Las Vegas Injury Lawyers Blog

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" »

Written By a Law Clerk for Parker Scheer Lagomarsino:
Robert Maxey (Las Vegas, Nevada)

The American dream has always been the fuel of our nation propelling us forward. The idea that anyone could become successful, regardless of his or her background, has sparked almost every venture within our nation. It is this dream that has lead people to toil hard and work to build a name for themselves. We have grown to rely upon the American dream and it is expected if we work hard enough we will be rewarded proportionately. The dream is not just a part of our country; it is the soul of our country.

When attacks are made against the American dream we are inspired to defend it and see that justice is served. That is exactly what has happened in Hamilton County Court where an award of $14.5 million dollars was issued to Joseph Radcliff and his company CPM Construction of Indiana. His company had been involved in a lawsuit against State Farm on allegations that they had been defamed. During a hailstorm in 2006 CPM had been hired to perform repairs. However State Farm, the insurer of those homes, denied claims for damages that were made. This resulted in the insurer receiving bad publicity and prompted an attack against CPM.

Insurance fraud and racketeer influenced and corrupt organizations claims were pursued and initiated by State Farm against Radcliff and CPM in a court of law. However, the felony charges had no factual ground to be made and held no water. Marion County Prosecutor dismissed the claims. Unfortunately the damage had already been done to the reputation of both Radcliff and CPM. CPM was unable to stay in business and failed.

This was a true story of David versus Goliath. CPM Construction was a small respectable firm whereas State Farm was the nation's largest insurance provider. State Farm had used its power and influence to drive a small business out of the market and ruin Joseph Radcliff's reputation. It was through the court system that a small business owner was able to stand up against false accusations and be vindicated.

Joseph Radcliff had built his business upon the American dream and invested his time and energy to the success of his business. To deny anyone the right they have to profit from their hard work is un-American and unjust. We the people must stand against those who would abuse their power and influence. The court system can bring the needed justice for a person to receive closure from an illegal act. As Joseph Radcliff can testify, the courts keep the American dream alive and well.

A full article can be found here: 14.5 Million Dollar Jury Verdict Awarded Against State Farm Insurance

The Las Vegas office of Parker Scheer has previously sued insurance companies engaged in bad faith practices. One such insurance company was American Family Insurance. Andre Lagomarsino took American Family to trial and prevailed. The judge and jury combined to award Mr. Lagomarsino's client over $200,000 for the denial of an underinsured motorist claim. Our office has also sued other insurance companies for their bad faith misconduct.

Continue reading "The American Dream is Alive and Well
Small Business Owner and His Trial Lawyers Hammer State Farm For Millions of Dollars" »

Written By a Law Clerk for Parker Scheer Lagomarsino: Robert Maxey

Our living quarters are some of the most cherished and remembered places in our lives. They provide us with a place to dine, sleep and relax. Our housing is where we live our lives it is where we settle down. They offer a shelter from the hardships of life and provide stability. It is something that stays the same day in and day out regardless of the numerous changes taking place elsewhere in our lives. It is not unheard of for people to spend their entire lives in the same house. Our residences hold some of our fondest memories and our closest family moments. A home is not just a building it is something sacred it is a home.

With rising foreclosures and high unemployment housing has become even more meaningful. The fight to keep our homes is strong but the desire to have a safe place to live is even stronger. No one would be willing to let a robber into their home and walk out their valuables. However in the city of Sioux Falls in 2004 flooding due to backed up sewage lead to extensive damage in hundreds of homes. This was not the first case of such damage and homeowners recalled it had happened several times in the past.

The damage inflicted was the equivalent to letting a thief come in and steal thousands of dollars out of your home and walk out the front door without attempting to stop them. A class action lawsuit was filed on behalf of over 150 residents for the problems with the sewage system. In this situation the city of Sioux Falls is not entirely the bad guy it is the insurance provider for the city. A claim was filed with the provider on behalf of the city but the claim was denied, instead of standing up for its citizens Sioux Falls did not pursue it further.

It was the result of the city's impotence that civilians took matters into their own hands and sought legal action against the company. After having the lawsuit dragged out over a period of seven years homeowners were relieved to finally reach a settlement with the provider. A $1,950,000 fund was settled upon to help pay for damages inflicted in the 2004 storms. In order the fix the drainage system the city is looking at spending around $50,000,000.

A city like all forms of government has a duty to those they represent. Not only must a city provide adequate public facilities they must provide adequate protection and fight for its citizen's rights. If a government ceases to appropriately serve those it was established to serve then a government ceases its reason to exist.

A full article can be found here: $1.95M settles lawsuit over 2004 sewer backups

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has had your rights violated and would like to be represented by a great Las Vegas Lawyer, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.