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Archive for October, 2011

Las Vegas youth faces DUI or DWI charges in fatal Nevada car accident

October 31st, 2011 No comments

A 19-year-old man implicated in a Las Vegas DUI accident faced a high level of bail a few weeks ago when he was arraigned under criminal charges. According to reports, a woman was standing outside the rear of a vehicle parked on a residential street in northwest Las Vegas. The driver allegedly failed to slow or stop as he approached the vehicle from the rear and struck the vehicle as well as the woman. The woman — 46 years old — was pronounced shortly after arriving at a hospital; this development turned a troubling Nevada DUI crash into a tragic Las Vegas wrongful death.

Much of the attention focused on this case has been directed toward the arraignment of the accused. On the one hand, the young man showed tremendous remorse for his alleged role in this tragic Las Vegas motor vehicle accident, and his strong family and community ties made it unlikely that he would skip out on his trial and go on the run. On the other hand, the young man could face up to 20 years in prison if he is found responsible for the Las Vegas DUI injuries that claimed a woman’s life.

When a Nevada driver is accused of driving under the influence, he or she will typically secure costly defense counsel to try to mitigate the criminal consequences of the violation. But where the criminal justice system finds guilt and assigns punishment based on violations of the law, the civil court system if meant to restore families whose lives are disrupted by the irresponsible actions of others. If you or a loved one have suffered Las Vegas DUI injuries or other negative impacts, contact our Las Vegas personal injury lawyers today for a free consultation.

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Nevada Multi-Vehicle Accident Opens Questions About Liability

October 30th, 2011 No comments

Very often, one Nevada car accident can involve more than two vehicles at one time. Recently in Sparks, NV, a head-on crash on a busy highway led to three chain reaction crashes. Chain accidents are particularly deadly as motorists can be struck multiple times.  Luckily, those who were involved in the crashes in Sparks, NV did not suffer any life-threatening injuries.  Officials are still determining what led to this Nevada auto accident that involved so many vehicles and people.

When a Las Vegas multiple car accident occurs, liability becomes harder to establish. The reason liability is harder to establish is because there are so many more parties involved.  Unlike accidents involving one driver’s liability, determining who is at fault and to what degree in a multi-vehicle crash can be very complicated. Depending on the circumstances, not all drivers involved in a Nevada multi-vehicle accident are responsible or can be held liable.  The more cars involved, the more difficult and complex proving liability and fault can become.

If you are involved in a multi-vehicle accident, it is important to seek the help of a Nevada auto accident attorney who has experienced determining liability. Because multi-car collisions are incredibly complex, having an experienced auto accident lawyer can help if you want to receive full compensation.  A knowledgeable attorney can help determine what started the chain of events, if there was any negligence or recklessness involved and the degree of responsibility. Also, because insurance can be problematic in these situations, it is sometimes necessary to take the case to court to determine liability and collect any damages. Having an attorney can help protect your rights, especially if you are seriously injured. If you or a loved one have been injured in a multi-vehicle crash, please contact our offices today for a free consultation with our Las Vegas car crash lawyers.

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New law to prevent Nevada car accidents involving bicycles can save many lives

October 25th, 2011 No comments

One of the bills that passed in the spring’s session of the Nevada Legislature was aimed at making bicycling safer for Nevadans. The new law took effect October 1, 2011, and it is still too early to conclude whether or not its impact is being felt by drivers or cyclists. The law’s goal is to decrease Las Vegas personal injuries and worse for those who use bikes for a mode of transportation and for recreation.

The new law requires that motorists change lanes if they wish to pass a bicyclist, and it states that they should only do so if it is safe. If it not safe to change lanes, motorists must give bicyclists at least three feet of extra space when passing them on the road.  The new required passing space is designed to limit the danger to cyclists, who are very vulnerable to serious injuries and accidents on Nevada roadways. Some of the worst Nevada pedestrian accidents occur when drivers misjudge the distance between their vehicles and the bicyclists they are overtaking. Many motorists are so used to fighting for space on their left that they fail to properly account for vehicle size on the  right side of the car.

Bicyclists are more vulnerable as there is very little protection for bike riders if they were to become involved in a serious accident. Many individuals who commute by bicycle decline to use protective helmets, and the lack of this baseline level of armor increases the likelihood of Las Vegas brain damage injuries in the event of a bicycle accident. Bicyclists are especially vulnerable on urban streets and on rural roads with high speed limits and unmarked lanes; these are also two of the areas adult bicyclists are most commonly found.

According the National Highway Traffic Safety Administration, 630 bicyclists died in traffic accidents in 2009. Another 51,000 riders suffered injuries from bike accidents. Many of these injuries included head injuries and broken bones.  However, the seriousness of accidents and injuries can be reduced if proper precautions are taken, such as riders wearing helmets and motorists being aware of their surroundings. Nevada car accidents can also be avoided if motorists and bicyclists obey all traffic laws.

Even if all laws are obeyed and all precautions are still taken, accidents involving bike riders can still happen. It is important to speak to a Las Vegas personal injury attorney who is knowledgeable about how to best manage a bicycle accident lawsuit.  If you need legal advice about a Nevada bicycle accident, contact us our office today for a free consultation.

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Nevada Skydiving Accident Highlights Product Safety Issues

October 22nd, 2011 No comments

The sport of skydiving has become safer over the years. According to the United States Parachute Association, more than 32,000 instructors and 400,000 first-time skydivers made three million jumps in 2009. Skydiving involves inherent risks but many of those risks can be minimized with proper preparation, good judgment, and the good fortune of avoiding Nevada defective product accidents such as parachute malfunctions. However, the risks and dangers of skydiving become apparent in the Nevada desert on what was supposed to be a joyous occasion; the tragedy was yet another Nevada air accident.

Earlier this month a skydiving accident near Mesquite, Nevada left two people dead when their parachute failed to open during the jump. The fatal Nevada skydiving accident occurred about 90 miles outside of Las Vegas during a Skydive Mesquite tandem jump at the Mesquite Municipal Airport. Officials identified the victims as James Fonnesbeck, the skydiving instructor, and Claudette Porter, the student. According to Porter’s family, the skydiving trip was a birthday present. She had often talked about skydiving and her family arranged the trip for her 75th birthday. The instructor, Fonnesbeck, had more than 40 years of skydiving experience with nearly 11,000 jumps under his belt.

According to officials, it appears the reason why this Nevada skydiving accident occurred was due to the primary parachute’s failure to open during the jump. The backup chute did deploy when the main chute did not, but tragically it became tangled and was not able to slow the fall. While many skydiving accidents are caused by human error, the failure of the main chute opening during the jump raises questions about a possible defective product and subsequent investigations could lay the basis for a Nevada defective product lawsuit.

Investigations into the Nevada skydiving accident are still underway. The U.S. Federal Aviation Administration (FAA) will also be looking into the cause of their deaths. While Nevada skydiving accidents are rare, they can still happen at unexpected times whether due to human error or a defective product. Our team of Nevada product liability attorneys have experience with various defective products and can help you if you or a loved one have been injured

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Lightning Strike Scare Raises Nevada School District Liability Issues

October 18th, 2011 No comments

With our state’s desert climate and varied, often high altitudes, Nevadans are no strangers to thunderstorms. Summer thunderstorms are an especially common occurrence in northern Nevada, where cold, moist air makes it over the Sierra Nevada mountains and drives violent storms. These storms can be very powerful and can cause damage due to heavy rains and strong winds. Lightning in the north has been known to spark wild Nevada fires and cause power outages through wind, rain, and electrical damage. Because the likelihood of being struck by lightning is so low and because these slim odds can be reduced even further through proper precaution, but at least four Nevada personal injuries occurred last month during a surprising lightning strike during a high-school soccer game.

At northern Nevada’s Robert McQueen High School, a boys’ varsity soccer game taking place on a cloudy Saturday afternoon last month was abruptly interrupted by intense weather. As the game wound down to the end of regulation time and players, parents, and friends looked on and milled about, lightning struck the field between the two sets of bleachers. According a fire official, approximately four to six people were in the area of the lightning strike. Witnesses saw a flash and heard a loud boom as dust and debris flew. Once the air cleared, many parents were scrambling to find their children to make sure they were uninjured. Although the thoughts were surely in the back of these frantic parents’ minds at the time, it is possible that some parents were contemplating what legal action could be taken to hold the school district accountable if the incident resulted in injuries and possible Nevada public agency liability.

When emergency vehicles responded to the scene, a total of four people had suffered Nevada personal injuries. Of the injured, two requested further attention at a local hospital but because all those involved were spared direct strikes from the lightning the injuries were not reported as being life threatening or otherwise very serious. Many others in attendance were emotionally shaken by the incident and quickly left the scene.

It is unclear if any Nevada personal injury lawsuits will be filed because of this incident. School district and campus officials must examine if all safety protocols were followed that may have prevented this unfortunate event. This includes whether the game should have been suspended when lightning was spotted earlier in the area before it hit the soccer field. Could the county or school officials be held accountable for Nevada school liability? In cases where accountability for injuries is unclear, you need to seek the counsel of an attorney. If you need legal advice about a Nevada accident case, contact us our office today for a free consultation.

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Law enforcement continues efforts to prevent Las Vegas DUI accidents

October 17th, 2011 No comments

Over the Labor Day weekend last month, Nevada law enforcement was out in full force for its final major challenge of the season. This national holiday marks the official end of summer, even if the weather of July and August sometimes sticks around longer. (Although anyone who has spent a full year in Nevada knows, this weather can disappear just as abruptly…only to resurface in January as a break in the winter’s weather-related rash of Nevada automobile accidents.) As Silver State residents celebrated this last hoorah of summer, some went camping, stayed home to barbecue, or retreated to the thrills and mystique of Burning Man in northern Nevada. But some revelers took things too far and put their fellows at risk of Las Vegas DUI accidents.

Over a three-week period law enforcement in Las Vegas ramped up efforts to combat Las Vegas drunk driving. These efforts included not only extra officers working overtime shifts but also a public-awareness campaign utilizing public service announcements on radio and TV to remind drivers that driving under the influence is not only illegal, but dangerous.  In 2010 alone Clark County suffered nearly 30 avoidable Las Vegas deaths due to other drivers who chose to drink and drive.

The long-term aim of these highly public, highly aggressive anti-DUI efforts is to shift public attitudes toward drinking and driving. Nevada is a state with a robust relationship to alcohol that comes from our casino industry, our large university populations, and a loose and celebratory culture. Over time, the hope is that this appreciation for alcohol will become wedded to a recognition of its potency and the importance of acknowledging when one has imbibed too much to safely operate a vehicle. A cultural change like this could not only save lives that are presently lost, it could also prevent the drastic alteration of dozens of other lives that are changed forever in the wake of Nevada spinal cord injuries.

If you or a loved one have suffered a Las Vegas personal injury of any type and especially if you have been injured by a Nevada impaired driver, please feel free to contact our office to learn more about what our experienced Las Vegas DUI accident lawyers can do for you.

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$104 million Las Vegas pharmaceutical liability suit

October 12th, 2011 No comments

A jury has found two pharmaceutical companies, one Israeli based and one Illinois based, responsible for damages in Nevada stemming from a hepatitis C outbreak in Las Vegas four years ago.  The Clark County jury awarded Mr. and Mrs. Washington a total of $104 million dollars in a Las Vegas product liability suit originally developing at Las Vegas outpatient colonoscopy clinics.

Each and every day people come into contact with products in Las Vegas that fail or do not live up to the manufacturers promise.  Most of the time this shortcoming is not a serious problem, but occasionally it leads to situations like the one above in which a highly skilled Las Vegas product liability attorney is necessary.  From outright defective products to personal injuries suffered by Nevadan’s, the law firm of Benson & Bingham is ready and willing to serve the good people of Las Vegas and the rest of Nevada as they seek restitution for their Nevada personal injury damages.

As manufacturers constantly seek ways to cut corners and boost profits, it is often the consumer who is put at risk.  Personal injury suits in Nevada are not uncommon and often they can result in terrible harm.  Nevadans have a right to seek compensation for the personal injuries in Nevada they have suffered.  From spinal injuries to wrongful death and armies of corporate lawyers protecting their companies interests, product liability in Nevada is filled with challenging legal issues.  Remember that Benson & Bingham is here to represent you if you or someone you know find themselves in need of a top Nevada injury or product liability attorney.

 

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Nevada bicycle and moped injuries may rise with gas prices

October 6th, 2011 No comments

As gas prices continue to burden the pocketbooks of many Nevadans, some are turning to alternative forms of transportation.  While Nevada is known for its “western ways” there is not yet a return to the horse and buggy some might have thought was coming.  Instead the new budget transportation options include mopeds and even the old bike.

While these gas saving vehicles cut down on the riders’ fuel consumption, they also put the rider in personal injury prone situations.  In Reno the economic and urban hub of Northern Nevada, a bike rider was hit Saturday night October 1st and a moped rider was hit Monday night October 3rd and suffered serious personal injuries. In August a 13 year old boy was hit in Spanish Springs (Northern Nevada) while riding his bike and drug 15 feet, thankfully he survived.

Any Nevada auto accident can be devastating.  But many minor vehicle to vehicle collisions result in limited injury.  However, being struck by a vehicle while on a bike or moped is particularly dangerous.  There are no safety restraints or even the advantage of hundreds of pounds of steel and fiberglass absorbing the energy of the collision, just the automobile and the rider’s body.

With personal injuries ranging from head trauma, spine or back injuries to death a competent Nevada injury attorney is the key to putting the pieces back together after an auto accident.  As is well known all too often alcohol or other impairing substances can be a part of an accident, this can lead to a wrongful death claim in which a well trained Las Vegas attorney may become the most valuable asset to the ones left grieving.

While helmets are often a part of the moped or bike riders safety gear, they can have flaws  that may exacerbate the complexity of product liability claims, and leave someone suffering from injuries that they may not have incurred had the safety gear worked as advertised.  Be safe on the road, if you are driving a car look out for those on bikes and mopeds and if you are on a moped or bike wear a helmet and be cautious.  If despite your best efforts you find yourself injured while using the roadway please allow the highly skilled Nevada personal injury lawyers at Benson and Bingham to assist you in any way we can.

 

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Las Vegas school bus accidents raise child safety concern

October 4th, 2011 No comments

Two separate school bus accidents just minutes apart raise concern of personal injuries for children and drivers alike.  This afternoon a school bus was hit by a car while on an on-ramp.  The driver of the bus and the children were taken to the hospital, but have since been cleared of any personal injuries. Another collision happened just minutes later when an SUV collided with a bus at another location in the Vegas area.  The driver of the SUV is in critical condition while the bus driver and the children were thankfully unharmed.

Everyday thousands of children get on board school buses in their daily commute to and from school.  More often than not this process takes place without any problems, but occasionally tragedy can strike. Last summer an accident involving a school bus in Missouri left one child dead and the driver of the pickup truck the bus collided with, deceased as well.

As winter sets upon the Silver State we should consider the implications of driving while children are travelling to and from school.  An injury to a child while in the care of the school district can be a challenging issue to face.  From spinal head and back injuries to stress related suffering resulting from a crash or the pain of wrongful death litigation; a child deserves the best representation available.  Remember that the majority of the time children ride the bus without incident.  But should your child or someone you know have an issue that involves a personal injury while on a school bus or any other form of Las Vegas transportation, please feel free to give our Nevada licensed personal injury lawyers a call and allow our staff to inform you of your options.

 

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Outdoor Fun Can Lead to Nevada ATV Injuries

October 3rd, 2011 No comments

Riding all-terrain vehicles is a very popular recreational sport in Nevada. With endless wide-open spaces around Nevada, many families enjoy the outdoors through this activity.  However, this fun past-time is extremely dangerous and it led to a tragic result for one Las Vegas family that was affected by a Nevada ATV accident.

A young woman in her junior year at Faith Lutheran High School in Las Vegas recently died in an all-terrain vehicle crash in Brian Head, Utah. The girl was riding with her family and friends when her ATV rolled on top of her as the group went up a steep hill. She suffered massive head injuries from being crushed by her ATV. Although she was wearing a helmet when she was riding, it appears to have fallen off during the accident and this has raised questions about a Nevada defective product lawsuit. Her accident comes just a few months after her brother was shot and killed outside a Las Vegas bar earlier this year, beginning what has been a tragic period for this unfortunate family.

ATV accidents and deaths can happen for a variety of reasons. It could be carelessness of the driver or a mechanical issue with the vehicle. According to the Consumer Product Safety Commission, recreational ATV accidents claim more than 700 lives each year. These accidents also leave another 135,000 people with Nevada personal injuries. Of those who are killed or injured, one-third of them are children and teenagers under the age of 16.

Whether someone is hurt by equipment failure or by driver negligence that results in a Nevada wrongful death or other personal injury, it is important for those injured parties and their loved ones to have an someone walk them through the legal ramifications. An experienced Nevada accident injury attorney can help a family cope with the consequences of an ATV accident. The attorney can help evaluate the case and lay out the different options available to for possible compensation. Call our office today for a free consultation if you or a loved have been harmed in an ATV accident.

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