Las Vegas Injury & Accident Attorney Blog

Some of the most challenging and rewarding lawsuits that a Las Vegas personal injury attorney can handle are those where multiple, complex types of accidents are melded into a single event. One example would be when a motor vehicle defect leads to a Nevada automobile accident, and a recent case provides another: a railroad worker suffered a career-ending electric shock.

Nevada railroad accidents commonly involve train collisions or maintenance failures that result in derailed locomotives. In this regard, incidents of this nature frequently parallel the traumatic back or spinal cord injuries of car accidents or the massive destruction caused when commercial negligence leads to a mechanical or maintenance failure that compromises the integrity of the railroad track system. By contrast, Las Vegas electricity injuries typically occur in urban settings, such as when a defective product harms an unsuspecting consumer or faulty wiring causes an electric shock injury in a home or business.

In this case, a railroad worker suffered a massive electrical shock while attempting to repair a portion of the tracks. The worker had attached a metal clamp to the tracks and was in contact with them when his coworker, who was operating a vehicle with an elevated compartment (or “boom) accidentally directed the boom into an overhead power line. The worker on the tracks received a shock of some 7,500 volts that left his legs with nerve damage that will probably not heal in his lifetime.

The injured worker is no longer able to perform the job that had earned him nearly $60,000 a year to support his family. He also is slated for costly medical checkups that will continue for the indefinite future. To compensate him for his lost earnings, offset the cost of his additional medical costs, and attempt to make him whole again after this devastating injury, a jury award of some $2 million was given. If you have been injured on the job, harmed in a railroad accident, or have suffered an electrical shock due to another person’s or business’s negligence, contact our experienced Nevada personal injury attorneys for a free consultation.

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The Supreme Court has agreed to hear an appeal that will consolidate two conflicting circuit-court rulings, and the decision will become law across the United States. The legal issues are somewhat dry and technical, but the outcome of this case could have a major impact on Nevada prescription drug liability lawsuits.

Our society has a schizophrenic relationship with prescription drugs — on the one hand, we rely on new medical advances to treat conditions that have previously been untreatable and cure faster and more fully those ailments that already have treatments. On the other hand, a string of problems related to prescription medications such as Reglan problems, Nevada Vioxx side effects, and other hazardous outcomes of pharmaceutical drugs. When Nevadans suffer unsafe prescription drug harm, the path to legal compensation is long and complicated.

Frequently, the prescription drug manufacturers attempt to move the trial out of state court to the federal level, where they can take advantage of longer trial processes, less sympathetic juries, and in some cases weaker regulations. Another popular strategy the drug companies employ is to attempt to get the lawsuit thrown out entirely on the basis of the claim that federal protections for Nevada victims of unsafe products preempt state laws that attempt to do the same. This gambit does not end the basis of the claim, but it successfully stalls the case and forces an unprepared plaintiff to refile the lawsuit in another venue and face additional fees.

At present, the Eighth and Fifth Circuit Courts of Appeals have ruled on cases with this sort of claim and have held that lawsuits based on state laws are not precluded by federal law. An appeal to the U.S. Supreme Court has been filed and granted, and the Court will issue a ruling in the coming months. That decision will not only confirm or overrule the existing Circuit Court decisions but it will also become law in the remaining nine circuits. If you or a loved one are seeking legal action after a harmful experience with a prescription pharmaceutical drug, contact us for a free consultation at one of our two convenient Las Vegas law offices.

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In the wake of a Nevada automobile accident, victims and their families invariably search for answers to profound questions: Why did this happen to us? What will the future look like? How did this come to pass? Sadly, the most lingering questions are the hardest to answer, those that would offer meaning or understanding in a time of confusion and bereavement. Even factual questions pertaining to the cause of a Nevada semi-truck accident have elusive answers.

Some car crashes are caused by excessive speed, others by a driver incapacitated by drugs or alcohol. Distracted drivers are increasingly a threat on Las Vegas streets and highways, thanks to the age-old problems of boredom and multi-tasking in addition to new distractions like fancy AV systems and smartphones. And in “the town that never sleeps,” driver fatigue is also a major hazard. In fact, many of the most devastating Nevada 18-wheeler injuries result from truck drivers who were sleep-deprived at the time of the accident.

When it comes to pursuing personal injury legal action in the aftermath of a Nevada trucking accident, both compassion and civil litigation strategy support a focus on the driver’s fatigue. Often, the at-fault semi-truck driver is extremely contrite and indeed devastated by his or her role in causing spinal cord damage or even death in a tragic Nevada motor vehicle accident. Many of us know what it is like to face the decision of whether or not to drive while tired, and our compassion compels us to understand that the driver may have just made a tragic mistake.

As it turns out, this human response is also a stronger approach to litigation. First, jurors may identify with the truck driver — or at least with his or her dilemma — and divert blame accordingly. When a family is seeking a Nevada jury award for wrongful death and other compensatory damages, every dollar counts toward the effort of restoring shattered lives. Second, it is even possible that the jury will fail to find fault with the driver at all. By diversifying one’s legal strategy to include — and often focus upon — the trucking company’s negligence, a plaintiff in a Las Vegas automobile accident lawsuit can gain the upper hand. Trucking companies frequently test or even violate the constraints put in place by state and federal regulations on the amount of rest truck drivers must be given in a given time period. This profit-seeking often spills into the realm of commercial negligence and makes those companies liable for the damages suffered by Nevada car accident victims.

If a Nevada trucking accident has affected your family, contact us today for a free consultation. We have two Las Vegas offices open to serve our Southern Nevada clients, and you can rely upon our team’s vast experience and winning record to guide your decisions after a tragic semi-truck accident. Call today.

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The Obama Administration’s efforts at the federal level to improve the regulatory apparatus have launched an important new Web site this month that has the potential to change the way Nevada victims of defective products research and pursue their lawsuits. The newly unveiled www.SaferProducts.gov is a searchable online database run through the Consumer Products Safety Commission, or CPSC. The CPSC is the entity responsible for issuing alerts about defective or unsafe products. [This power is not exclusive, however:  the National Highway Transportation Safety Administration is responsible for Nevada motor vehicle recalls and the Food and Drug Administration manages recalls of unsafe pharmaceutical medicines.]

Advocates identify numerous benefits that could accrue from the new Web site. If it is used widely, it will allow the CPSC to more quickly, comprehensively, and flexibly absorb and utilize real-time data about products that appear to have defects or unsafe properties. The source of each report will help regulators determine the scope or spread of a defective product so they can shape recalls more effectively and use resources to alert only those consumers who are affected by the defective products. The new www.SaferProducts.gov will also allow consumers to research in real-time products that have been flagged as possible unsafe items so they can make informed decisions before they become the victims of Nevada unsafe product injuries.

The vote to create the new Web site was along party lines, indicating a partisan split on this service. Three Democrats outvoted two Republicans to move the project forward. Speaking in general terms, this outcome is predictable — Democrats tend to be more consumer-oriented and receive campaign contributions from Nevada personal injury attorneys and other consumer advocates, whereas Republicans rely on large corporations for much of their political muscle. To the extent that the new Web site would be a tool in the arsenal of defective-products attorneys, it is a threat to business interests that sometimes seek to limit their exposure to Nevada product liability laws.

The new Web site may help lawyers build better cases by providing more available and comprehensive data on the incidence and spread of defective product complaints as they happen. Experienced unsafe-products lawyers such as our legal team know how to make use of cutting-edge technologies and new resources to generate ideal outcomes for their clients. When you make an appointment for a free consultation with our team of Nevada personal injury lawyers, you know that you can count on “The Difference” that our technological savvy offers.

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Harsh winter weather has turned roads in the Silver State into veritable slip-and-slides, causing massive delays, shutting down schools, and in some cases leading to major Nevada automobile accidents. In the Reno area earlier this week, a 40-car pileup choked I-80 heading westward as blinding snow ruined visibility and sparse transportation staffing slowed efforts to redirect traffic. This particularly brutal season is a sobering reminder of the continuous risk of car accidents and a sign that it is important to give serious thought to seeking out an experienced motor vehicle accident lawyer.

One sub-set of cases that is especially deserving of experienced legal guidance is that of lawsuits involving semi-trucks or other large vehicles. Although we all see semi-trucks on a daily basis, the reality is that most jurors will not have an intimate knowledge of how trucking is different from other forms of transportation. Because this type of driving is so different from one’s normal commute, the legal issues that arise in a Las Vegas 18-wheeler accident are also novel.

The majority of Nevada semi-truck accidents involve vehicles that are traveling from outside of the state, which raises issues of inter-state travel and commerce that are dealt with at the federal level. Depending on where the trucking company is based, there could be other jurisdictional issues that complicate the case and involve laws other than laws on Nevada multiple vehicle accidents. It is also the case that trucking accident injuries are more severe than those suffered in most accidents due to the size and rigidity of semi-trucks. There can also be safety and injury issues that arise related to the contents of the truck involved in the accident. A team of experts is often employed to analyze the scene of the accident and study the truck driver’s travel log and other materials related to possible issues of commercial negligence or careless driving.

As you can see, Nevada trucking accidents can involve very complex personal injury lawsuits. If you or a loved one have been hurt in an Nevada accident involving a semi-truck, contact us today for a free consultation. Experience is the Difference, and our Nevada personal injury lawyers have the knowledge you need for a successful case.

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A woman visiting the Las Vegas area went home with the worst kind of souvenir — a major, enduring personal injury that she sustained in a Nevada airport accident. A jury recently awarded her a major verdict to compensate her for her pain and suffering.

Companies that operate inside airports such as Las Vegas’ McCarran International Airport invest resources into background checks and security clearances for their employees, and they also have to develop and execute supply protocols that are compatible with the various security and other screening requirements in place under the Transportation Safety Administration and airport authorities. Navigating these constraints can create a singular focus for these companies, possibly even forcing them to pare back training around safety issues.

That kind of shortcut appears to have been at play in this Nevada airport accident. The 32-year-old woman was walking in a crowded terminal of the airport when a food-service cart slammed into her from behind. The cart’s metal frame created a partial tear of the woman’s Achilles’ tendon. Five years and three surgeries later, the woman had amounted more than $130,000 in medical expenses. She brought a lawsuit against the food-service company for not properly training its employee and for the staffer’s lack of due care.

Lawyers for the woman laid out the elements of her Las Vegas personal injury lawsuit, telling jurors about her chronic pain, loss of balance, and limited mobility. Although she could also have sought damages for her lost income, in this case the plaintiff did not seek a Nevada jury award that included compensation for lost wages. Even without pursuing this course of action, the woman won a verdict of over $5 million.

If you or a loved one have been hurt on commercial property or as a result of commercial negligence, you can contact us today for a free consultation. We have two law offices in Clark County that can serve Las Vegas residents as well as tourists visiting Nevada who have been hurt during their stay.

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Although Nevada has a growing number of selfless “green activists” who are willing to make personal sacrifices of comfort and commuting ease in order to reduce their impact on the environment, the reality remains that most bus riders in the state of Nevada are not passengers by choice but rather by necessity. Relying on public transportation means not having to worry about parking or auto insurance, but it also means not being able to move on your own precise schedule or travel rapidly from one end of Clark County to the other. As a recent news article explores, other factors increase the risk of Nevada public transit injuries.

A reporter for the Reno Gazette-Journal shines light on the discomfort that can accompany regular bus ridership. Anyone who has experienced an automobile defect or other problem that has forced them to walk several miles in the Las Vegas heat can attest that a little bit of shelter goes a long way. In the summer, the situation is little different in Northern Nevada, where temperatures can easily reach the high 90s or even triple-digits.  But in the north, the winter is equally punishing with frequent snowstorms, heavy rain, and powerful winds whipping off the Sierra Nevada mountains. As the RGJ article points out, relatively inexpensive bus shelters would give regular bus riders a safe haven from the elements while waiting for the bus to arrive, preventing this chronic form of Nevada public bus harm.

These conditions also raise the issue of accessibility, because there are some Nevadans whose age or physical condition makes it very difficult to withstand prolonged, daily exposure to this kind of stress. Recent studies suggest that fewer than ten percent of bus stops in Northern Nevada have bus shelters, even though administrators of the Regional Transportation Commission (RTC) have been talking about building more shelters for several years. Although the RTC says that the shortfall is due to dollars rather than desire, critics point to Reno’s new massive public transit center that cost some $15 million and argue that more shelters would cost a pittance by comparison.

As this story shows, the line between comfort and safety can be a thin one. Transit officials rightly point out that shelters need not only be purchased but also cleared with zoning restrictions and negotiated past the interests of local property owners. On the other hand, the ability to demarcate a bus stop with a metal pole and  a sign permits the marginalization of bus transit relative to automobiles and creates dangerous conditions that cause Nevada mass transit accidents. The Silver State is by no means immune to this kind of tragedy, despite having a relatively suburban and ex-urban population. If you or a loved one have been hurt on a Nevada public bus or other public transit, contact  us today to learn about your legal rights.

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The 76^th session of the Nevada Legislature began about a month and a half ago, and the 120-day marathon will be over before many Nevadans realize that it has begun. Even before the legislative session kicked off in early February, nearly 1,000 bill draft requests (or BDRs) had been made for issues ranging from regulating tanning beds to changing permitting of firearms whose misuse can result in tragic accidents and enduring spinal cord or brain damage. In the weeks since the session began, dozens more BDRs have poured in from both houses of the legislature as well as the various committees and even from the Nevada Youth Legislature.

The BDRs will be processed through the Assembly and Senate committees that have jurisdiction over the aspects of the law pertinent to those bills. For example, a BDR dealing with investigations of Nevada elder abuse (such as BDR 40-1075) might fall under the purview of a committee for health and human services or public safety, depending on how exactly the new law would function. A proposal to change the role of arbitration in cases of Nevada nursing home neglect, on the other hand, would likely fall under the power of a judiciary committee in the body in which the bill originated.

It is easy to write off the escapades of the Legislature as just more politics and partisan bickering, and the way the fight over the state’s budget shortfall is shaping up such a response is not entirely off-target. But these changes do matter, because when we face a tragic situation and we are looking for legal remedies, the laws that are in place end up being the rules of the game. The best thing any family dealing with a Nevada personal injury lawsuit can do is obtain legal guidance from experienced, knowledgeable personal injury attorneys who know Nevada law. In addition to working hard to apply current law in the most productive way possible for our Las Vegas and Southern Nevada personal injury clients, we also stay up-to-date on proposals to change Nevada law so we can adjust our strategies to help our clients as the law evolves. For answers to your legal questions, contact us today for a free consultation.

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In case you’ve missed the news reports, Nevada lawmakers are squaring off in a major battle over the state’s budget deficit. A hole of some $3 billion needs to be closed, and Governor Brian Sandoval and many of his Republican allies have taken tax increases off the table even though Nevada’s taxes are among the lowest in the country. It is unclear how this battle will ultimately play out, but one way or another a combination of spending cuts and revenue increases will have to be agreed upon in order to fund the state for the next two years. Even as this struggle plays out, the Nevada Legislature also seeks to resolve a number of other, non-budgetary issues such as improving protections for victims of Nevada elder abuse.

Nevada has not been immune to the startling, tragic epidemic of nursing home abuse that is sweeping the country as more and more senior-care facilities become for-profit franchises owned by large corporations. In too many cases, low-paid orderlies with minimal training  are given responsibility for elderly patients with special medical care needs. The results have been shocking: reports of sexual abuse of senior patients in some cases, infected bedsores from neglected elderly individuals in others.

A number of bills under consideration in the Nevada Legislature would do a number of things to protect elderly patients, such as clarifying the definition of Nevada nursing home neglect, updating training requirements for nursing home staff, and expanding the reach of criminal statutes to punish those who commit abuses against elderly Nevadans.

Lawmakers also hope to improve another body of law directed at a vulnerable population – that of employees making workers’ compensation claims. Too often, when Nevada families are seeking their due benefits through workers’ compensation after an on-the-job injury they instead have to deal with the legal obstructionism of the company’s insurer. Hopefully the new measures that are enacted will clarify contentious issues of workers’ compensation law and help affected families get the compensation they deserve with less delay. Today, our experienced Nevada workers’ compensation attorneys are available to help you understand the path to your workers’ comp benefits under current law, and we will remain informed of changes to this important body of law as it changes.

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Of some 260,000 registrations for private aircraft in the United States, more than a third are outdated or inaccurate, according to the Federal Aviation Administration. The FAA is now contemplating a massive recall of private-plane registrations in order to update its database, pursuing several public-safety goals. One concern is that lax registration requirements and shallow oversight have allowed abuse by criminal and terrorist elements that may utilize small aircraft to pursue illegal and dangerous agendas.

In the plan being discussed, over a period of three years the FAA will cancel all private aircraft registrations and issue requests for owners of small aircraft to re-register their planes. Additionally, registrations under the new program will only last for three years before they expire and will have to be renewed. Another goal of this program is to keep closer, more accurate track of the identities of the pilots of small aircraft. This would help ensure that those operating these planes have satisfied sufficient baseline and ongoing training requirements and thereby improve safety for all. Perhaps most important, a revitalized database of records will help regulators contact aircraft owners in the event of product recalls and other equipment concerns as they arise. At present, owners of small aircraft who are not vigilant about maintaining awareness about current aircraft defect recall notices run the risk of flying planes unfit for aerial use and putting at risk themselves, their passengers, and everyone on the ground below them.

Although relatively rare in comparison to motor vehicle accidents, tragic airplane accidents do occur. If you or a loved one have been affected by a Nevada aircraft accident involving either commercial or small, private planes, contact us for more information about your legal rights. We offer free consultations in our two convenient Clark County personal injury law offices.

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