Las Vegas Injury & Accident Attorney Blog

The following is the summary arbitration award issued by the District Court of Clark County, Nevada between a client of Benson & Bingham and the Bellagio Hotel, a Nevada hotel located on the Las Vegas strip:

Case No. A-12-663353-C Dept. No X

Plaintiff, v. Bellagio, LLC dba Bellagio, a Nevada Domestic Limited Liability Company; The Light Group, LLC dba The Bank Nightclub at Bellagio, a Nevada Domestic Limited Liability Company; Does 1 through 10; and Roe Business Entities 1 through 10 inclusive,

The arbitration in the above-entitled matter was held March 11, 2013.  Having considered (1) the pre-hearing statements of the parties; (2) the testimony of the witnesses; (3) the exhibits offered for consideration; (4) the arguments on behalf of the parties; and based upon the evidence presented at the arbitration hearing, I hereby find in favor of the plaintiff, XXX XXXXX, and against the defendants, Bellagio, LLC dba Bellagio a Nevada Domestic Limited Liability Company; the Light Group, LLC dba The Bank Nightclub at Bellagio, a Nevada Domestic Limited Liability Company, and award the plaintiff as follows:  Special damages for medical expenses of $8,086.16; future medical expenses of $6,000; and general damages for pain and suffering of $8,000 for a total award of $22,086.16.

Plaintiff’s attorney is placed on notice that pursuant to NAR 17, application for attorney’s feeds, costs and/or interest puruant to statue or rule must be filed with the arbitrator and served upon the other parties within five days after service of this award.  Failure ot make timely application shall act as a jurisdictional waiver of any right to fees, costts or interst.

The arbitrator’s fee must be paid equally by the parties within 10 days of receipt of the arbitrator’s bill, purusant to Nevada Arbitration Rule 24 (c).

Dated this 23rd day of March, 2013,

William E. Freedman, CHTD.
Nevada Bar #110
411 South Sixth Street
Las Vegas, Nevada 89101
Arbitrator

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Benson & Bingham has represented numerous clients who have suffered injury from eating tainted foods or foods that have a foreign substance inside, such as a rock inside a burrito.

Food poisoning can happen when you least expect it, even from a trusted source such as CostCo.    The latest threat of food poisoning known  is from smoked salmon tainted with salmonella that has sickened hundreds of people in the Netherlands.  This has sparked major recalls there and in the U.S.   If you or anyone you know has become sick with salmonella poisoning from this smoked salmon distributed by CostCo, please call us immediately.

Whether or not you have medical insurance, we will make sure that you are treated properly for these symptoms by an experienced physician who is accustomed to treating salmonella.

Please call us immediately at Benson & Bingham because immediate treatment may reduce your symptoms:  702-382-9797.  We will make sure that you or your loved one receives the maximum recovery for this devastating situation.

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Yet another Las Vegas pedestrian accident has resulted in another pedestrian death.  On Saturday evening, around 11:20 PM a Las Vegas man, 44, attempted to cross Tropicana Ave near Rainbow Blvd. Walking outside of a cross walk, the man was hit by 18-year old Melissa Medina, driving. Ms. Medina was driving a Ford Explorer. The young woman remained at the accident scene until police arrived. The 44-year old man was pronounced dead at University Medical Center. The death represents the 79^th traffic fatality in Las Vegas this year. If you have lost a relative to a Clark County pedestrian crash, Benson and Bingham can help you to recover financially from the tragedy.

This latest death is yet another in Clark County’s 2012 string of deadly pedestrian accidents in Clark County. The death toll, now over 60 in 2012, has grown to such proportions due to a number of factors. The pedestrian who was killed on Saturday was not crossing in a cross walk, late at night. Tropicana Ave is a six-lane road with a 45 mph speed limit. Finally, the man was struck by a teen driver, and teen drivers are known to be less careful and less capable of responding to unexpected road obstacles. Southern Nevada pedestrian deaths can cause significant financial hardship on surviving family members, The Las Vegas personal injury attorneys at Benson and Bingham have significant experience going toe to toe with car insurance companies. Do not negotiate with insurance companies on your own and hire legal representation to ensure you are made financially whole from a catastrophic pedestrian death.

The personal injury law firm Benson and Bingham is one of Las Vegas leading firms. Our attorneys have significant experience representing those hurt in Las Vegas car accidents, casino slip and fall cases and even Southern Nevada defective product injuries.

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In the United States, there are over 500,000 trucking accidents that happen every year. Of these, around 5,000 trucking accidents result in fatalities. Moreover, 18-wheeler trucking accidents account for one of every eight traffic deaths. Because of the high profile, weight, and length of a semi-truck, 18-wheeler accidents in Nevada can cause serious injuries including:

• Burns, exposure to hazardous cargo
• Laceration, broken bones
• Spinal cord injury and severe back trauma
• Traumatic brain injury
• Death

With three major highways surrounding the Las Vegas valley, there are countless 18-wheelers that travel around our city. Of the many reasons that 18-wheelers can pose a threat to our highways some include failure to properly to accommodate blind spots, brake failure, exhaustion or fatigue on the part of the driver, and/or excessive speed and failure to follow rules of the road.

Devastating truck accidents in Nevada often give rise to legal claims for wrongful death or long-term medical compensation for catastrophic injuries. Because the majority of Nevada truck accidents involve vehicles that are traveling from outside of the state, it is pertinent to acquire legal assistance and guidance to help resolve jurisdictional issues that can complicate the case, and involve laws other than laws on Nevada multiple vehicle accidents. At times such accidents raise issues of inter-state travel and commerce that are dealt with at the federal level. 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.

At Benson and Bingham, we understand the emotional damage and trauma associated with such large-scale accidents. Our top priority is client care and satisfaction, and we want to help get you through such a traumatic experience. If you or a loved one have sustained injuries due to an 18-wheeler related accident, contact Benson and Bingham to receive a free consultation today:  702-382-9797

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The Electric Daisy Carnival once again entered the Vegas Valley with partygoers eager to enjoy the festivities of the Las Vegas Speedway.  All three days were successful from an accident standpoint with exception of the final night where a person was hit in critical condition and taken to UMC.  The pedestrian was hit at proximately 4:30am as he exited the Las Vegas Motor Speedway. This is the second major pedestrian accident in Las Vegas this weekend involving an elderly driver and a pedestrian.  On Saturday, a pedestrian was killed as he was heading with his wife to a garage sale.  There, and elderly driver for unknown reasons smashed his vehicle into the sidewalk killing the man while his wife watched in horror.  Speculation has surfaced that perhaps a medical condition was to blame for the episode, but the investigation is continuing.

Benson & Bingham will continue to monitor both accidents.  Unless a commercial policy of insurance is available, and that is unlikely, the financial recovery is not going to be very good.  Hopefully, the 31-year-old Florida man hit at the EDC has health insurance coverage to take care of his medical expenses as the 67-year-old who hit him probably does not carry adequate coverage for the damages caused.  “If jaywalking was the to blame, then all bets are off; however, if the victim was hit due to a non-orderly exist then the promoter of the event, Insomniac Productions, may have some blame.   Under Nevada’s joint and several liability laws, if Insomniac was 1% at fault then the guest could collect 100% of his damages from the production company.  The general facts will be telling about the possibility of other liability holders.

“Obviously blood alcohol and possible drug intoxication will be paramount in the investigation.”  Stated Mr. Joseph L. Benson II, Esq. 702-382-9797.

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Benson and Bingham is one of the leading law firms in Nevada that specialize in tire failure cases.  Tire treads can separate from tire shell causing a rollover event.   Joseph Benson’s first tire tread case involved a horrific rollover of a Ford Ranger near the I-15 and Primm Nevada interchanges.  That involved a loving wife who lost her life in a preventable tragedy.

Tire failures and tire tread separations are horrible and unexpected accidents that leave drivers no option but to react to what the vehicle lets you do.   “Automobiles were designed with four wheels, and when a tire separates the vehicle is  left out of balance and uncontrollable.  The yawing and uncontrolled steering leaves the driver powerless to control the vehicle.”  Tire tread cases should be quickly investigated to preserve the remains of the automobile and the tires.  All tires must be preserved, not just the subject faulty tire.”

Our firm completes a full investigation and we store all the evidence for our tire experts.  It is important that the scene is inspected promptly by our accident reconstruction team as we do not like to rely on the highway patrol investigation entirely.  Important facts are often overlooked including tire shreds, paint marks, yaw marks in the desert.  Over time these facts become erased, and can provide important facts on the rollover event, the speed of the vehicles and when the tire became separated or punctured. Tire companies are quick to defend these cases eager to blame the driver, age of the tire, and attempt to prove a road hazard caused the defect in the tire.

Mr. Benson’s most recent rollover case occurred when Nevada residents, on there way to Senora Mexico, rolled their Sport Utility Vehicle.   Two occupants died and two other victims were critically injured in the car accident.

If you will would like a free consultation regarding a tire failure case, contact our tire tread attorneys; with offices in Las Vegas and affiliations in Utah, Arizona and California, Benson & Bingham have a proven track record with defective tire cases in the Southwestern United States.

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December 14, 2011 in Midtown, New York an advertising executive was killed when she stepped onto a malfunctioning elevator that lurched up when she stepped in prior to the doors closing. This caused her body to wedge between the floor of the elevator and door entrance frame. Last year in New York alone, there were 53 accidents with 3 fatalities. This sudden surge by the elevator crushed her body, and the investigation continues. It is believed the elevator was old and many violations were issued in recent years.

Las Vegas continues to have major modern fleet of elevators given the new construction, however the elevators are not immune to problems especially in the older hotels and casinos. Benson & Bingham is a Nevada leader in elevator accidents.

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A Las Vegas couple that was injured when a teenage girl crashed her half ton pick-up truck helped present their case at a National Transportation Safety Conference in Washington DC.  The couple had driven to Tropicana street to help a friend whose vehicle had broken down and upon exiting their vehicle were struck by the teenager who was both on the phone and adjusting her radio.

Distracted driving in Nevada, whether it be texting, fumbling with the radio, fixing make-up or using a cell phone, is increasing cited as causes of accidents not only in Las Vegas but the rest of the United States.  In fact, distracted driving was sited for 63 fatalities in the State of Nevada over the past five years, a figure that is more then likely far greater due to the difficulty to prove the  distraction.   Furthermore, the National Highway Traffic Safety Administration pens the numbers at a much larger clip.  The Las Vegas Review Journal quotes the agency as:  “According to the National Highway Traffic Safety Administration, distracted-driving related crashes caused nearly 5,500 deaths and 450,000 injuries last year.”

While over 30 states have banned the practices of texting and 8 others driving or talking on cell phones without adequate hands-free attachments, the State of Nevada is not on the list.  The Nevada Senate passed a law that would have banned texting in their last session, however the bill was killed in Assembly.  Another bill that would have banned the use of cell phones or PDA’s by drivers 18 years of age or younger was also not passed.  Nevada legislatures continue to try pass further law outlawing such practices, however a broader support needs to be shown on both the political and local levels in order to get a grip on this epidemic of vehicle accidents in Nevada.

As for couple that were struck by the distracted teenage girl?  Their lives will never be the same after going through brain injury surgery and dozens of other neck, arm, elbow, liver, spleen, pelvis and rib surgeries.  If you or a loved one has been injured do to a Nevada drivers’ distracted driving, contact a legal firm that understands the plights of these practice, contact Benson & Bingham:  702-382-9797.

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A North Las Vegas pedestrian was struck and killed by an automobile today on the corner of Berg and Craig.  The victims is believed to be a teenager or young adult, was crossing the crosswalk when he was struck by a car that had ignored a red light.  There where no skid marks on the scene, which lead investigators to believe the driver had not seen the light, nor victim.  This was the sixth fatality accident in North Las Vegas in 2010, and unfortunately won’t be the last.

Today, drivers are frequently distracted by host of modern day technologies, such as cell phones, pagers, texting, ipods, as well as many older distractions such as putting on make-up, reading the paper, or just fiddling with the seat or radio dials.  Unfortunately, pedestrians are the ones that often pay the price, and in the incidence the price was death.

It is unknown if the driver of the vehicle, a 29 year old women, was under the influence of alcohol or drugs during the accident in Las Vegas as toxicology reports were yet to be concluded.  While DUI accidents are often rightly blamed for pedestrian accidents in Nevada, there is a newer bread of factors that are creating accidents on Clark County roadways.  In fact, a recent study showed that more vehicle fatalities are caused by non-alcohol or drug related distractions, such as texting or talking on the phone.  Benson & Bingham has been a strong proponent of regulating such distractions in an attempt to keep Nevada roadways safe, however accidents do happen and injuries are sustained.  If you or a loved one has been a victim of an accident, contact the experts that care for a compassionate and thorough analysis of the event.  Contact Benson & Bingham:  702-382-9797.

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