall not start to cross the highway in the direction of the signal, but any pedestrian who has partially completed the crossing during the "Walk" indication shall proceed to a sidewalk, or to a safety zone if one is provided.
(d) Whenever a signal system provides a signal phase for the stopping of all vehicular traffic and the exclusive movement of pedestrians, and "Walk" and "Don't Walk" indications control pedestrian movement, pedestrians may cross in any direction between corners of the intersection offering the shortest route within the boundaries of the intersection when the "Walk" indication is exhibited, and when signals and other official traffic-control devices direct pedestrian movement in the manner provided.

NRS 484B.287 further governs pedestrians by requiring:
1. Every pedestrian crossing a highway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the highway.
2. Any pedestrian crossing a highway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the highway.
3. Between adjacent intersections at which official traffic-control devices are in operation pedestrians shall not cross at any place except in a marked crosswalk.
4. A pedestrian shall not cross an intersection diagonally unless authorized by official traffic-control devices.
5. When authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.

So far for the holiday, the Las Vegas police safety awareness program has issued 64 citations to drivers for failing to stop, speeding, and driving under the influence. But while the drivers received the tickets, the Las Vegas police reminded pedestrians to look both ways before crossing, even in crosswalks.

Continue reading "Las Vegas Police Go Beyond to Protect Pedestrians during Holidays" »

Under Title VII of the Civil Rights Act of 1964 and the Nevada Fair Employment Practices Act (NV Rev. Stat. Sec. 613.310et seq.), Las Vegas employers with 15 or more employees may not discriminate against their employees on the basis of sex or sexual orientation/stereotyping. As of October 2011, Las Vegas employers also are prohibited from discriminating based on gender identity. For federal and state purposes, sexual harassment is sex discrimination. Two of the biggest obstacles in any sexual harassment case are 1) defining what sexual harassment is, and 2) sufficiently proving that sexual harassment occurred.

What is Sexual Harassment?
"I know it when I see it." These words, uttered by Supreme Court Justice Potter Stewart in describing his test to determine what is and is not pornography, can also be aptly applied in describing sexual harassment - the person allegedly harassed knows it when they see or feel offended.

The victim can be the person directly harassed, or someone offended by the conduct. Additionally, the harasser can be a fellow employee - supervisor or co-worker - or someone who has a business relationship with the employer - agent or client.

Generally acts of sexual harassment fall into two categories:

Quid Pro Quo: A person in a position of power makes sexual demands on another person by or through direct or overt pressure.

Hostile environment: The work environment allows unwelcome sexual behavior that creates an offensive, hostile, or intimidating workplace, affects the victim's employment, or unreasonably interferes with the victim's work performance.

Sexual harassment generally includes the following type of behavior:
1) sexist statements or behavior that insult or degrade one's gender; for instance, making sexual comments about another person's body parts or appearance, telling lewd jokes, or divulging sexual anecdotes.
2) unwelcomed or inappropriate physical or verbal seductive behavior, such as sharing or posting sexually inappropriate images, making sexual gestures, touching, or asking questions about one's sexual history or orientation.
3) sexual bribery or coercion, which includes a promise of reward for engaging in or threat of punishment for not engaging in a sexual activity.

Proving Sexual Harassment
The burden of proof to prove sexual harassment occurs is always initially with the alleged victim. In addition to showing an act or acts of sexual harassment occurred, the victim must also demonstrate that they are part of a class protected against sexual harassment, a complaint (preferably in writing) was appropriately made to management or followed the employer's stated chain of command in such situations, and that the employer failed to act on the complaint. Once the victim meets this burden, to avoid damages, a Las Vegas employer must show the complained upon acts did not constitute harassment or were not sexual in nature, the victim was not a member of a protected class, no or an insufficient complaint was made, and the Las Vegas employer properly acted on the complaint.

While sexual harassment may occur without economic injury to or discharge of the victim, economic injury - firing, suspension, demotion, and relocation - and other forms of retaliation -ostracization, coworker harassment, and undesirable changes to job duties - towards the victim are also prohibited. A separate cause of action for retaliation is available to the victim, and if proven, can strengthen the victim's sexual harassment case.

Continue reading "Sexual Harassment is Sexual Discrimination" »

With endless parties and unending booze, Las Vegas is the nation's ultimate Sin City. And while what happens in Vegas should stay in Vegas, one stay locals and visitors do not enjoy is a stay at the local jail, which occurs if one is arrested for a DUI.

Though Las Vegas isn't one of the top ten "drunkest" cities in the U.S., according to Men's Health magazine's 2010 list of America's "drunkest" cities, the "city that never sleeps" ranks 11. It also, under Nevada law, ranks as one of the toughest states on drivers caught driving under the influence of alcohol. A Las Vegas criminal defense attorney can help you navigate this legal stream.

Under Nevada law, a driver is deemed driving under the influence of alcohol and subject to arrest if the driver's Blood Alcohol Concentration (BAC) is at or above the following minimums:
• 0.02% for drivers under the age of 21
• 0.04% for commercial license holders
• 0.08% for everyone else.
And even if a driver's BAC is below the Nevada's Illegal Per Se Law limits, a driver with a lower but detectable amount of alcohol can also be arrested if they appear unable to safely drive a vehicle.

Most important, under Nevada's Implied Consent Law, a Las Vegas driver "implies" consent to have their BAC tested (blood, breath, or urine) by a police officer the moment they get into a car and drive. Refusal to cooperate is implied as a resist and gives the police the right to make an immediate arrest or even, though less likely, use reasonable force to carry out the test.

Once arrested, under Nevada law there are two types of penalties for suspected DUI's - administrative and criminal. The Nevada Department of Motor Vehicles handles administrative punishment and upon a DUI arrest in Las Vegas, a driver's license can be suspended. If the driver's BAC registers .08 or more, the Nevada Department of Motor Vehicles can revoke driving privileges and the police can take your license on the spot.

If found guilty of a DUI, criminal punishment is meted depending on whether it is your first, second, third, or more offense.
With a first DUI offense in Las Vegas, punishment can include:
• 2 days to 6 months in jail OR 24 to 96 hours of community service with a suspended jail sentence of up to 6 months.
• a fine of $400 to $1000, plus court costs.
• 8 hours of DUI school at the driver's own expense.
• mandatory attendance at a Nevada Victim Impact Panel.
• a suspension of your driver's license for 90 days, though a restricted driver's license allowing driving to and from work or in the course of employment can be applied for after 45 days of the suspension has passed.
• installation of an "ignition interlock device" for 3 to 6 months and/or submission to alcohol abuse assessment, if the BAC is .18% or higher.

If a second DUI offense occurs in Las Vegas within 7 years of the first DUI conviction, punishment can include:
• 10 days to 6 months in jail.
• a fine of $750 to $1000, plus court costs.
• 1-200 hours of community service.
• mandatory attendance at a Nevada Victim Impact Panel.
• a suspension of your driver's license for 1 year.
• an Alcohol Assessment Evaluation.
• installation of an "ignition interlock device" for 12 to 36 months and treatment in an alcohol abuse program, if the BAC is .18% or higher.

If a third or more offense occurs within 7 years of the first DUI conviction, the DUI conviction becomes a felony, instead of a misdemeanor for the first two offenses, and punishment can include:
• 1 to 6 years in jail.
• a fine of $2-$5,000, plus court costs.
• mandatory attendance at a Nevada Victim Impact Panel.
• a revocation of one's driver's license for 3 years or more.
• an Alcohol Assessment Evaluation.
• an "ignition interlock device" for 12 to 36 months and treatment in an alcohol abuse program.
If a suspected drunk driver causes injury or death to another person, additional punishment and penalties can apply.

Continue reading "DUI's are a Bigger Sin in the Sin City" »

6 Steps to Choose the Best Las Vegas Criminal Defense Attorney

It is scary to be a suspect in a criminal situation, worse to be arrested. Whether you are a Las Vegas local or visitor, protect yourself by hiring the best criminal defense attorney as early as possible. Here is a six step guide to getting the best legal help in the worst criminal situations.

Step 1: Chose a Las Vegas criminal defense attorney who specializes in the criminal area that applies to you. Some criminal defense attorneys are generalists. They accept any criminal case that pays. Some criminal defense attorneys handle criminal matters "on the side" or practice civil law too. A criminal defense attorney who specializes in a particular area knows the applicable laws and their nuances. What they don't know, they know where to find.

Step 2: Look for substantial and recent experience. To properly navigate the legal system, attorneys need practical experience. Since laws change, recent experience is helpful. Inquire how many cases similar to yours' the attorney has handled in the last few years, and of these, how many were resolved in the client's best interest?

Step 3: Since each courthouse has its own rules, look for a criminal defense attorney who has courtroom experience in your courthouse jurisdiction. And though not every criminal matter ends in a trial, if trial is a possibility, you want a criminal defense attorney who can represent you up to and including through a trial.

Step 4: Make sure your Las Vegas criminal defense attorney has an impeccable reputation. Is the attorney highly respected by law enforcement and courthouse personnel, including judges? Is the attorney referred by a friend or trusted source? Does the Nevada and Las Vegas Bar Associations make referrals to this attorney? Has the attorney been disciplined, or had numerous complaints/lawsuits filed against them?

Step 5: Meet the attorney at their office. Meeting face to face on the attorney's territory gleans information on how the attorney may work for you. Is the attorney's office run efficiently? Attorneys notoriously have messy desks, but a good attorney can quickly find anything. Are there enough support personnel so the attorney solely focuses on cases? Will other associates be involved in your case? If associates do more than research, meet them too. Ask the attorney about their present workload. Too many or few cases may be a sign you will not be adequately represented. Other red flags - the attorney did not call back or meet with you within a reasonable time; the meeting is rushed; during the meeting the attorney allows interruptions for nonemergency visits or phone calls. Lastly, for this attorney is it "just about the money?"

Step 6: Finally, go with your gut feeling. Does the attorney make you feel at ease? Is the attorney condescending or inconsiderate? You do not have to "like" the attorney, but getting along aids communication and avoids "not related to the case" issues.

Continue reading "6 Steps to Choose the Best Las Vegas Criminal Defense Attorney" »

You're out on the Strip. Celebrating. Having a good time. Hours later when you and your buddy leave, whether your buddy is fit to drive is questionable. But you let them get behind the wheel, you climb into the passenger seat, and the unfortunate happens. An accident. And you're seriously injured.

Or ... you're out on the Strip. As you leave to go home you jaywalk or cross the street on a red light. You're hit by a drunk driver and sustain injuries.

Who's liable?

Under Cromer v. Wilson, 225 P. 3d 788 - Nev: Supreme Court 2010, the state's high court ruling would hold that the party driving, who was inebriated, AND the person not driving whether a passenger or pedestrian are both liable. The difference is the liability of the driver is taken into account in determining whether the driver is innocent or guilty of a criminal act, while the liability of the passenger or pedestrian is taken into account in determining how much damages are awarded if the driver is found guilty.

In Cromer, Cromer was a passenger in a car driven by Wilson when Wilson ran off the road. The car rolled several times and Cromer was seriously injured, suffering two spinal vertebrae fractures, four broken ribs, a broken wrist, and a broken collarbone. .

At the time of the accident, Wilson's blood alcohol content (BAC) registered 0.31. An ensuing toxicology report showed Wilson also had cocaine in his system. Subsequently, Wilson was found guilty of two felonies - a DUI and reckless driving (he was speeding when the accident occurred).

An incomplete quadriplegic, with severe disabilities in his legs, arms, and hands, Cromer sued Wilson for his injuries. He asked the court for a ruling of a summary judgment claiming under Nevada law Wilson's felony convictions automatically made Wilson liable for Cromer's injuries. In defense, Wilson pleaded comparative negligence, claiming that Cromer was legally responsible for his injuries.

Nevada's district court held that Cromer was not entitled to a summary judgment because, by Wilson pleading comparative negligence, whether there was liability, the amount of each person's liability, and the amount of damages now were a question of fact to be determined by a jury. At trial, a jury assessed fault as follows: 25% for Cromer, 75% for Wilson, and awarded damages of $4.5 million. Cromer appealed arguing the district court erred in not awarding him summary judgment and allowing Wilson to argue comparative negligence.

The Nevada Supreme Court agreed with Cromer.

Under NRS 41.133, "conviction of crime is conclusive evidence of facts necessary to impose civil liability for related injury. If an offender has been convicted of the crime which resulted in the injury to the victim, the judgment of conviction is conclusive evidence of all facts necessary to impose civil liability for the injury." As such, Wilson's felony convictions automatically made him liable for Cromer's injuries and a summary judgment to this fact should have been rendered.

Furthermore under NRS 41.141, "in any action to recover damages for death or injury to persons or for injury to property in which comparative negligence is asserted as a defense, the comparative negligence of the plaintiff or the plaintiff's decedent does not bar a recovery if that negligence was not greater than the negligence or gross negligence of the parties to the action against whom recovery is sought." As such, any negligence Cromer may have had should be taken into account in determining damages, not liability.

As the district court used an incorrect method, but did reach the correct outcome, the high court upheld the judgment.

Continue reading "DUI Injuries Determine Damages, Not Guilt" »

With hundreds of nightclubs, thousands of party-goers pour into Las Vegas nightclubs each week. As such nightclub accidents can and will happen for many reasons. Know the potential dangers of nightclub accidents so you can protect your rights, as soon as possible, if you or your companions are injured.

Injuries in a Las Vegas nightclub are covered under Nevada's premises liability laws. As licensed proprietors, Las Vegas nightclub owners, their employees, and agents are expected to know the premises liability laws. Basically, under Nevada law, Las Vegas nightclubs need to exercise reasonable and ordinary care to make their establishments safe for their guests. Basile v. Union Plaza Hotel & Casino, 887 P. 2d 273 (Nev. 1994). If a person is injured in a Las Vegas nightclub, the nightclub is liable if ...
1) the negligence of the nightclub's property owner or manager, not the person who was injured, causes the injury, and
2) the nightclub's property owner or manager knew or should have known that a dangerous condition which could cause injury existed, but despite having this knowledge failed to act.

For instance, if a nightclub guest spills a drink and another guest immediately slips and fall it is questionable that the nightclub's owner or manager had sufficient time to know of the dangerous condition and act to make it safe. However if the nightclub's owner or manager, or one of their employees or agents sees the drink spill and does not immediately act to remedy the situation and a guest slips and falls, it is a known unsafe condition and the nightclub can be liable for the injury.

In addition to being liable for injuries caused by their owner, manager, employees, and agents, Las Vegas nightclubs can also be liable if, while in the act of committing a crime, a third-party injures a guest AND the nightclub knows that crimes have previously happened on the nightclub premises.

In Doud v. Las Vegas Hilton Corp., a patron legally parked his RV in the Las Vegas Hilton Hotel and Casino's parking lot. When the patron went back to his RV he was savagely attacked and severely injured. The patron filed a premises liability lawsuit arguing the Las Vegas Hilton was liable because the Hilton negligently failed to staff the premises, which included the parking lot, with an adequate amount of security.

Nevada's District Court decided the attack and robbery were not foreseeable and therefore the Hilton had no knowledge any of their patrons were in any danger from third parties. The District Court denied the patron relief and granted summary judgment to the Hilton. Upon review, the Nevada Supreme Court reversed the lower court's decision, holding that a previous robbery in the Hilton's parking lot, along with 85 other criminal acts at the Hilton premises (of which 78 occurred in Hilton parking lots) raised a material issue of fact as to whether the Hilton management should have been on notice there was potential danger on its premises. See Doud v. Las Vegas Hilton Corp., 864 P. 2d 796 (Nev. 1993).

Though the most common premises liability cases are slip, trip, and fall accidents, nightclub owners can also be found liable for injuries that ensue from circumstances that are the result of unsafe, dangerous, or defective conditions, or deficient maintenance. Examples are:
1) defective lighting
2) equipment that was installed or maintained improperly
3) exposure to chemical hazards, and
4) animal attacks.

Continue reading "Las Vegas Nightclubs: Don't Slip on Your Rights if Injured" »