Las Vegas Injury Lawyers Blog

The Las Vegas Metropolitan Police are seeking witnesses to a fatal school bus accident where an 11-year old girl fell under a Thomas school bus and was killed. Witnesses are being sought because why the child fell is unknown. While the 11-year-old girl is the first minor killed by a school bus in the last six months, the accident is the 27th fatal traffic collision in Metropolitan Las Vegas this year.

Every year in Nevada, passengers, drivers, and bystanders are injured in bus accidents. Whether the bus is a school bus, city bus, or charter bus, all parties to a bus accident should know their rights.

City buses are public transportation. Since public transportation rarely has any sort of restraint system, injuries that occur in public transportation accidents can be more serious than those that would occur in a comparable car accident. Charter buses are generally owned by private companies, while school buses can be publicly or privately run.

But regardless of who owns and/or operates the buses, in Nevada the agency or company must exercise a reasonable duty of care to keep their passengers safe. Accidents that occur due to poorly-maintained equipment, inadequately trained drivers, or other preventable issues expose the owners, operators, and mechanics to liability. If the bus was poorly designed or manufactured, the designer and/or parts and bus manufacturer may be liable for any injuries or deaths that occur from the accident. Finally, bus drivers who violate drive laws or drive impaired can also find themselves liable for their bus accidents. Negligent drivers of a secondary vehicle that may have caused the bus to crash can also be held liable.

If you find yourself involved in a Nevada bus accident, the first and most important step is to take care of any medical issues you may have. Don't be the tough guy or fail to seek the right treatment as this could result in permanent impairment or serious undiagnosed injuries.

As soon as reasonably possible you should seek legal counsel immediately. Many forms of public transportation fall under special laws, and require special knowledge or expertise to litigate. Civil lawsuits also have a statute of limitations which bar recovery if a lawsuit is not filed within a certain period of time after the bus accident. And if governmental or similar bodies are involved, the statute of limitations may even be shorter. An attorney experienced in bus accidents will be present and guide you in speaking to insurance companies or other attorneys who don't have your best interest as a priority. The attorney will also correctly identify the liable party or parties and build a case for you.

Continue reading "Las Vegas Police Seek Help with Fatal School Bus Accident" »

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" »

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" »

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" »

One person was killed and seven people were injured earlier this month during a car accident that took place near Las Vegas Speedway. The accident occurred Sunday night after a pickup was driving the wrong way on Interstate 15 and collided with another car. The accident occurred near Las Vegas Speedway.

According to the Nevada Highway Patrol, the fatal motor vehicle accident, which happened near the speedway on Interstate 15, occurred around 10:30 p.m, Sunday May 8th. The accident involved a 2001 GMC Sierra truck traveling south in the northbound lanes and a Chrysler 300. The Chrysler 300 was apparently carrying 5 occupants when it was struck by the GMC truck. After the initial collision a tractor trailer reportedly collided with the pickup, which then caught fire.

A passenger in Chrysler, 29 year old Elvira Cortez, died on the scene. Four other passengers in the car were also taken to the University Medical Center, as was the driver of the pickup truck and two in the tractor trailer. Everyone who was transported to the hospital was diagnosed with nonlife threatening personal injuries. Las Vegas reported that there was evidence to indicate that alcohol was a factor in the accident.

The full article is featured here.

Continue reading "Fatal Las Vegas Car Accident on I-15 " »

28 year old Andrew Linn was brought into the University Medical Center in Las Vegas after a car accident resulted in gruesome injuries including a pipe through his head. According to reports, Linn drove his car off the pavement near Bonanza Road and Christy Lane in Las Vegas and hit a chain link fence at a home. A pole from the fence then broke through his windshield and went directly through Linn right below the right side of his nose and ripped out his teeth before going out the back window.

Rescue workers had to cut the pole to get Linn out of the car and into the ambulance. Much of the pole remained in Linn, and he was forced to remain sitting up during the ride to the hospital and through his initial surgery. Linn then arrived at the University Medical Center where x-rays noted that luckily the pole did not cause spine injuries.

Doctors had to be careful when pulling the pole out of Linn not to puncture either of the major arteries in fear that he might bleed to death. Luckily the pole did not puncture any arteries during the accident and doctors were skillfully able to remove it. Surprisingly Linn remained in the hospital only two weeks after his horrific motor vehicle accident and today he has some jaw and shoulder pain but doctors have told him that it was a miracle that he survived.

The full article is featured here.

Continue reading "Las Vegas Car Accident Survivor " »

A 20-year-old man was catastrophically killed and taken to University Medical Center after tumbling from a moving vehicle in North Las Vegas. His 17-year-old brother was the driver. The young man suffered significant head trauma from the event that ultimately resulted in his brother's death.

A full article is featured in the Las Vegas Sun: Man, 20, dies from injuries after 'car surfing' in North Las Vegas

Incidents like this in Nevada raise serious liability concerns. The driver, even though it is his brother, could faces charges after the police finish their investigation. The car insurance company or even the victim's health insurer could also hold some liability depending on the negligence factor.

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only.

Gerald Synrod was riding his mountain bike in the right shoulder of Boulder Highway when he suddenly turned left to cross the highway. He was struck by the driver of a Hyundai Elantrain, Robert Fewins, 66, who was in the right through lane.

74 year old, Synrod allegedly couldn't be avoided because of his sudden bicycling behavior. The impact of the accident threw him off his bike onto the ground where police found him. He was transported to Sunrise Trama with critical injuries.

The article is featured in the Las Vegas Sun: Bicyclist, 74, critically injured in Boulder Highway crash

Las Vegas Metro Police reported that a woman in a wheelchair was hit by a '98 Nissan Frontier pickup truck near Eastern Avenue and Qquendo Road last Friday evening around 6.

The driver of the pickup truck was not charged, and it was determined the woman was at fault and alcohol was not a factor. When police arrived at the scene of the accident, the 60 year old woman was conscious, but died later at Sunrise Hospital and Medical Center.

The article is featured in the Las Vegas Sun: Woman in wheelchair hit, killed by pickup truck

A 29-year-old man was allegedly walking outside a marked crosswalk on Nellis Boulevard, Las Vegas, between 7 and 8pm, when he was struck by a '96 Honda Civic that was traveling north down the road.

The driver and passenger that hit the pedestrian ran away from the apparently stolen car on foot after the accident, making it a hit-and-run.

Meanwhile, the man they hit suffered serious injuries and was transported to Sunrise Trauma where he remains.

Article on the Hit and Run Accident in the Las Vegas Sun.

A Henderson, Nevada woman was tragically killed when the car she was a passenger in crashed into an embankment. The driver of the vehicle was allegedly intoxicated. The victim who passed away, Shanna LePelusa, was only twenty-eight years old.

The attorneys and staff at Parker Scheer Lagomarsino all live in Las Vegas or Henderson, Nevada. We mourn the loss of any member of the community, especially one this young.

Any car accident where alcohol is involved raises many questions. Did intoxication cause the accident? Were there other factors like the design of the road, lighting, or third party drivers? How does a family get justice after a car accident where someone dies. No amount of money can replace the loss of a human life.

Our office is experienced in helping families of car accident victims through this terrible and confusing process. While we handle car accidents of all kinds, death cases require additional attention.

Most likely, a probate case will have to be opened. Our probate staff is experienced in navigating the legal maze that arises after such an unbelievable tragedy,

We also have extensive contacts in the Las Vegas community for non-legal referrals. Many times, it is advisable for family and friends of the deceased to receive counselling or other mental help. Regardless of whether we are retained as legal counsel, we will certainly refer to qualified mental health professionals.

As always, we recommend that our clients never drink and drive or get in the car with someone who is impaired.

Nevada only requires its residents to carry insurance coverage in the amount of $15,000. This amount of coverage covers almost nothing in a serious car accident.

Our law firm handles a number of different types of car accident claims as part of our practice. Many of our Las Vegas clients become seriously injured and learn that the driver who hit them carries little to no insurance. This is a problem because the medical bills alone can make the experience of being a car accident victim all the more stressful. It's one thing to be injured but it's even worse to be injured and broke.

We recommend that all of our clients get uninsured or underinsured motorist coverage. This coverage comes into play when the insurance policy limits of the other at fault driver become exhausted.

Below is how underinsured motorist coverage works:

Judy was driving her car east on Warm Springs Road in Henderson, Nevada. Jim was driving south on Valle Verde Drive, which intersects with Warms Springs. Judy had the green light and entered the intersection. Jim, who was drinking a Jack and Diet Coke at the time, did not pay attention and ran the red light, striking Judy. Judy suffered a herniated disc and required surgery. Her medical bills were almost $50,000 and she had lost income in the amount of $35,000. Jim only carried $100,000 in insurance. His carrier paid the whole amount to Judy. Luckily, Judy carried an additional $100,000 uninsured motorist policy. As a result, insurance carrier should pay her the full amount of money on the policy in good faith.

Continue reading "Uninsured and Underinsured Motorist Insurance Coverage - Car Accidents" »

Last week, more than a year after killing a bicyclist in a drunk- driving accident, Charley Matanza pleaded guilty to driving under the influence and causing death. He will be sentenced in Clark County Court. According to the Las Vegas Sun, the bicyclist was Gary Lommason, a retired Army Sergeant. Matanza's car had crashed over a sidewalk on Desert Inn Road, striking and killing Lommason, who was dragged under the vehicle. At that time, Matanza was under the influence of a variety of substances including methamphetamine.

Continue reading "Drunk Driver Pleads Guilty to Criminal Charge; Civil Liability Also Possible" »

On October 19, 2010, a vehicle crashed into a house on Madge Lane near East Charleston Boulevard and Stewart Avenue. The accident happened around 7 a.m., and a medical unit responded to the scene. After police investigated the circumstances surrounding the crash, a 15-year-old-girl was cited for drunk driving. The Las Vegas Sun reported that the girl allegedly ran a red light, struck a vehicle, left the scene, and then struck the house which was about 2 blocks away.

When car crashes happen, the damage to persons and property can be devastating. If you have been harmed because of any accident involving a vehicle, the experienced attorneys at Parker Scheer LLP may be able to help you. Our firm's Complex Personal Injury Group has represented adults and children in a wide variety of personal injury claims, including injuries and death caused by car accidents.

The Las Vegas Sun: Girl, 15, Cited for DUI after morning crash

Continue reading "Vehicle Crashes into House on Madge Lane in the Eastern Valley; 15-year-old Cited for DUI" »

The Clark County Coroner's Office has identified 35-year-old Peter Cavanna as the man who died in an eastern valley car crash on October 16th. The accident occurred when Cavanna made a left turn from Palm Street to Tropicana Avenue in his Chevrolet Cavalier and entered the path of a Kia Spectra driven by 60-year-old Flordeliza Marcelo.

The Las Vegas Sun reported that this was the 59th traffic fatality in Metro's jurisdiction this year. All too often these traffic accidents happen as a result of someone's negligent and unsafe driving. Parker Scheer LLP's Personal Injury Practice Group offers zealous representation in connection with car accident personal injuries and wrongful death claims.

The Las Vegas Sun: Coroner identifies man, 35, killed in Saturday crash

Continue reading "Coroner's Office Identifies Man Killed in Car Accident" »