Las Vegas Injury & Accident Attorney Blog

Benson & Bingham have developed a unique and exciting way for drivers who get cited to hire an attorney–ONLINE.   With their new 100% online traffic ticket representation, those who get tickets and traffic citations and wish to hire an attorney can do so with a few clicks of the mouse.   Hello to www.24hourticketpower.com where your Las Vegas traffic ticket attorneys are standing by 24 hours a day.  Log on and fix your ticket today for a very reasonable cost!

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If you have suffered a heart attack or stroke and have taken Avandia for Diabetes, then Call the law firm of Benson & Bingham today.  702-382-9797.  Rosiglitazone is used along with a diet and exercise program and sometimes with one or more other medications to treat type 2 diabetes (condition in which the body does not use insulin normally and, therefore, cannot control the amount of sugar in the blood).  Rosiglitazone is in a class of medications called thiazolidinediones. It works by increasing the body’s sensitivity to insulin, a natural substance that helps control blood sugar levels. Rosiglitazone is not used to treat type 1 diabetes (condition in which the body does not produce insulin and, therefore, cannot control the amount of sugar in the blood) or diabetic ketoacidosis (a serious condition that may occur if high blood sugar is not treated).  Rosiglitazone comes as a tablet to take by mouth. It is usually taken once or twice daily with or without meals. Rosiglitazone should be consumed at about the same time(s) every day.  Your doctor may have increased your dose of rosiglitazone after 8-12 weeks, based on your body’s response to the medication.  Rosiglitazone claims to help control type 2 diabetes but does not cure it.  Usually it takes 2 weeks for your blood sugar to decrease, and 2-3 months or longer for you to feel the full benefit of rosiglitazone.  If you need an Avandia Lawyer call the experts at Benson & Bingham today.

U.S. News and World Report Claims there is no real problem with Avandia.  “Our observational study does not suggest a significant cardiovascular hazard and may suggest a beneficial effect on ischemic cardiovascular events associated with treatment with rosiglitazone among patients with type 2 diabetes and established coronary artery disease,” said Dr. Richard Bach, an associate professor of medicine at Washington University School of Medicine in St. Louis.

The FDA is on record that the drug is NOT SAFE.  It is a matter of time before the drug is pulled off the shelf. FDA previously communicated to the public about the possible association between rosiglitazone and increased cardiovascular risk in a 2007 safety alert. The agency also sought advice from external experts at the July 30^th 2007 joint meeting of the FDA Endocrinologic and Metabolic Drugs and Drug Safety and Risk Management Advisory Committees. The RECORD study data represent the only new information from a completed randomized, controlled clinical trial of rosiglitazone received by FDA since the 2007 announcements. The RECORD study was designed to evaluate the cardiovascular safety of rosiglitazone, which is consistent with FDA’s December 2008 Guidance for Industry recommending that manufacturers of new treatments for diabetes carefully design their clinical trials to include an evaluation of cardiovascular safety. The RECORD study will be evaluated in the context of this recent Guidance.

* Rosiglitazone is sold as a single-ingredient product under the brand name Avandia. It is also available in combination with other diabetes medications, metformin under the brand name Avandamet or glimepiride under the brand name Avandaryl.

FDA recommends that patients currently using rosiglitazone:  Not stop taking their medication without talking with their healthcare professional. Discuss any questions or concerns they have about rosiglitazone with their healthcare professional. Read the Medication Guide that comes with each rosiglitazone prescription to better understand the risks and benefits of their medication. Report any side effects with rosiglitazone to FDA’s MedWatch program.

Similar to Vioxx, drugs that cause an increase in heart attacks will have serious legal contention if the Plaintiff has other risk factors like obesity, hypertension, high cholesterol, or other issues that may alone cause a heart attack.   Those who have diabetes and smoke will also have trouble fighting the makers of Avandia.   The biggest risk factor will likely be obesity.  Given that fatter humans are likely to have diabetes and therefore develop Type II diabetes, it will be hard to conclusively understand whether the heart issues are from the underlying weight issue or the drug.   Studies will continue to give us valuable research to help juries understand the true risks of this drug.  To help you fight for your rights, Call the Avandia and other dangerous drug recall attorneys at Benson & Bingham today who are taking new cases today.  Don’t delay!  702-382-9797

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Dog Bites occur quite frequently in Clark County–about 4 per day!  The statistics show that 1,241 dog bites occurred in 2009 in Clark County.  This is the heaviest volume of dog bites recorded in the last 10 years, however, each year about 1,000 have been recorded annually give or take a few hundred.  The County keeps track of these statistics including the “bite by breed” statistic.   The overwhelming leader in Bites every year is the Pit Bull.  The Pit Bull accounts for 20% or so the bites every year.  Far greater than any other breed.   Bull dogs, labradors, mixed breeds, german shepherds, and terriers, consistently lead the pack here in Las Vegas dog bits.   Who knows if the shepherds bites are police related?  Upon reading the statistics, certainly some breeds may be more prone to bite, just as some breeds may be more prone to retrieve that ball you throw.  But, the major lacking component to the statistics is the TOTAL number of dogs that live in our community.

If Pit Bulls make up 50% of the households, then 20% of the bites is not a bad number!  It is likely hard to measure the total population of specific breeds unless each dog is officially registered.   No doubt that Pit Bulls are a popular animal–especially among Las Vegas residents.  The attraction may be the agility or the home defense characteristics that the dog breed possesses.  To prove my point, the Chihuahua in 2009 made up 11% of all dog bites in Clark County with 122 bites.  Compare this to 2000 when Chihuahua bites were only 1.3% of the total dog bites (14 total bites).  Perhaps Paris Hilton’s popularity of the animal tucked away in her dog purse helped Las Vegans want the animal more–who knows, but it is safe to say that Chihuahua’s population has increased, and that increase has had a marked impression on the total Chihuahua dog bites.  SO, WHAT DOES THIS MEAN?   Statistics must be looked at carefully.    If you have been the victim of a pit bull attack or other breed contact the dog attack lawyers at Benson & Bingham today 382-9797.

So if you have had Bull dog bite and need a Bull dog lawyer, or had a labrador bite and need a labrador attorney, a mixed breed bite, or a german shepherd bite, and/or  terrier bite, then you might just need a Terrier lawyer or shepherd attorney to handle that case. If is sounds silly it is, because personal injury lawyers don’t need to be specific breed attorneys, just solid dog bite attorneys who know the law.  Call us today:  702-382-9797

See the compiled statistics for animal attacks made by Clark County animal Control:

Plastic Surgery and Total Recovery Help from Benson & Bingham 702-382-9797.

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Question: My son was in a motorcycle accident in 2008. He passed away at the scene. His girlfriend was on the motorcycle at the time and survived. She has since hired an attorney and they found the driver of the car partial at fault. Is there any recourse that I as his mother can take ?

Answer:  Sorry to hear about your loss.  I too have a motorcycle, and the darn thing is dangerous–but so are the drivers that are on our roads.  The issue presented in this case for potential recovery on your son’s behalf deals with the doctrine of comparative negligence and the law of joint and several liability.  If your son was more than 50% at fault, you (as the heir) can’t make a claim in Nevada. However, if your son was 50% or less at fault, he can make a claim for his damages–which are huge because he passed away.

Most of the time motorcycle accidents are caused by the negligence (carelessness) of the other driver, however, their are always exceptions.  If will be important to investigate the case and see how well the police report documents facts–especially any eye witness accounts–including the passenger girlfriend.   The girlfriend, on the other hand, has a much different case.

As a passenger, she is fault free.  She can collect from your son’s policy AND the other driver–this is the law of joint and several liability.  This basically means she can collect if the driver of ANY vehicle was 1% or more at fault, so if their is shared responsibility for the accident, even if slight, she can exhaust both insurance policies.  If your son had no insurance or minimal insurance coverage, that would explain the claim against the other party.  You only have two years in Nevada to make a claim–so you MUST act ASAP before the two year anniversary or you totally lose your rights.

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Need help after a car accident in Summerlin?   The Las Vegas personal injury lawyers located in Summerlin, NV can help. Benson & Bingham’s headquarters are located right at the intersection of I-215 and Charleston near Red Rock Casino at the C2 Lofts.   If you live in the Vistas, Paseos, Red Rock Country Club, Summerlin Centre, Picolle Ranch,  Summerlin South, the Pueblos, the Mesa, Sienna, Ridges, Willows, or anywhere in Summerlin we are right there to help.  Come in and see us at 11441 Allerton Park Dr., Ste 100 Las Vegas, NV 89135 or call us at 702-382-9797 for a free consultation.

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Using a cell phone, Eating and drinking, Talking to passengers, Grooming, Reading, including maps, Using a PDA or navigation system, Watching a video, Changing the radio station, CD, or Mp3 player are all major causes of accidents because they are examples of distracted driving.   Wouldn’t be a shame if your airline pilot decided to text while landing the airplane and missed the runway?

Well, the fixed attention required to operate machinery is and should be a mandatory choice for the driver, but we are all human and we can actually think and do two things at once.  Society appears to be at ease with a certain level of distractions while driving:  the radio, billboards, etc, all take your eyes off the road, but we tend to allow certain distractions for the sake of functioning.   Imagine no billboards on the freeways?  Not likely to ever happen, but certainly, at least one auto accident has occurred because someone looked too long at the billboard and didn’t realize traffic had stopped in front.  Should we sue the billboard company for creating the distraction, or the county for allowing the billboard?  Likely not given our tolerance for certain levels of distractions.  If you have been the victim of distractive driving call Benson & Bingham today 702-382-9797.

Below are some statistics from the U.S. department of Transportation:

In 2008, there were a total of 34,017 fatal crashes in which 37,261 individuals were killed.

In 2008, 5,870 people were killed in crashes involving driver distraction (16% of total fatalities).

The proportion of drivers reportedly distracted at the time of the fatal crashes has increased from 8 percent in 2004 to 11 percent in 2008.

The under-20 age group had the highest proportion of distracted drivers involved in fatal crashes (16%). The age group with the next greatest proportion of distracted drivers was the 20- to-29-year-old age group (12%).

Motorcyclists and drivers of light trucks had the greatest percentage of total drivers reported as distracted at the time of the fatal crashes (12%).

An estimated 21 percent of 1,630,000 injury crashes were reported to have involved distracted driving.

Driving while using a cell phone reduces the amount of brain activity associated with driving by 37 percent. (Source: Carnegie Mellon)

Nearly 6,000 people died in 2008 in crashes involving a distracted driver, and more than half a million were injured. (NHTSA)

The younger, inexperienced drivers under 20 years old have the highest proportion of distraction-related fatal crashes.

Drivers who use hand-held devices are four times as likely to get into crashes serious enough to injure themselves. (Source: Insurance Institute for Highway Safety)

Using a cell phone use while driving, whether it’s hand-held or hands-free, delays a driver’s reactions as much as having a blood alcohol concentration at the legal limit of .08 percent. (Source: University of Utah)

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Ever thought you may need a texting attorney?  Well, better stated, how about a personal injury lawyer who handles accident cases caused by driver’s who text–yes, you may need us.  Nevada continues to allow drivers to text (this article written June of 2010), and the notion of texting while driving should be illegal.  Connecticut recently banned texting while driving and for good reason as many accidents are caused by distracted driving.  Nevada laws continue to play catchup as opposed to leader when it comes to safety.  Our brother state of California seems to lead the way with smart legislation–then us Nevadans finally follow suit.  The following states banned mobile hand held devices:

• California
• Connecticut
• District of Columbia
• New Jersey
• New York
• Oregon
• Washington
• Virgin Islands

The States Below have taken the early steps to prevent accidents by enacting laws banning texting while driving.

• Alaska
• Arkansas
• California
• Colorado
• Connecticut
• District of Columbia
• Guam
• Illinois
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maryland
• Michigan
• Minnesota
• Nebraska
• New Hampshire
• New Jersey
• New York
• North Carolina
• Oregon
• Rhode Island
• Tennessee
• Utah
• Virginia
• Vermont
• Washington
• Wisconsin
• Wyoming

Someday, Nevada will stop texting, but first they will need to ban cell phone use while driving.  We all know it is unsafe to text while driving–It is not the same as adjusting the volume to the radio, or sipping that cup of coffee, as your attention is locked on to the phone for very long period of time.  Hand held cell phone use seems to be driver dependent; in other words, some drivers have the ability to multi-task better than others.  Personally, I find cell phones a must when driving, but they do create distractive driving.   As technology advances, the integration of communicating while driving will likely be streamlined and made safer by the use of the vehicle’s computer systems.   I look forward to those advances.

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Another bus accident occurred in Las Vegas when five people were hospitalized with non-serious injuries after a tour bus collided with a sedan near the Tropicana  and Interstate 15 interchange on Tuesday morning, June 1, 2010, the Nevada Highway Patrol said. The Las Vegas-based tour bus headed to Hollywood was traveling west on Tropicana turning onto the I-15 southbound interchange when it collided with a sedan headed east on Tropicana about 6:48 a.m., trooper Joseph Fackrell said.  If you were on this bus and need help, please contact Benson & Bingham today.  702-382-9797

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