Las Vegas Injury & Accident Attorney Blog

Honda Motors recently announced a recall of an additional approximately 275,000 vehicles, adding to the over 600,000 previously announced for a faulty airbag issue with older model Accord, Civic, Odyssey, Pilot and Acura models. The parts being recalled were installed in 2001 – 2003 vehicles repaired by the Japanese Auto manufacturer. Contact us if you have been injured by a Honda airbag in Nevada.

When driving an automobile equipped with a driver’s-side airbag, it is important to wear a seatbelt and operate the vehicle a safe distance from the steering wheel. In an accident, an airbag can explode with a force that can break a nose, glasses or cause other serious injury. If you have been injured in a Clark County auto accident and would like representation contact Benson and Bingham today.

Benson and Bingham is one of Nevada’s leading product liability attorneys. We focus on ensuring our customers get top-tier service and satisfaction. If you or someone you know has been involved in an Las Vegas auto injury accident and need assistance with workman’s compensation, medical bills or recovering lost wages, contact us today.

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Yesterday, a 65-year old Las Vegas woman, Diana Chambers, was arrested on suspicion of Las Vegas DUI charges after striking a Nevada man, Shannon Newland, and his vehicle as he was filling the car with gasoline. The man is currently at University Medical Center being treated. If you have missed work, lost property or incurred medical costs due to a Nevada traffic accident, contact us today.

The accident, which occurred on Cheyenne Avenue near US95 has put Mr. Newland in critical but stable condition. While he is doing well and expected to recover, the Southern Nevada resident faces a difficult couple of months. He will likely miss significant work and need compensation for his damaged automobile and hospital costs. Ms. Chambers is currently being held in a Clark County jail and it is unknown how much insurance she carries.

Benson and Bingham are one of Southern Nevada’s premiere injury recovery firms. Our Nevada licensed attorneys pride ourselves on customer satisfaction and we work closely with our clients to ensure the best possible outcome for their case. Go to Bensonbingham.com today to start your case.

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National and international news outlets have picked up the widely reported story of last week’s Nevada airplane accident at the Reno Air Races, a sudden and devastating tragedy that left the public stunned even as civilians lent a helping hand to manage the chaos of the massive crash scene. The National Transportation Safety Board has issued a preliminary report of its investigators’ findings but a full analysis will take months to compile. Early reports of dozens of injuries have been confirmed, and as the body toll begins to plateau there are 11 confirmed dead (including the 74-year-old pilot) and nearly 70 individuals who were hospitalized with their Nevada personal injuries.

A Reno-area newspaper ran a story about the disclaimer on the back of each air races ticket, borrowing from Nevada personal injury lawyers and concluding that these disclaimers are not likely to meet existing standards for failure to warn. Although in a comparable case the Nevada Supreme Court held that the owners of a minor-league baseball team sufficiently warned and protected fans from errant foul balls, the heightened risk and unpredictability of the airplane races makes for a different set of legal circumstances. The current consensus of aviation experts is that the pilot erred in choosing to use a component called the “tail trim” to control the pitch of his World War II-era plane, and when the piece broke the plane jutted upward and the pilot lost consciousness and allowed the plane to crash. The debate that will play out in Nevada court rooms is whether or not the Reno Air Races or other entities bear responsibility under Nevada wrongful death law for the deaths and injuries that resulted. Should the plane have been better scrutinized for mechanical fitness? Should more strict piloting rules have prevailed?

This story has eclipsed an otherwise shocking incident in southern Nevada, this a motor vehicle accident that claimed two lives. According to reports, a driver and his navigator were killed Sunday when a tire on their 1994 Chevy Camaro blew out and the vehicle rolled multiple times and caught fire. The men were participating in a well-established legal open-road race called the Silver State Classic Challenge when they became the latest victims of the seemingly interminable threat of tire tread separation.

Nevadans celebrate a hands-off culture that generally spurns regulation in exchange for the freedom to pursue excitement in its many forms. This spirit is one of the things that makes our state unique, but it is also a contributing factor in many of the tragic accidents we see affecting our friends, family, and community members. If you or a loved one have suffered from a high-speed accident that is the result of another person or company’s negligent or defective actions, contact us today for a free consultation.

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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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“It’s Vegas, Baby.” That is a sentiment we in Southern Nevada are quite familiar with, and we’ve heard it used to justify all kinds of outlandish behavior: from tattoos and marriages to adult entertainment and water-fountain forays. But as a recent limousine injury case shows, the antics that are so celebrated on the Strip can have disastrous consequences.

A Canadian man is now a quadriplegic will spend the rest of his life in a wheelchair after a drunken stunt became an irreversible mistake. The man had rented a limo with several friends for an evening of carousing and fun; they were able to continue drinking as they traveled from one venue to the next, and the vehicle was even outfitted with a “stripper pole.” The evening came to a tragic stop when this man attempted a headstand from the pole and fell on his neck. He fractured his neck and the resulting spinal cord injury has left him unable to move below his neck.

This is not just a cautionary tale against attempting exotic dance moves in a vehicle; that lesson is too narrow to be of much use. Rather, it is a reminder that caution has to rule the day because tragedy can spring from the most unexpected of places. Consider this: in this case, the man failed to execute the move and broke his neck; he could just as easily have fallen when the limo hit a speed bump or had to stop abruptly. The tragedy stems from the activity, not from the exact circumstances.

In truth, limousine accidents are more common than one would assume. Consider the circumstances: limousines are frequently used to travel exclusively between bustling hotel-casinos and popular nightclubs and venues, which are both busy destinations along routes more likely than normal to be traveled by drunk fellow-drivers. Most patronizers of limo services take full advantage of the ability to access libations throughout the night’s travels, so the passengers are frequently drunk to various levels of incapacitation. Sometimes, the drivers themselves imbibe either on their own or at the behest of enthusiastic passengers. Thus, limos travel dangerous routes filled up with distracting passengers and sometimes driven unde the influence. This is a recipe for injury.

In this case, an arbitrator found the limousine company negligent in its duties and therefore liable for damages on the paralyzed man’s behalf. The reasoning was that the headstand accident was a logical extension of a night of constant inebriation and increasing stunts; by failing to short-circuit the night’s prior antics, the driver of the limousine in effect invited the stunt that changed all those men’s lives. If you or a loved one have been hurt in a limousine accident — whether a stripper-pole fiasco or a more common motor vehicle accident — contact us today for guidance from our experienced Nevada limo accident lawyers. We have seen these cases before and will help you put your life back together.

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The holiday shopping season is in full swing in the final month leading up to Christmas Day. This time of year always involves previews for late-year blockbuster films, the latest toys and gadgets, and promotions for new automobiles. But this year, consumers in Southern Nevada are viewing car commercials with some reservation in the wake of a series of new automobile recalls.

Nearly everyone has by now heard of the Toyota auto recall and problems with Ford vehicles and rollovers. Now, the National Highway Traffic Safety Administration is investigating more late-model vehicles for potentially unsafe defects. Some 150,000 Honda CR-Vs made for model year 2006 are being scrutinized to determine whether or not a wiring defect in the power windows may lead to fires within the door panel. Another 41,000 cars – these units of the 2007 Kia Optima – are being inspected with regard to a transmission problem. The concern is that the shift cable in the Optima’s automatic transmission might become detached, allowing the car to slip out of gear. In one instance, a vehicle exhibiting this failure rolled away while parked.

The potential threats posted by both of these defects are obvious – the consequences of a fire from faulty wiring could include serious damage to the car and even a home fire if it were garaged. A slow-growing fire, suddenly revealed, could cause a driver to panic and potentially cause a motor vehicle accident. A faulty transmission is an even more direct danger – an unreliable transmission could lead to sudden changes of speed and a runaway vehicle could cause massive amounts of personal liability in an urban area.

If you own a 2006 Honda CR-V or a 2007 Kia Optima, contact our Las Vegas automobile recall attorneys today for a free consultation. We can explain the scope of the recall and inform you of any rights you may have to compensation or correction of the defects. With offices downtown and in Summerlin, we can give you legal help when and where you need it.

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It happens every year — the first major snow storm leaves the roads slick and slushy, and motorists drive as if they’ve never encountered snow before. Oh — if this sounds odd to our Las Vegas readers, bear in mind that this phenomenon does not occur often in Nevada anywhere south of Tonopah. But with Thanksgiving travel commencing tomorrow, even drivers in Southern Nevada need to be prepared for wintry driving.

Inclement weather is a major cause of Nevada motor vehicle accidents. It is so easy to forget the physics of driving — we drive multi-ton, metal boxes to the grocery store every day, rain or shine. But when you have only tenths of a second to react, the conditions of the road make all the difference. When the roads are icy, many drivers fail to increase their following distance and the result is a massive increase in automobile rear-end collisions. A tip for our readers: when the driver behind you is following too closely, increase your following distance of the car in front of you. This will allow you to brake more slowly in an emergency and compensate for the fact that the driver following you is abdicating his responsibilities.

But it is not just driver error that leads to bad-weather accidents. Hundreds of drivers are hurt every year when car tires malfunction, leading to unpredictable and often uncontrollable movement of the vehicle. Tire-tread separation can lead to devastating crashes, but even a routine flat tire — combined with a slick road — can be a serious hazard. Other forms of mechanical failure can increase the risk of an accident. Many late-model Toyota vehicles sold in Clark County were subjected to a recall last year as a result of uncontrollable acceleration.

We wish all of our readers in the Las Vegas area safe and happy holidays. If anything goes awry during your travels, please contact us once you return for a free consultation and advice on what to do next.

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Travel experts are predicting an even busier, frenzied, and dangerous week on the highways this Thanksgiving than in recent years. The Wednesday preceding Thanksgiving Day has been the busiest travel day of the year for a long time now, with more than 40 million Americans taking to the roads and the skies to spend the holiday with family. The rush may be even fiercer this year due to changes in the airline industry, making Las Vegas roads more crowded and increasing the likelihood of Southern Nevada automobile accidents.

Heightened security measures have been put in place by the Transportation Security Administration in recent weeks, leading to a massive outcry from travelers. Since 9/11 Americans have gotten used to longer lines and more extensive security screenings, but the most recent development has crossed a line for many travelers. Airline passengers are now being asked to submit to body scanning by devices similar to x-rays that can detect even heavily disguised items that could pose a security threat. Objections have centered around the devices’ ability to see and record the outlines of passengers’ intimate anatomy. The alternative to the scanners is a thorough physical inspection or “pat-down.” Travelers are reluctant to fly due to these policies, and some have even organized an effort to demand the more time-intensive physical inspections as a form of protest. This repulsion from air travel combined with a recovering economy means that more drivers will be on the roads this Thanksgiving.

The more cars on the road during this busy time of year, the more motor vehicle accidents will occur. Thanksgiving travel brings with it all the elements that increase the risk of car wrecks: crowded highways, winter weather, longer average trips, and more motorists on the road who do not often drive. Add to this the prevalence of in-car DVD players, GPS systems, cell phones, and the usual distractions of family travel, and the prevalence of distracted driving also increases along with overall risk of automobile accidents.

As thousands of Clark County families take to the road in the coming days, we wish them all safe and happy holidays. We firmly believe that each person can play a role in reducing highway accidents. Let’s all make a pledge to trust navigation, disk jockeying, and behavior management to our co-pilots and focus on the road. Improving highway safety is something we really can achieve if we give it the focus it deserves. In the event that you or a loved one is involved in an car accident in Clark County this coming holiday weekend, please call us right away for a free consultation.

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No amount of TV dramas, third-party stories, or personal reflection can prepare a person for the loss of a loved one. The days and weeks following a personal tragedy are often flooded with memories and sudden longing for the mundane markings of that lost person’s presence. When you lose a loved one to an accident or some other tragedy, you should talk with a Nevada wrongful death attorney to find out if you may be eligible for a settlement.

Several wrongful death lawsuits from across the country are currently pending. The parents of a young man who died of alcohol poisoning related to the activities of his college fraternity have sued the frat for encouraging dangerous alcohol consumption and for failing to appropriately monitor their son when he was incapacitated. In another case, the mother of a 20-year-old man is seeking damages after her son was killed when a friend’s truck flipped in a rollover accident. And a widow is asking for compensation after her husband was struck on his bicycle and killed when a driver failed to see him as she made a turn in her SUV.

Wrongful death suits, contrary to common misconception, are not an attempt to “price” your lost husband, child, or parent. No amount of money can bring that person back or restore you wholly to the person you were before you lost him or her. Rather, wrongful death suits are intended to recover funds sufficient to help restore you financially when the person’s death could reasonably have been prevented.

Common expenditures for wrongful-death settlement money include psychotherapy; prescription medications; and credit card bills, mortgages, or other major debts. Payments for pain and suffering are intended to offset the emotional loss. For many widows and widowers, losing a spouse means losing an emotional anchor and a financial partner or provider. Survivor benefits can help restore this loss. If you would like to learn more about seeking wrongful death benefits after a motor vehicle accident or other family tragedy, call us for a free consultation.

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According to data from the National Highway Transportation Safety Administration, Nevada’s number of motorcyclist fatalities fell 29 percent from 2008 to 2009. Data from 2003 show that Nevada motor vehicle accidents as a whole resulting in fatalities numbered 50 percent greater than the national median, but by 2009 this rate had fallen 25 percent and Nevada was only one-fifth above the national level. Have we succeeded then? Are Nevada drivers as safe as they need to be? Can we be worry-free on our Harleys?

Not quite, many say. The Governors Highway Safety Association released a report earlier this year which noted the first national decline in motorcycle fatalities in nearly 20 years. Despite media enthusiasm for the figures the Association made several caveats, including observations that a slumping economy and bad weather may have kept motorcycle drivers off the road. In other words: with motorcycle fatalities down but miles driven also likely diminished, the jury is still out as to whether or not Nevada motorcycle drivers need to drive with more caution.

As our vehicles become more gadget-oriented, distracted driving is rising as a new threat to automobile safety. Another issue to monitor is how advances in medical science are allowing older adults to continue driving well into their eighth and ninth decades. These phenomena are potential threats for all drivers, but especially for motorcyclists who lack seat belts, air bags, roll cages, crumple zones, and the host of safety features that have dampened the damage of motor vehicle accidents over recent decades. As a motorcyclist, caution is your best defense.

If you or a loved one have been involved in a Nevada motorcycle crash or motorcycle accident, call us today for a free consultation before you talk to your insurance company. We have two offices — downtown and in Summerlin — to serve you, and we can also send one of our experienced motorcycle personal injury lawyers to visit you in the hospital.

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