Las Vegas Injury & Accident Attorney Blog

The after-school squabble by the bike rack is, in some ways, as classically American as apple pie and baseball. In the classic scene, two young men meet at a pre-determined place and settle a score from an earlier dispute. A few short minutes later knees are scraped, hair is mussed, the aggression is dissipated, and no lasting harm is done. This storied exchange is in decline for a number of reasons: greater involvement of schools in extra-curricular behavior, increased societal litigiousness, and in some cases a heightened risk of serious injury. However, a recent instance of Nevada public school violence shows the growing problem of school fights.

In Reno this week, two 16-year-old boys took advantage of a half-day at school to settle a score in brutal fashion. A crowd of nearly two dozen students gathered at a public park and authorities say that they began fighting as the climax of a dispute that is believed to have started earlier that day at school. According to reports one of the boys took hold of a stick and struck the other boy in the head, resulting in a Nevada head injury. The other boy hurt his ankle according to witnesses’ reports.

School officials acted quickly to impose consequences on those involved in the fight and to determine what role the school environment played in stoking the fires of the dispute. These administrators are acting not only for the welfare of all the students but also to cover their own liabilities — in a case where a Nevada school child is hurt on school property or as a result of school activities there is a heightened potential for Nevada public school liability.

It saddens us to see an example of young people resorting to violence to settle a score, and we hope that those involved will learn from the experience and that school faculty throughout the state will take new steps to avoid bullying and other hostile environments in our public schools. As a new school year begins, we wish all our readers and every Nevada family a safe and happy beginning of the new academic term. If you or a loved one need information about Las Vegas personal injuries, look no further than the free consultations and honest answers of Benson & Bingham.

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Hunting season is upon us in the Silver state. Archery hunters are already scrambling through the hills in search of “the big one” and bird hunters are eagerly awaiting September 1st when dove, snowcock and grouse open. Hunting is generally a safe hobby in which participants take some time and enjoy the beauty of the Nevada back-country and attempt to reconnect with nature without substantial risk of Las Vegas personal injuries.

Unfortunately, there are numerous injuries every year caused by poorly designed or defective products that fail when used or by poor decisions by other hunters. Every hunter has heard the horror stories of someone enjoying time in the hills looking for a deer or some chukar only to be scared out of their mind by someone just over the next knoll shooting in their direction. The vast majority of these situations end in a harmless apology from one party to another, but occasionally someone is either seriously injured by a Nevada brain damage injury or worse.

Whether one is injured by a faulty product or by the tragic carelessness of another hunter that results in a Nevada wrongful death it is imperative for the injured to be adequately represented. An experienced attorney is essential to prove that a victim was injured through no fault of their own and that the other party acted irresponsibly or with negligence. In the worst cases of Nevada hunting injuries often alcohol or another impairing substance is part of the equation.

We hope our outdoorsy readers will enjoy the beauty and peace in the wild places of Nevada but that they will do so safely. And if another has failed to do so or a product has failed to live up to its representation, remember that a skilled Las Vegas hunting accident attorney is here to help.

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With the Labor Day holiday just around the corner, many Nevadans are already planning to hit the roads to celebrate the end of summer. In addition, law enforcement agencies in Nevada are planning an aggressive three-week anti-DUI campaign timed to interrupt late-summer revelry taken to access. The campaign starts on Friday, August 26 in Southern Nevada in the hope of preventing Las Vegas DUI accidents.

A federal grant is helping Nevada public transportation agencies to get the message out about the dangers of drunk driving. A series of radio and TV ads is beginning to flood the airways with the goal of encouraging motorists to use designated drivers or pay for taxis if they plan on drinking. While his statewide initiative is targeted to reduce drunk driving over the Labor Day holiday, there are campaigns that happen year-round to reduce drunk driving nationally and locally.

Alcohol-related car crash deaths and injuries are all too common, especially over busy holiday weekends. On average in the U.S., someone is killed every 50 minutes due to an alcohol-related accident. About one-third of Nevada car accident deaths in Nevada are linked to impaired drivers. Last year, 89 people died in Nevada because of people of chose to drive under the influence of alcohol; it is because these accidents are caused by bad choices and are therefore preventable that they are so tragic. When a loved one is killed or injured in an accident by a drunk driver the consequences are not only life changing.

An experienced Nevada personal injury attorney can help a family cope with the ramifications of a DUI related accident. While the compensation can never replace a loved one, it can help provide to those who are left behind or those victims who need time to recover. Call our office today if you or a loved has been harmed in a DUI-related accident.

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Nevada’s neighbor to the west, California, has been put into the national spotlight because some disturbing incidences at sporting events. These unexpected acts of violence have put the safety of sporting events in question and have raised questions about Nevada sporting event injuries.

Many California cities are favorite places to visit for many Nevadans, especially if they are loyal fans of the various sports teams. However, these cities have been marred by fan violence that has sent four people to the hospital in recent months. Three of those victims are still reportedly in the hospital recovering from their serious assault and battery injuries.

The first incident occurred nearly five months ago outside Dodger Stadium.  A San Francisco Giants fan, Bryan Stow, was severely beaten by two men wearing Los Angeles Dodgers attire after the season opener between the two teams. Stow suffered serious brain injuries and remains hospitalized. Two men have been arrested for beating Snow. However, they have pleaded not guilty to the charges and the trial is ongoing. The alleged assailants could face a civil lawsuit for intentional tort in addition to any criminal consequences.

The most recent incident happened in August at a preseason game between the Oakland Raiders and San Francisco 49ers. The incident occurred at Candlestick Park in San Francisco. Two men were hurt by separate shootings in the parking and another was beaten in a restroom. Two of the three men are still in the hospital and police are still investigating and looking for suspects.

These acts of unexplained violence have caused many sports teams at a collegiate and professional level to evaluate their security and safety procedures. Many of these teams hope to prevent any more violence that could lead to injuries or even death.  It also causes many people to reflect how the fun pastime of attending a sporting event could become so dangerous. If this pattern of violence continues and sports franchises do not take substantial measures to prevent fan violence, the teams themselves could be held responsible for personal injuries on business property.

Whether brought against attackers, sports teams, security companies, or other entities, the aftermath of all this fan violence is likely to include various personal injury lawsuits.  If you need legal advice in a Nevada personal injury case, contact our office today for a free consultation.

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It is almost impossible to recall the days of old when drivers had to stop at a pay phone in order to make a call when on the road.  Today drivers have the ability to talk on cell phones, text, e-mail and even “tweet.”  However, all of this convenience comes at a price, sometimes in the form of Las Vegas car accidents.

Nevada distracted drivers are responsible for countless accidents across the nation. Safety experts and concerned citizens have been warning against the effects of distracted drivers for years. Many states have been proactive and during the most recent legislative session Nevada added her name to the list of states that would outlaw text messaging and using handheld cell phones while driving in Nevada. SB140 was approved by Gov. Sandoval and will go into full effect January 1^st 2012. Law enforcement officials will warn people spotted using their phones until the law goes into full effect.

Unfortunately, not everyone will heed the warning and will continue to endanger themselves and fellow commuters. The results can be disastrous, from minor rear end accidents to running of red lights and fatal Nevada pedestrian collisions.  There is of course no way to make the victims of distracted driving or their families completely whole again, but the law does allow for compensation.

The skilled Las Vegas personal injury attorneys at Benson & Bingham have the experience that counts when victims need an advocate to attempt to mitigate the damages done by people not obeying the law and endangering those around them.  If you or a loved one has been harmed by another’s negligence or distraction please contact us to find out how we can help.

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High-speed car chases in Nevada are unnecessary and often can be avoided. However, those who are trying to elude law enforcement often disregard the safety of others on the road as they attempt to escape. Two recent cases this past summer in Nevada illustrate how deadly high-speed chases can be to other motorists.

The first incident occurred in June near Fallon, Nevada. A 75-year-old man from Missouri was killed as a man from Peyton, CO tried to get away from law enforcement.  Police officers had originally stopped the car for speeding. The original driver of the vehicle had gotten out of the car at the request of officers. However, the passenger jumped into the driver’s seat and quickly drove away.

The car driven by the Colorado man had forced one vehicle off the road and sideswiped another one before crashing into the vehicle driven by the Missouri man. After the collision, the driver of the high-speed vehicle exchanged gunfire with officers. The driver later died at the scene. A deputy was also injured as gunfire was exchanged between law enforcement and the man involved in the high-speed chase.

In the second case, the Nevada Highway Patrol recently arrested another man in August after a car chase in northern Nevada. The Reno man was spotted for reckless driving near Stead. The man speed through southbound US 395, at one-point hitting another vehicle and the median several times. Law enforcement eventually stopped the vehicle and arrested the driver.

These high-speed chases highlight the unnecessary danger innocent motorists are placed in when these chases occur. Property damage, personal injury and even death are often the result. If you or some you have been seriously injured in an accident in Nevada, contact our Las Vegas accident and injury lawyers today for a free consultation.

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Already Nevadans are seeing the effects of legislative efforts undertaken in the 2011 Nevada Legislature. Budget cuts to social services and non-profit agencies have been rolling out as organizations begin their new fiscal years or approach the ends of current ones, and police officers have been making informational stops to issue warning tickets in anticipation of a January 2012 activation of the state’s new texting and driving law. Another way that Silver State residents will soon witness these changes is in a change to the way Nevada public agency lawsuits will be handled.

Under current law (to be precise, NRS 41.035), damages are capped at $75,000 for civil actions arising in the event of Las Vegas government entity accidents. For instance, if you are hurt in a high-speed chase involving Nevada Highway Patrol officers, the total amount of money you can recover from this accident is $75,000. Because accidents involving public entities often involve heavy or fast-moving vehicles, these tort caps can negatively and inappropriately impact victims of these events if they deny victims full compensation for major spinal cord and back injuries.

Beginning in October, this cap will rise to $100,000 as a result of new laws passed in the spring. This change will not undercut the goal of damages caps but it will make a big difference to Nevada families seeking to become whole again after a Nevada public agency accident harmed them. (Damages caps are premised on the idea that juries cannot decide for themselves how to award damages and that letting them do so would result in inappropriately large public obligations to compensate the victims of Nevada injuries and accidents caused by state and city officials, employees, and contractors.)

A good Las Vegas personal injury lawyer keeps abreast of these changes and understands how evolving laws can affect the options available to the clientele. If you or a loved one have been hurt by a construction crew, snowplow, sewer or utility accident, or any other public agency or its employees or sub-contractors, contact us today for a free consultation with one of our Las Vegas personal injury attorneys.

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The nation begins another challenging weak of slow economic growth and fickle stock markets with more bad news: five people are dead and many more have suffered personal injuries after a freak accident toppled a stage at the Indiana State Fair. According to reports and video of the event, a strong gust of wind compromised the poles supporting the roof of the stage and it came crashing down upon dozens of people with tragic results.

It is thankfully a rare occasion that an event such as this results in a stage show accident, but these tragedies are not unheard of. Especially in the state of Nevada, tourists are hurt every year in Las Vegas casino show accidents. That accidents like this have happened before is little consolation to the families affected by this tragedy that interrupted the celebratory air and calm of a state coming together during an annual fair.

Before a crowd of some 20,000 people, a strong gust first ripped the curtains from the stories-tall stage. The metal structure lurched from side to side and then one of the main vertical supports buckled. The stage roof collapsed upon itself and the heavy structure came crashing down upon those on and near the stage. Five people are dead and dozens more injured from the tragic event, and as investigations continue the obvious question is whether bad luck or negligent design is more to blame.

Our thoughts are with the families of those injured and killed in this tragic accident. A sad necessity of the aftermath will be investigations and the commencement of wrongful death lawsuits aimed at making whole again those who lost loved ones so abruptly. If you need legal advice in a Nevada personal injury case, contact us today for a free consultation.

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Two Nevada pilots and their families are thanking their good graces for being able to walk away from a Nevada airplane accident that sent their small plane flipping end-over-end on Wednesday morning. Investigations are continuing to assess the circumstances of an accident that could easily have been a tragedy for air enthusiasts throughout Nevada.

According to initial reports, a student pilot and that person’s instructor were flying in northern Nevada on one of several practice flights required to build the student’s experience level up to at least 20 hours of airtime. The plane was attempting to make an unplanned landing at a state park but the landing caused the plane to flip end-over-end and come to a stop on its roof. The two passengers extracted themselves from the single-propeller aircraft and rested at a nearby campsite until emergency personnel arrived on the scene. Paramedics administered basic first aid to treat the pilots’ Nevada personal injuries.

The student pilot can take some comfort in the botched landing — the plane’s downward trajectory was apparently unplanned and the terrain on which the plane attempted to land was far from the uncluttered tarmac of a designated airfield. Even more, the passengers should be grateful that they suffered only minor injuries and were not killed. Many plane crashes in our state happen under mysterious circumstances and kill experienced pilots, raising the possible need for a Nevada wrongful death attorney.

In this case, human error is likely to be identified as the cause of the Nevada airplane crash. Flying is an extremely technical undertaking and even a small error left uncorrected can result in a near tragedy like this one. When human error is not suspected, investigations of this type focus on possible mechanical problems which can variously be attributed to insufficient maintenance or faulty parts. In the latter case, the victim of any such crash or the victim’s family is likely to consider legal action under Nevada defective product liability law. If you or a loved one have been hurt in an accident in Nevada, contact our Las Vegas accident and injury lawyers today.

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The bereaved family of a 17-year-old boy took bitter-sweet comfort in the recent outcome to a case with troubling echoes of recent stories of Las Vegas excessive force accidents. The boy was assailed by a supermarket security guard and was subjected to a continuous blast of electricity from the guard’s Taser device. He fell to the ground and after nearly 40 agonizing seconds lay on the floor of the grocery store, motionless. Unbeknownst to the security guard, his target had a heart condition that turned an excessive use of a Taser into a fatal tragedy.

We have reported before on the Las Vegas personal injury lawsuits that result when police officials overstep their roles and turn crime prevention into unchecked vigilantism. A few months ago a man who had been turning his life around after a long struggle with criminal activity died when he was subjected to excessive Taser shocks. We observed at the time that the man’s surviving family members were likely to consider civil action under Nevada wrongful death law to recover damages to compensate for the tragic loss of their loved one.

In this recent case, attorneys for the plantiff family were successful in securing a large jury award — some $10 million — from Taser International, Inc to compensate the family for their loss and to punish the company. Jurors decided that Taser Inc should have provided more substantial warnings and training materials to go along with its potent device. Arguably, Taser could have faced further penalties under state failure-to-warn statutes that attempt to protect consumers from Nevada defective product injuries.

Any family that has lost a loved one to a tragedy like this — whether in an alcohol-induced motor vehicle accident, a Nevada fire accident, or an unsafe product injury — would instantly trade a multi-million dollar settlement or verdict to have their loved one back. Sadly, all the civil justice system can do is attempt to make victims and their families whole again by other means. If a family member has been harmed or killed in an accident such as these and you want to know more about what options are available, schedule a free consultation with our Las Vegas personal injury attorneys today.

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