Comments for Las Vegas Injury & Accident Attorney Blog http://www.bensonbingham.com/wordpress Information, Tips and Other News Relating to Injury and Accident Law in Nevada. Wed, 11 Apr 2012 23:28:13 +0000 hourly 1 http://wordpress.org/?v=3.0.1 Comment on Pedestrians Crossing the Street in the State of Nevada by info http://www.bensonbingham.com/wordpress/?p=376&cpage=1#comment-37849 info Wed, 11 Apr 2012 23:28:13 +0000 http://873446300#comment-37849 Hi Jack, You can get all the information regarding the right of way and pedestrians at Nevada's Legislative website: http://www.leg.state.nv.us/ Here are two excerpts I ran across concerning pedestrians: NRS 484B.283 Right-of-way in crosswalk; impeding ability of driver to yield prohibited; overtaking vehicle at crosswalk; obedience to signals and other devices for control of traffic; additional penalty if driver is proximate cause of collision with pedestrian. 1. Except as otherwise provided in NRS 484B.287, 484B.290 and 484B.350: (a) When official traffic-control devices are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be so to yield, to a pedestrian crossing the highway within a crosswalk when the pedestrian is upon the half of the highway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the highway as to be in danger. (b) A pedestrian shall not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. (c) Whenever a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle until the driver has determined that the vehicle being overtaken was not stopped for the purpose of permitting a pedestrian to cross the highway. (d) Whenever signals exhibiting the words “Walk” or “Don’t Walk” are in place, such signals indicate as follows: (1) While the “Walk” indication is illuminated, pedestrians facing the signal may proceed across the highway in the direction of the signal and must be given the right-of-way by the drivers of all vehicles. (2) While the “Don’t Walk” indication is illuminated, either steady or flashing, a pedestrian shall not start to cross the highway in the direction of the signal, but any pedestrian who has partially completed the crossing during the “Walk” indication shall proceed to a sidewalk, or to a safety zone if one is provided. (3) Whenever the word “Wait” still appears in a signal, the indication has the same meaning as assigned in this section to the “Don’t Walk” indication. (4) Whenever a signal system provides a signal phase for the stopping of all vehicular traffic and the exclusive movement of pedestrians, and “Walk” and “Don’t Walk” indications control pedestrian movement, pedestrians may cross in any direction between corners of the intersection offering the shortest route within the boundaries of the intersection when the “Walk” indication is exhibited, and when signals and other official traffic-control devices direct pedestrian movement in the manner provided in this section and in NRS 484B.307. 2. If, while violating paragraph (a) or (c) of subsection 1, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653. (Added to NRS by 1969, 1492; A 1981, 669, 1918; 2003, 364; 2011, 1634)—(Substituted in revision for NRS 484.325) NRS 484B.287 When pedestrian must yield right-of-way to vehicle; when crossing at crosswalk is required; crossing diagonally. Except as provided in NRS 484B.290: 1. Every pedestrian crossing a highway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the highway. 2. Any pedestrian crossing a highway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the highway. 3. Between adjacent intersections at which official traffic-control devices are in operation pedestrians shall not cross at any place except in a marked crosswalk. 4. A pedestrian shall not cross an intersection diagonally unless authorized by official traffic-control devices. 5. When authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements. (Added to NRS by 1969, 1493; A 1981, 670, 1919)—(Substituted in revision for NRS 484.327) For more information, other areas of the Rules of the Road: http://www.leg.state.nv.us/nrs/NRS-484B.html Hi Jack,

You can get all the information regarding the right of way and pedestrians at Nevada’s Legislative website: http://www.leg.state.nv.us/

Here are two excerpts I ran across concerning pedestrians:

NRS 484B.283 Right-of-way in crosswalk; impeding ability of driver to yield prohibited; overtaking vehicle at crosswalk; obedience to signals and other devices for control of traffic; additional penalty if driver is proximate cause of collision with pedestrian.
1. Except as otherwise provided in NRS 484B.287, 484B.290 and 484B.350:
(a) When official traffic-control devices are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be so to yield, to a pedestrian crossing the highway within a crosswalk when the pedestrian is upon the half of the highway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the highway as to be in danger.
(b) A pedestrian shall not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
(c) Whenever a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle until the driver has determined that the vehicle being overtaken was not stopped for the purpose of permitting a pedestrian to cross the highway.
(d) Whenever signals exhibiting the words “Walk” or “Don’t Walk” are in place, such signals indicate as follows:
(1) While the “Walk” indication is illuminated, pedestrians facing the signal may proceed across the highway in the direction of the signal and must be given the right-of-way by the drivers of all vehicles.
(2) While the “Don’t Walk” indication is illuminated, either steady or flashing, a pedestrian shall not start to cross the highway in the direction of the signal, but any pedestrian who has partially completed the crossing during the “Walk” indication shall proceed to a sidewalk, or to a safety zone if one is provided.
(3) Whenever the word “Wait” still appears in a signal, the indication has the same meaning as assigned in this section to the “Don’t Walk” indication.
(4) Whenever a signal system provides a signal phase for the stopping of all vehicular traffic and the exclusive movement of pedestrians, and “Walk” and “Don’t Walk” indications control pedestrian movement, pedestrians may cross in any direction between corners of the intersection offering the shortest route within the boundaries of the intersection when the “Walk” indication is exhibited, and when signals and other official traffic-control devices direct pedestrian movement in the manner provided in this section and in NRS 484B.307.
2. If, while violating paragraph (a) or (c) of subsection 1, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.
(Added to NRS by 1969, 1492; A 1981, 669, 1918; 2003, 364; 2011, 1634)—(Substituted in revision for NRS 484.325)

NRS 484B.287 When pedestrian must yield right-of-way to vehicle; when crossing at crosswalk is required; crossing diagonally. Except as provided in NRS 484B.290:
1. Every pedestrian crossing a highway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the highway.
2. Any pedestrian crossing a highway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the highway.
3. Between adjacent intersections at which official traffic-control devices are in operation pedestrians shall not cross at any place except in a marked crosswalk.
4. A pedestrian shall not cross an intersection diagonally unless authorized by official traffic-control devices.
5. When authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.
(Added to NRS by 1969, 1493; A 1981, 670, 1919)—(Substituted in revision for NRS 484.327)

For more information, other areas of the Rules of the Road: http://www.leg.state.nv.us/nrs/NRS-484B.html

]]> Comment on Pedestrians Crossing the Street in the State of Nevada by jack http://www.bensonbingham.com/wordpress/?p=376&cpage=1#comment-35300 jack Thu, 01 Mar 2012 17:53:10 +0000 http://873446300#comment-35300 what is the legality, in nevada, of crossing the street at an unmarked intersection of two streets?? Is it considered an intersection and can a pedestrian cross legally there?? what is the legality, in nevada, of crossing the street at an unmarked intersection of two streets??
Is it considered an intersection and can a pedestrian cross legally there??

]]> Comment on Rental Car Insurance Coverage In Nevada by RBurrows http://www.bensonbingham.com/wordpress/?p=9&cpage=1#comment-33809 RBurrows Sat, 04 Feb 2012 18:25:21 +0000 http://bensonbingham.com/wordpress/?p=9#comment-33809 I am visiting from Australia and just hired a rental. Not having any car insurance cover I purchased the Damage Waiver cover and the Supplementary Liability Protection insurance. I now note that the SLP has an exclusion that states "Liability arising out of or benefits payable under any uninsured or underinsured motorist law, in any state" does this mean that if I am involved in and accident in which the other driver is uninsured or underinsured I have no liability cover??? I am visiting from Australia and just hired a rental. Not having any car insurance cover I purchased the Damage Waiver cover and the Supplementary Liability Protection insurance. I now note that the SLP has an exclusion that states “Liability arising out of or benefits payable under any uninsured or underinsured motorist law, in any state” does this mean that if I am involved in and accident in which the other driver is uninsured or underinsured I have no liability cover???

]]> Comment on Pedestrians Crossing the Street in the State of Nevada by bensonbingham_news http://www.bensonbingham.com/wordpress/?p=376&cpage=1#comment-23791 bensonbingham_news Thu, 08 Sep 2011 05:19:45 +0000 http://873446300#comment-23791 Orlando, That sounds like a frustrating situation. Our firm would normally represent someone who was injured in a Las Vegas pedestrian accident rather than acting as defense counsel for someone who has injured in that way. It is a good thing that no one was hurt in this incident. If you need help dealing with a traffic citation, you should try http://www.24HourTicketPower.com for a fast, easy way to get your Las Vegas ticket fixed online. Orlando,

That sounds like a frustrating situation. Our firm would normally represent someone who was injured in a Las Vegas pedestrian accident rather than acting as defense counsel for someone who has injured in that way. It is a good thing that no one was hurt in this incident.

If you need help dealing with a traffic citation, you should try http://www.24HourTicketPower.com for a fast, easy way to get your Las Vegas ticket fixed online.

]]> Comment on Pedestrians Crossing the Street in the State of Nevada by Orlando Sloan http://www.bensonbingham.com/wordpress/?p=376&cpage=1#comment-23736 Orlando Sloan Tue, 06 Sep 2011 21:51:41 +0000 http://873446300#comment-23736 I was caught in a crosswalk sting by the Las Vegas police.Traveling on a 6 lane steet with a center divider,a predestrian{ploice undercover} step off the curb on the opposite side in the croosswalk he had 2 lanes of trafficc coming before he got to the center divider,then 3 more lanes to cross to be in my lane {which was the cloest lane to the sidewalk} at 40mph there was no way I could have stop without me being pasting the crosswalk! What is the law pertaining to a situation like this? He was 10 yards away when I seen him step off the curb in the predestrian crosswalk ! No way I could have stop in time without going past the crosswalk!!! What is the law on this? Thanks,Orlando I was caught in a crosswalk sting by the Las Vegas police.Traveling on a 6 lane steet with a center divider,a predestrian{ploice undercover} step off the curb on the opposite side in the croosswalk he had 2 lanes of trafficc coming before he got to the center divider,then 3 more lanes to cross to be in my lane {which was the cloest lane to the sidewalk} at 40mph there was no way I could have stop without me being pasting the crosswalk! What is the law pertaining to a situation like this? He was 10 yards away when I seen him step off the curb in the predestrian crosswalk ! No way I could have stop in time without going past the crosswalk!!! What is the law on this? Thanks,Orlando

]]> Comment on Wall Street Journal Reports Overuse of Spine Surgery by Brian Nolan http://www.bensonbingham.com/wordpress/?p=783&cpage=1#comment-22390 Brian Nolan Fri, 29 Jul 2011 02:05:16 +0000 http://www.bensonbingham.com/wordpress/?p=783#comment-22390 I had a ruptured disc and was told to speak to a surgeon. I visited the surgeon. He told me I needed surgery. He inserted 5 spacers, 9 screws, and 2 rods. The first day I was fine after the spacers. I was told that was the hard day and the second day was easy. I woke up in the recovery screaming in pain. The anesthesiologist gave me an injection but that didn't work so they gave me two bolises of morphine. I have been in pain from that day to this. I was discharged by my surgeon because he said I made too many phone calls. I had repeatedly asked him for a new MRI. He refused. He had me on 180 mg of Oxycontin. I went to another surgeon. I begged him for an MRI. He refused. He said I was a drug addict. I had reduced to 30 mg of Oxycontin per day. I stopped pain meds that day to be taken seriosly. He prescribed Nucynta but I took Celexa. The combination can cause seratonin coma. He also refused to give me an MRI. Six months after surgery I went to a Neurologist. I described my pain and the radiating effect on my legs. He immediately ordered an MRI. The result is that two of the pedicle screws at L5 from posterior to anterior perforated the bone and likely impinge on a nerve. I might have permanent nerve damage. The pain and loss of movement is highly debilitating. Both surgeons failed to do appropriate testing that may result in permanent damage. I had a ruptured disc and was told to speak to a surgeon. I visited the surgeon. He told me I needed surgery. He inserted 5 spacers, 9 screws, and 2 rods. The first day I was fine after the spacers. I was told that was the hard day and the second day was easy. I woke up in the recovery screaming in pain. The anesthesiologist gave me an injection but that didn’t work so they gave me two bolises of morphine. I have been in pain from that day to this. I was discharged by my surgeon because he said I made too many phone calls. I had repeatedly asked him for a new MRI. He refused. He had me on 180 mg of Oxycontin. I went to another surgeon. I begged him for an MRI. He refused. He said I was a drug addict. I had reduced to 30 mg of Oxycontin per day. I stopped pain meds that day to be taken seriosly. He prescribed Nucynta but I took Celexa. The combination can cause seratonin coma. He also refused to give me an MRI. Six months after surgery I went to a Neurologist. I described my pain and the radiating effect on my legs. He immediately ordered an MRI. The result is that two of the pedicle screws at L5 from posterior to anterior perforated the bone and likely impinge on a nerve. I might have permanent nerve damage. The pain and loss of movement is highly debilitating. Both surgeons failed to do appropriate testing that may result in permanent damage.

]]> Comment on OSHA Reported a Decline in Accident Related Deaths. by OSHA Safety Training http://www.bensonbingham.com/wordpress/?p=216&cpage=1#comment-21052 OSHA Safety Training Tue, 21 Jun 2011 19:50:13 +0000 http://www.bensonbingham.com/wordpress/?p=216#comment-21052 well thats good news. OSHA course bring more awareness these days at workplaces well thats good news. OSHA course bring more awareness these days at workplaces

]]> Comment on Who is Liable in a Domestic Animal or Open Range Accident? by j. smith http://www.bensonbingham.com/wordpress/?p=28&cpage=1#comment-21033 j. smith Tue, 21 Jun 2011 00:42:39 +0000 http://bensonbingham.com/wordpress/?p=28#comment-21033 My vehicle struck a domestic horse just outside city limits of fallon, nv. both sides of the roadway are still fenced in this area. five miles further down the road there is a cattle guard and a sign stating open range. does that mean that according to nrs 568.360 the owner of the horse would be liable for damages. and where does open range in nevada begin and end. thanks for reading My vehicle struck a domestic horse just outside city limits of fallon, nv. both sides of the roadway are still fenced in this area. five miles further down the road there is a cattle guard and a sign stating open range. does that mean that according to nrs 568.360 the owner of the horse would be liable for damages. and where does open range in nevada begin and end. thanks for reading

]]> Comment on Nevada’s Lack of Dram Shop Laws Protect the Bar Establishment and Casino Resorts from ALL Liability by Mad about Las Vegas-Casears http://www.bensonbingham.com/wordpress/?p=526&cpage=1#comment-19441 Mad about Las Vegas-Casears Thu, 28 Apr 2011 15:37:38 +0000 http://www.bensonbingham.com/wordpress/?p=526#comment-19441 I was in Las Vegas over the weekend and visited the SPA in Casaer's. We asked and were told the SPA was a secrure place and that no one could get into our lockers and no signs were posted about security etc... After several hours and visits back to my locker, the last time I could not get into it and had to have an employee come and open it to find that all my jewerly was take. No only from my locker but another victim at the same time. Casears is doing nothing to help. In fact they were treating us really bad. Thre are 4 wittneses that think they saw the person of interest, but they willnot let us see the video tapes. The police showed us photos of people that has been chaught or of interest. There is a a problem there. I woudl have never taken my stuff there if I woudl have known there was a problem. My insurance is not covering all the articles and I have not been able to work, eat and sick to my stomach. Do you think I have a law-suit against them? We have alot more details... I was in Las Vegas over the weekend and visited the SPA in Casaer’s. We asked and were told the SPA was a secrure place and that no one could get into our lockers and no signs were posted about security etc… After several hours and visits back to my locker, the last time I could not get into it and had to have an employee come and open it to find that all my jewerly was take. No only from my locker but another victim at the same time. Casears is doing nothing to help. In fact they were treating us really bad. Thre are 4 wittneses that think they saw the person of interest, but they willnot let us see the video tapes. The police showed us photos of people that has been chaught or of interest. There is a a problem there. I woudl have never taken my stuff there if I woudl have known there was a problem. My insurance is not covering all the articles and I have not been able to work, eat and sick to my stomach.
Do you think I have a law-suit against them? We have alot more details…

]]> Comment on Abuses of Trust: Some Nevada Lawyers Pillage Funds Meant for Personal Injury and Wrongful Death Clients by Tweets that mention New post: Abuses of Trust: Some Nevada Lawyers Pillage Funds Meant for Personal Injury and Wrongful Death Clients -- Topsy.com http://www.bensonbingham.com/wordpress/?p=923&cpage=1#comment-16918 Tweets that mention New post: Abuses of Trust: Some Nevada Lawyers Pillage Funds Meant for Personal Injury and Wrongful Death Clients -- Topsy.com Sun, 20 Feb 2011 04:09:07 +0000 http://www.bensonbingham.com/wordpress/?p=923#comment-16918 [...] This post was mentioned on Twitter by Benson & Bingham, Benson & Bingham. Benson & Bingham said: New post: Abuses of Trust: Some Nevada Lawyers Pillage Funds Meant for Personal Injury and Wrongful Death Clients http://bit.ly/gAN28i [...] [...] This post was mentioned on Twitter by Benson & Bingham, Benson & Bingham. Benson & Bingham said: New post: Abuses of Trust: Some Nevada Lawyers Pillage Funds Meant for Personal Injury and Wrongful Death Clients http://bit.ly/gAN28i [...]

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