Las Vegas Injury & Accident Attorney Blog

In recent years the media has brought to light the reported tire failure and/or tread separation product liability cases against Ford/Firestone. However many manufacturers such as General tires, Goodyear, Wilderness tires, Cooper tires, and Uniroyal-Goodrich tires have been involved in tire tread belt separation litigation. While tires, even with proper service will fail eventually.  The tire manufacturing industry is well aware of the dangers associated with tread separation. There is an underlying difficulty for the manufactures in adhering the steel belted radial to rubber. These separations are the result of a manufacturing and design defects such as: improper adhesion, allowing foreign bodies or contaminants within the tire during the manufacturing process, under-vulcanization, old ingredients or aged rubber stock, and lack of quality control during final inspection before releasing the tire to consumers.

Many tire plant manufacturers have their employees working twelve hour shifts with very stressful environments. These tire separation risks seem to be increased in the summer months when roadway temperatures  are warmer coupled with highway or freeway speeds. Nonetheless, these tread separations are foreseeable events and can be avoided.  Recent technology has discovered that nylon overlays used will significantly reduce the risk of tread separation. Many tread separation failures result in motor vehicle accidents or rollover accidents with catastrophic injuries, brain injuries, and sometimes death. If you or a family member has been injured in a car accident as a result of a tire failure or tire tread separation contact Benson & Bingham at 702-382-9797. We have the experts standing by to inspect your tires.

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Broadside accident, T-Bone accident, and Side impact collision all refer to the scenario upon which the front of one vehicle impacts or collides with the driver side or passenger side of another vehicle.  Occupants experiencing a T-Bone collision are at higher risks of injury as the force impacting the broadsided vehicle are close in proximity to where the occupants are positioned.  As a result, occupants are subjected to tremendous force.  While many newer vehicles do employ side and side curtain airbags, older vehicles are not equipped with such technology.  Most T-Bone accidents occur at intersections and parking lots from the failure of drivers to obey traffic signals or yield to the right of way.  Occupants typically strike the inside frame of their vehicle and often strike other passengers traveling within the same vehicle.

Side impact accidents occurring at high rates of speed may cause a vehicle to overturn.  In roll-over accidents,  occupants who are seat-belted or restrained properly are subjected to a heightened risk of ejection.  Common injuries from Side impact collisions are: fatalities, wrongful death, pelvis fractures, hip dislocation, shoulder injuries, brain trauma, rib fractures, arm fractures, bleeding of the brain, leg fractures, spinal cord injuries, amputation, head trauma, lacerations from glass, close head injuries, broken ankles, fractured feet, and burns from the deployment of side airbags.

If you are a victim suffering injuries from the negligence of another driver in a T-Bone or side impact accident call Benson & Bingham at (702)-382-9797. We have helped thousands of injured T-Bone victims, ensuring each client receives proper medical attention and just compensation.

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A head-on collision occurs when two vehicles traveling towards each other in opposite directions collide; typically, when the front of two vehicles collide.  However, when a vehicle strikes that of a second vehicle in the frontal area of the second vehicle, and continues its impact along the side of that vehicle, this may also be considered a head-on collision.  Head on collisions are responsible for more traffic fatalities than any other type of motor vehicle accident.  Head on collisions are often the most violent motor vehicle accidents (MVA’s) occurring on our roadways in Nevada. Two vehicles approaching each other in excess of 45MPH creates such significant forces that the impact often leaves occupants with life changing catastrophic injuries if not death.

Many head on collisions occur on interstate and rural roads, especially  Interstates 15 and 215 in Southern Nevada, and State Route 80 in Northern Nevada.  However, head on collisions may also occur on surface streets from an unsafe lane change, falling asleep at the wheel, traveling the wrong way on interstate entry/exit ramps, blind bends in the road, disobeying traffic signals, and failure to maintain ones travel lane.

Ben Bingham of Benson & Bingham has the experience needed to litigate injuries commonly associated with head on collisions, including: wrongful death, fatalities, brain injuries and brain trauma, frontal lobe damage, bleeding in the brain, close head injuries, memory loss, pelvis fractures, hip fractures, spinal fractures, spinal cord injury, paralysis, loss of limbs, amputation, disabilities and emotional trauma. If you or a family member has been involved in a head on collision contact Benson & Bingham at (702)-382-9797.  Let an experienced team fight for you.

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Each year around Independence Day, injuries among children and adults rise significantly from fireworks.  While many stage events have fireworks / pyrotechnics throughout the year, “Fourth of July” celebrations typically kick off with a BBQ and fireworks.  Many of the injuries suffered from the explosives are often the result of user error. However, fireworks themselves can malfunction often resulting in severe burns.  Not only is the operator in danger of a malfunction, but also the spectators of the event.  Studies have shown that spectators account for up to 40% of reported firework injuries.  A scorching rocket darting into a crowd of onlookers can cause severe burns.  Last summer, close to ten-thousand people were treated for injuries associated with fireworks.  Those injuries are typically burns and lacerations, but also may include hearing loss or loss of sight.  The most common variety of firework causing injury are bottle-rockets, firecrackers, roman candles and sparklers.  Yes, sparklers!  Sparklers burn at 1,800 degrees and can throw sparks striking the eye and head.  It is also not understood by many that the average fuse time on a firework is only three-five seconds.

If you or a loved one has suffered a personal injury as a result of the negligence from an individual or company using fireworks or pyrotechnics, contact Benson & Bingham for a negligence consultation.  However, if you believe the firework itself malfunctioned, you may have a potential product liability case.  Contact Benson & Bingham at (702)-382-9797.

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Personal injury firm, Benson & Bingham has been contacted by the family of a man found in a pool of blood inside an elevator on the casino floor at the Plaza Hotel. While investigations of said matter are in their infant stages, there have been comments suggesting that the elevator may have experienced a power outage. The deceased is seen on video footage entering the elevator on the nineteenth floor. The next segment of footage displays the door opening at the casino floor with the same gentleman lying on the elevator floor suffering a broken neck, broken nose, and missing teeth. Upon being retained, Benson & Bingham shall immediately file a lawsuit and begin discovery in this wrongful death action. Of most concern is the video footage inside the elevator which has not been released.

The family contacted Benson & Bingham after having previously retained counsel who essentially did not preform any work over the past year (i.e. obtain video footage).  In elevator/escalator negligence or elevator/escalator malfunction cases, it is of utmost importance to obtain and preserve all of the evidence immediately to preserve the elevator or escalators condition, as well as being able to retain engineers to inspect the elevator or escalator to determine the malfunction. Further, many witnesses to an event in a casino are likely from out of town. Their statements may play a crucial role in determining what precipitated the events surrounding the event. While most elevator/escalator cases result in broken bones, spinal injuries, hip and/or leg fractures, this family suffered a loss of a husband and father.  As discovery unfolds in this matter and maintenance records are obtained with video footage, the truth will surface.

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In certain circumstances*, Passengers in automobile accidents will have more insurance coverage available to them.   Those passengers who are in a vehicle that is “also” at fault in an accident (what we call joint tort feasers) or multiple at-fault drivers can now maintain a 3^rd party claim and a 1^st party claim against the same insurance policy in a single accident.  This is new law and good news for passengers who, before, could only go after liability OR underinsurance coverage on the same policy.   For example, in a two car accident involving a passenger who broke her arm requiring surgery she would not be limited to just the liability coverage of the driver of her car and the other at fault car, she could also make a claim for “underinsurance” against the Driver of her car; thus, she would have a potential breach of contract claim if they didn’t offer her a reasonable sum over and above the two other liability policies (in an addition to negligence actions).  This example, of course, assumes BOTH drivers were at fault for the accident.

This changes the old policy that would only enable an accident victim to recover against the liability policy of the 2^nd car and the liability of the 1^st car.   No UIM/UM claim could be made.   The Nevada Supreme Court made this distinction in Delgado v American Family Insurance Group, 217 P.3d 563, (2009) where a passenger was allowed to make a claim against the $50,000 policy of the 1^st at fault driver, $15,000 against the 2^nd car’s liability policy, and also $25,000 against he 1^st car (the car she was a passenger in) for the underinsurance benefits.  Thus, the $25,000 claim is now allowed under Nevada Law.  If you were a passenger and need an experience Las Vegas personal injury lawyer call the experts at Benson & Bingham.

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