Accidents are caused by many things but head-on collisions have their own common reasons.
Some of them are the same as other accidents and some specific to head-on collisions.
Distracted driving- Not paying attention to driving while driving is distracted driving. You are focusing on anything else other than driving for example texting is the number one distracted driving reason for a head on collision. Other forms of distracted driving include, eating, personal hygiene, talking on the phone, playing with the instruments in the car like the radio. When you drive distracted, if you realize you’re distracted it’s too late.
Drowsy Driving- Drowsy or fatigued driving decreases the drivers ability to react to the driving conditions around them. In some cases drowsy drivers become sleepy drivers and simply fall asleep. This happens when people drive for long periods of time without rest like driving across the country or maybe they are working different shifts at work and haven’t adjusted to the new time schedule. Drowsy driving can lead to head-on collisions when drowsy drivers drift into another lane or fail to react to road conditions or traffic conditions.
Drunk Driving- Drunk driving is a leading cause of all accidents and drunk driving is never condoned. Always take an Uber or Lyft when drinking is involved this will avoid any collisions including head on collisions. Drunk driving diminishes a drivers ability to concentrate, slows reaction time, and impairs decision making that lead to an accident. Drunk driving leads to many fatalities and most of the time the drunk driver survives and the innocent victims are the ones who suffer the severe injuries or death.
Speeding- Speeding is a leading cause of alot of accidents including a lot of head-on collisions due to the driver losing control of the car while speeding. Recently there has also been a rise in street speed racing where innocent victims are put in harms way by street racing drivers at high rates of speed that can kill an innocent driver on the street in a second. Many red light and stop sign accidents are caused by speeding.
Hazardous Conditions- Sometimes accidents and head-on collisions are caused not by a person but by conditions that can’t be controlled. Inclement weather like snow, heavy rain, heavy fog, or hail are some examples of hazardous conditions that no one can control. Other examples that a driver can’t control is poorly lighted or maintained roads are another example of hazardous conditions that might lead to a head-on collision. Drivers fail to adjust to the conditions thus causing an accident.
Vehicle or part defects-Vehicles are made and maintained by humans and therefore are subject to human error. Sometimes head-on collisions are caused by vehicle or part defects created by the manufacturer. Or maybe they are commercial vehicles that have not been maintained properly and shouldn’t be on the road in the first place. A driver might lose control of a vehicle after a tire blowout. Break failure is another example that can cause a head-on collision when the driver is unable to stop to avoid an accident. This is common with Amazon and UPS truck crashes.
All these scenarios are very scary realities for victims of head-on collisions but there is hope.
Sadly we hear about these type of car accidents all too often.
Call Nevada’s biggest personal injury firm today, we will fight for our clients to get the largest settlement available by law.
After you’ve been involved in an auto accident there are so many things to consider and take care of.
Most important of course is your health and well being and you should always seek medical attention right away even if you don’t think you’ve been hurt.
After that there are things like getting a rental car to get to and from since your car may be getting repaired, or if the accident was bad enough your car may have been a total loss.
When this happens and you need your car repaired or replaced after an accident, who is the responsible party and who actually pays for your auto repairs or replacement?
This can become a difficult situation after an accident since even figuring out who is at fault can be difficult.
In some cases the insurance companies will accept the fault of their driver and pay the repairs.
However in other cases they may deny the claim and try not to pay for the victims repairs.
Also what do you do if you are hit by a driver that doesn’t have any insurance or doesn’t have a valid license even though it is against the law to not have insurance or drive on the suspended or revoked list?
Hiring an attorney after an accident is the best way to ensure that your car repairs or replacement is paid for by the right person or company such as the insurance company of the driver at fault.
Who’s Responsible to Pay for Repairs After a Car Crash
The easiest way to get your car repaired after an accident is to file a claim with your insurance company if you have purchased the optional collision insurance.
Your insurance company must pay for the repairs regardless of who is at fault.
If it is determined later that it was not your fault and your insurance has already paid for the repairs then your insurance company will try and get a reimbursement from the other party’s insurance but your car will have already been repaired.
If you did not purchase the optional collision insurance then there still might be several options for getting your car repaired after an accident.
If the other party involved in the accident has liability insurance ( a law in Nevada ) then you can pay for the repairs and try to get reimbursed from the other party’s insurance company or the other party themselves.
You can also wait until the case is settled with all parties to have your car repaired but this is unlikely a good scenario.
You can also try and just get some sort of settlement for the property damage of the car to get it repaired immediately and leave the rest of the damages to like medical bills to be settled at a later date.
These are the scenarios available if the other party has insurance but what happens if the other person doesn’t have insurance ?
If the other driver doesn’t have insurance you have two options to get your car repaired.
Sue the other party personally
If you have uninsured motorist insurance you can get reimbursed for your car repairs from your insurance company under these conditions
What if Repairs Cost More Than the Estimate
When you get an estimate for repairs after an accident it usually includes all damage to your vehicle.
There are thousands of restaurants in Las Vegas, some of the best restaurants in the country are located on the Strip in some of the more luxury hotels.
But regardless of where the restaurants are with the amount of people that pass through them there are bound to be accidents and injuries regardless of where you choose to eat.
Most people gather at restaurants with their family or friends for a night out, or maybe a business meeting before a convention in Vegas.
Most of us don’t ever think they might be injured in an accident at a Las Vegas restaurant, but it happens more commonly than you might think.
Sometimes it’s just an accident but other times it can be negligence on the part of the restaurant that causes the accident.
Experiences at restaurants should be an enjoyable day out not something that ends up with a hospital visit.
What’s a Restaurant’s Duty to its Customers
Like all businesses restaurants have a duty to its customers to provide a safe environment including parking and exterior areas.
Restaurants must provide a safe environment for all patrons of the establishment and any other people that come in and out of the restaurants including suppliers.
A safe environment means:
That the restaurant meets all health and safety codes for the county in which the establishment exists. In Las Vegas that is the Clark County Health Department, they perform inspections on all food establishments on a regular basis. All restaurants must maintain a grade of A to avoid fines and even shutdowns.
Any restaurant that serves alcohol must meet Nevada’s ABC laws. All staff must be trained and receive an alcohol awareness card through a program called TAM. All staff is to serve alcohol responsibly to patrons and to serve drinks using the proper techniques.
Restaurants must maintain a safe and clean environment and all equipment and furniture must be in good working condition. All broken items must be removed or repaired. All floor areas should be clean and dry to avoid a slip and fall accident.
All lighting in and around the restaurant must be in working order to maintain safety.
These are the basic safety obligations of any restaurant establishment in Nevada.
If a restaurant fails to provide any of these safety issues they may be violating their duty to their customers and suppliers.
The Richard Harris Law Firm has 40 years of experience dealing with injury victims and restaurants, call us today.
Can I File a Lawsuit Against Nevada Restaurant
The simple answer is yes you can file a claim against a restaurant if you were injured due to their negligence or an accident occurs.
On a few occasions you may not be able to file a claim.
For example, if another patron gets into a fight with you and the restaurant does its due diligence by calling the police and trying to break up the fight than you can file a claim against the other patron.
But in this instance you can’t sue the restaurant since the establishment would have no prior knowledge of how another person would act and did attempt to stop it.
However, if the restaurant did nothing and a fight continued and you were injured you might be able to file a claim since the restaurant did nothing after the fight started.
Another example where you might not be sure you can file a claim against a restaurant is when you may be partially to blame for the incident.
In Nevada we have a comparative negligence shared fault law, this law states that a person may be eligible to recover damages if the other party is at least 50% at fault.
Richard Harris Law Firm Can Help if You’ve Been Injured
The damages you can recover will be reduced by the percentage that you were at fault.
So if you were drunk and you start a fight with another patron and you are injured but the restaurant does nothing to stop or intervene in the fight then you may file a claim against the restaurant for not intervening in the incident.
But the court may hold you accountable for starting the fight.
If you are held 30% percent responsible for being drunk and starting the fight then your award for damages will be reduced by 30%.
Food poisoning is a specific problem in restaurants.
While it doesn’t happen very often when it does it can be a huge problem for restaurants and especially restaurants in hotels on the strip.
You see, food poisoning can make many people sick at one time.
There are many ways to get food poisoning and many ways in which it is transmitted to the guests.
But at the end of the day who is ultimately responsible for food poisoning of the guests?
This can be confusing and sometimes difficult to prove, but you can call our premise liability lawyers at Richard Harris Law Office.
If you ate a food item at a restaurant and become ill and end up at the hospital you might initially think that the restaurant or hotel is the responsible party?
In reality it may be the manufacturer or the transporter of the food item that causes the item to make you sick.
Food recalls from manufacturers are common in the US and most people don’t know much about them.
So if you get sick at a Las Vegas restaurant you may be able to file a claim against the manufacturer or supplier of a food item and not just the restaurant.
Common Injuries at a Restaurant
There are a few accidents or injuries that are common at all restaurants:
Slip and falls- wet floors or debris in common walkways are the most common reasons for slip and fall accidents at restaurants
Food poisoning- as previously discussed this doesn’t happen often but it does happen
Burns- most burns occur to the staff and not the patrons
Ingesting foreign objects- some packages contain foreign objects like glass or plastic
Some of these injuries don’t sound that bad or may seem like they are not a big deal, but these injuries can result in serious medical issues and in certain cases can cause death.
Who Can I Sue if I’m Injured in a Restaurant
When you file a personal injury lawsuit there can be different people that might have some liability for your injuries.
This may involve individuals or companies, along with mutliple restaurant staff.
Waiter / Bartender
What Damages Can I Get In a claim Against Nevada Restaurant
If you have been injured or got food poisoning at a restaurant in Nevada you can recover damages for the following items:
Payment of medical bills- This includes all medical expenses including any future medical expenses that you may occur
Lost Wages- This includes any wages you lost due to not being able to work after an accident at a restaurant. This can even include future lost wages for ongoing medical treatment
Pain and Suffering- This is a percentage based on how much pain was caused to you by the accident or negligence
Punitive damages- These damages are given by the court and basically they are to punish the defendant in the case. So if the restaurant was 100% negligent and caused your injury the court or jury may impose punitive damages to punish the establishment for their actions. Sometimes these damages can be extremely high amounts.
Riding a bike is a pastime or maybe an actual way to get around for a lot of people especially in places like Nevada where the weather is warm most of the time.
Since gas prices have soared many people are turning to bikes as a way to get around.
But there are some risks that come with riding a bike and some laws that most people don’t even know exists.
But paying attention to the traffic laws and bike laws can mean the difference between having an accident or getting a citation.
Since many people talk to the roads on bikes these days we should all know the laws and and the rules of the road for the safety of all bikers as well as the relationship between automobiles and bikes.
There are several basic laws that Nevada residents should be aware of before venturing out on your bike:
All bicyclists are required to follow Nevada traffic laws. Even though Nevada does not consider them vehicle because they are powered by humans bicycle riders are required to follow the same traffic laws as motor vehicles
There is no helmet law in Nevada. Nevada requires motorcyclists to wear a helmet but not bicyclists. The National Highway Traffic Safety Administration strongly encourages all bikers to wear helmets.
Cyclists are required to have one hand on the handlebars at all times. You can carry your belongings on your bike as long as one hand remains on the handlebars. So using a backpack or basket is encouraged.
Cyclists are required to travel on the far right side of the road. This is the rule unless it won’t be safe, you are turning left on your bike, or you are traveling at the same speed as traffic.
You are not required to travel in the bike lane but it is suggested that when available you should use the bike lane. Only two cyclists should ride next to each other at a time.
Bikers should riddle on the road and in the bike lane and not on the sidewalk. Even though there are no state laws prohibiting riding on the sidewalk there are areas where there are city ordinances for example on the Strip you cannot ride on the sidewalk and may receive a ticket for doing so.
Bicyclists are required to ride with the traffic flow and prohibited from riding against the traffic in Nevada.
These are the basic bicycle laws and rules of the road in Nevada.
By following these rules you may prevent a bike accident that could end up with injuries or even worse.
Common Bicycle Accidents
Bike accidents only account for a small portion of traffic accidents in Nevada but they can be devastating mostly for the bike rider.
Since it is usually bike against car the bike rider usually suffers the most significant injuries or even death.
Everyone is seeing increased accidents involving bicyclists as we get back to normal and gas prices are on the rise.
Some common accidents are:
Bike versus car- This is the most common bike accident where a bike or motorcycle has an accident involving a car or other automobile. These accidents occur for many reasons including speeding, drunk driving, cyclists not visible to the driver of the car. These accidents are the most dangerous and can end in severe injury or even death.
Bike rider hits something- This is when a bike rider runs over an object or runs into a bad road causing the rider to lose balance and fall over the handlebars or off the bike. Some common things bikers run into are potholes, cracked or uneven pavement, debris thrown from cars. These accidents can cause serious injury including broken bones , back of neck neck injuries. These accidents can be prevented if towns would fill their potholes and cracked pavement.
One biker hits another- We see them all the time on the road large groups of bikers riding together in packs and sometimes they run into each other causing a bike crash. Depending on the speed of the bike and the size these crashes can cause serious injury as well and may be caused by negligence on the part of the other biker by not paying attention or obeying the rules of the road.
Bike accidents like other accidents can cause serious injury or death – If you have been injured in an accident on a bike you should get medical attention immediately and contact an attorney before you speak to any insurance company representative. Call The Richard Harris Law Firm for a free consultation. After a bike accident the only thing you need to worry about is getting well. We can handle the rest.
Driving Under the Influence on a Bike in Nevada
In some states riding a bike under the influence of drugs or alcohol is the same as drunk driving a vehicle but not in Nevada.
In Nevada it is considered a gross misdemeanor or reckless endangerment and is punishable by up to a $2000 fine and 364 days in jail.
However if a bike rider under the influence injures someone that causes severe injury to another while under the influence it can be considered a category C felony in Nevada.
The sentence can be up to 5 years in jail and a fine of up to $10,000.
No one should ever drive or ride under the influence of drugs or alcohol.
If you have been injured in a bike accident, like other accidents you have the right to recover damages you suffered because of the negligence of another or because they failed to obey the rules of the road or the laws.
We will get you the maximum settlement allowed by law.
We take no money up front, that means we work on a contingency basis and only take fees after we have won your case.
You should always call a personal injury attorney before you speak to anyone from an insurance company or business.
We will take those calls for you or guide you through them.
Since in some cases insurance companies will try to deny a claim for injury or pay as little as possible to make the claim go away.
Time is of the essence in personal injury claims so hiring an attorney right away is important.
In Nevada you only have 2 years from the date of the accident to file a claim or if in the case of a death due to an accident the day the person passed away.
Since cases take time to get through the court system you should not hesitate contacting a lawyer.
The Richard Harris Law Firm offers free case reviews or consultations.
We will tell you whether or not you have a case or not.
Legal fees and navigating the legal system is not something you should be worrying about after an accident.
Your only job should be to get well and recover so we can handle the rest.
Pedestrian Accidents and Injuries in a Crosswalk We use crosswalks everyday but do you really understand the laws and the reasons behind them? Crosswalks exist to move pedestrian traffic safely on heavily traveled roads,…
However, even if they violate the traffic laws vehicles must yield to avoid an accident.
So basically pedestrians in a crosswalk, marked or not, have the right of way and it is the driver’s responsibility to yield or stop to that person whether or not they are obeying the traffic laws.
Even if the pedestrian is somewhat at fault by disobeying the traffic rules, a pedestrian hit by a car in an intersection or crosswalk can file a personal injury claim against the driver.
On the other hand the driver who hits a pedestrian who is at fault can file a Nevada pedestrian knockdown lawsuit since the pedestrian caused the accident.
What is a Crosswalk or Intersection in Nevada
All intersections in Nevada are considered crosswalks or intersections even if they are not marked.
Marked crosswalks consist of traffic signals and walk signals for pedestrians.
Also they have painted white or yellow lines that actually mark where people can walk.
Unmarked crosswalks are also called implied crosswalks because they are unmarked but at the end of a road or sidewalk.
The same laws apply for implied crosswalks as well as regular crosswalks.
Some crosswalks exist in the middle of the road and not at an intersection, these are to keep high traffic areas moving.
These middle intersections are always clearly marked so cars have to stop in the middle of the road.
Pedestrian Laws For Crosswalks in Nevada
Even though pedestrians have the right of way at all intersections there are a few laws that they must obey.
Pedestrians may not just dart into the intersection when a car oncoming is so close that it will cause an accident. For example if the driver has the light and is turning on the green a runner can’t run across the intersection because they don’t want to stop since this could cause a car to hit the runner.
If you are already in the crosswalk when the “Don’t Walk” sign comes on you can continue through the crosswalk. However if you just got to the curb you cannot start to cross after the don’t walk sign comes on.
Pedestrians must stay to the right in the crosswalk whenever possible
Pedestrians may not cross the intersection diagonally unless the intersection is marked for that traffic pattern.
Pedestrians who cross the street outside a marked crosswalk must yield to oncoming traffic and in this situation vehicles have the right of way outside marked or unmarked crosswalks.
Pedestrians who enter a roadway outside of a crosswalk are guilty of the crime of jaywalking and can be issued a citation. Jaywalking citations are usually only given at busy intersections in busy cities like Las Vegas.
It is a misdemeanor for pedestrians to walk on a road when a sidewalk is available. To stand in a road to hitchhike or panhandle. To be out on the road under the influence of drugs or alcohol.
Laws for Drivers at Crosswalks in Nevada
The laws for drivers in Nevada at crosswalks or intersections are very simple.
Drivers must yield to all pedestrians at marked or unmarked crosswalks.
All drivers including automobile, motorcyclists, or motorbike drivers are to come to a yield that equals almost a stop when pedestrians are crossing the intersection.
They must treat the crosswalk like a stop sign.
Even if the pedestrian is crossing illegally, drivers are required to use caution to avoid an accident.
Drivers are guilty of a misdemeanor when failing to yield to a pedestrian.
As a side note, blind pedestrians always have the right of way and drivers are required to yield or stop for them when they enter the intersection no matter what.
Can I File a Lawsuit for a Crosswalk Collision
Being hit by a car is no small matter no matter who is at fault.
However in Nevada the driver has the responsibility to yield to pedestrians at all times.
If you were hit by a car at an intersection or crosswalk you may be able to file a claim against the driver for negligence.
This is also called reckless driving.
If the driver of the vehicle was at work (Fed Ex, UPS, Amazon, Lyft) or using a work vehicle when you were hit you may be able to file a claim against the driver’s employer.
If the person hit by the car passes away then the estate or the family of the victim can file a wrongful death suit against the driver or business involved in the crash.
File Amazon Workers Compensation Claim In the beginning Amazon just sold books online, can you believe that, just books out of a garage. But since then Amazon has become the world's largest shipping company…
Pain and suffering- this is based on the how severe your injuries were and if it could have been prevented by your employer
Punitive Damages- these damages are considered a punishment for the at fault party in an accident. So these are based on how at fault Amazon was and if the accident could have been prevented using basic safety practices and if those practices were ignored.
Medical Bills- Medical bills for work injuries can end up being extremely expensive. Having these bills paid by the responsible party including an employer can be life changing for an accident victim.
Getting the highest settlement for our clients is our number one priority at The Richard Harris Law Firm.
Walmart Accident Lawyer in Nevada Walmart is considered an American success story. In 1962 Sam Walton opened the first Walmart in Rogers, Arkansas. Since then Walmart has expanded to over 10,500 retail outlets in…
This is because they are different from every other retailer out there.
While other retailers like Target or Macy’s carry liability insurance through a third party insurance company Walmart does not.
They are big enough to be self insured for liability insurance.
For example, if you are in an accident at another grocery chain and you slip and fall, the third party liability insurance will most likely pay your claim without much question.
They will then just raise the rates of the insurance for the grocery store for filing a claim.
That’s how insurance works right?
But in Walmart’s case they have created their own liability insurance firm to handle all accident claims so they will have to directly pay for any claim against them for accidents.
This makes it in Walmarts best interest to fight claims and pay as little as possible.
Since Walmart has endless resources and a legal team that comes with endless resources, they have the time and money to fight any claim that comes their way.
Another example of how Walmart is different from other retailers is that all businesses who employ one or more people are required to carry workers comp insurance to cover any employee related accidents.
Walmart again carries their own workers comp insurance.
If you are injured in an accident at Walmart there are a few steps that you must take.
Seek medical attention– as with any accident it is best to seek medical attention even if you don’t need it. You may have serious injuries that you are not aware of.
Gather evidence – you must be your own investigator at this point. You’ll need to take as many photos or videos as possible. Gather witness statements and any other evidence that might help you in the future. If you call the police they might file an accident report.
Do not talk to Walmart- Walmart will fill out an incident report at the scene and make every effort to contact immediately after. You do not have to speak with them and you shouldn’t without an attorney. They will try and have you sign papers or make statements that could directly affect you in the future.
Don’t Wait- there is a statute of limitations on personal injury claims of two years from the date of the accident in Nevada. If however someone dies as a result of their injuries from a Walmart accident then the date is two years from the death.
What if I’m Injured While Working at Walmart
Being injured on the job is not anything new, it happens all the time.
However, getting injured at Walmart is different from other companies.
Since Walmart carries their own workers comp insurance Walmart may try to mitigate the circumstances and therefore pay as little as possible for your workers comp claim.
However the difference with a workers comp claim is that there is no fault.
That means that if you slip and fall at work you will still be awarded workers compensation regardless of the circumstances.
There are a few examples where workers comp claims become personal injury cases.
Usually this happens if the employer, Walmart is grossly negligent or acted with malice.
For example if Walmart didn’t provide safety equipment and their workers were hurt then they acted negligently for not providing the safety equipment needed and could be held liable to injuries that occured.
Also, since Walmart is self insured, they may try to deny a workers comp claim or pay significantly less than needed.
https://youtu.be/faZKlRVWly0 Electric Bike accident Lawyer in Nevada Over the last few years electric bikes have become a more popular form of transportation and the prices have come down making the electric bike more…
An electric bike is defined as a bicycle that can be run on full electric power as well as by pedaling or a combination of both.
E-Bikes as they are known come in a variety of sizes, shapes and different motors.
The difference between an e-bike and a moped is that a moped weighs much more than an e-bike and can’t be pedaled as easily as an e-bike if the moped has pedals at all..
Basically e-bikes are the new moped.
In the US The Consumer Product Safety Commission defines electric bikes as a two or three wheeled vehicle with low speed power and full use of the pedals as well.
The consumer product safety commission also regulates the standards of manufacturing of electric bikes in the US but most laws regarding the use of e-bikes are state based.
What are the Laws to Ride an Electric Bike in Nevada
The US regulates the manufacturing and safety standards of electric bikes but each state has its own laws for operating electric bikes.
The following are a few laws that everyone should be aware of:
In Nevada you do not need a license to operate an electric bike but you do need a license of any class to operate a motorized bike or moped.
Electric bike riders do not require a helmet but it is strongly recommended to prevent injury or even death. A moped or motorized bike rider requires a helmet inNevada.
All traffic laws that automobile drivers are responsible for are the same laws that motorized bike and moped drivers are responsible for as well.
DUI- In the case of electric bikes a person charged with DUI might be only charged with reckless endangerment, however if riding a moped while drunk you will be charged with DUI and your license is likely to be suspended.
Injuries Associated with an E Bike Accident
Like all other accidents e-bike injury can range from minor to very severe including death.
You should always wear a helmet when riding an electric bike even though it’s not required.
It can mean the difference between minor injuries or life threatening injuries based on just wearing a helmet.
The following are the most common injuries associated with electric bike accidents:
Some of the damages that you may be able to recover are compensatory damages that include any thing lost due to the accident including payment for medical bills current and future.
Lost wages also current and future, property damages that occurred due to the accident.
Another form of damages that can be awarded after an e-bike accident is for pain and suffering, this is often at the discretion of the judge or jury in the case.
The final financial award that can be awarded to an e-bike accident victim is punitive damages, these are damages that a judge or jury imposes on the defendant in a case and it is basically as a form of punishment.
If you were injured in an electric bike accident we can recover the highest settlement available by law.
Our firm has been recovering large settlements for over 40 years in Las Vegas and all of Nevada, so call The Richard Harris Law Firm Today.
Who is at Fault in my Electric Bike accident
Who is at fault in any accident is always the question, sometimes it’s easy to determine who is the victim and who was the at faulty party in an accident.
Sometimes however this can be more difficult to determine especially when involved in an accident with an electric bike.
Most people assume that if you are involved in an e-bike accident with a motor vehicle that the motorist is at fault but sometimes you the e-bike rider might be at fault.
Since, like the internet the laws are trying to catch up with technology, the same applies to the laws and e-bikes.
But in Nevada determining who is at fault is based on the current laws about e-bikes and motorists in a car.
For example, Nevada statute NRS 4848.270(1) states that the driver of a motor vehicle shall not intentionally interfere with the movement of a person lawfully riding an electric bike.
So this means that if a driver intentionally goes around or turns in front or cuts off the rider of an e-bike who is just riding correctly if an accident occurs then the driver will be at fault since they caused the accident by breaking the law.
Nevada also has comparative negligence which means that if both parties are at fault in some way then the court based on evidence will attach a percentage of at fault to each party.
If the driver of the car is deemed 90% at fault based on evidence and the e-bike rider is 10% at fault then the e-bike riders settlement will be decreased by 10% because they were 10% at fault.
An experienced attorney like The Richard Harris Law Firm will fight to make sure you receive the maximum payment available after an electric bike accident.
https://youtu.be/mZ1vVUn74vg Amazon Truck Accident Lawyer As Amazon has become the world's biggest online retailer or reseller its delivery service has gotten bigger and bigger. Amazon's shipping is based on speed of service like Prime…
As Amazon has become the world’s biggest online retailer or reseller its delivery service has gotten bigger and bigger.
Amazon’s shipping is based on speed of service like Prime one day shipping.
This forces Amazon drivers to deliver a large amount of packages in a short period of time.
Amazon is known for putting profit over the safety of its employees in its warehouses.
Having employees work long hours with shift quotas.
Over the years as Amazon has grown its employee safety record has gotten significantly worse and this includes the drivers for Amazon.
However most people don’t know that Amazon delivery drivers don’t directly work for Amazon.
Drivers for Amazon are considered independent contractors or gig workers ( we all remember that term from the pandemic).
Essentially gig workers or independent contractors are drivers that use their own vehicles to deliver packages for Amazon, they are paid after finishing a route of deliveries and not per hour.
Also Amazon has Delivery Service Partners( DSP) that employ its own drivers and in this instance drivers are paid via the DSP and not Amazon.
By hiring outside companies or employing independent contractors Amazon avoids paying benefits and unemployment insurance to the drivers.
Amazon also creates a barrier between the company and the delivery services to avoid being held responsible for accidents or other problems associated with most delivery services.
That’s why when you are involved in an accident with an Amazon truck it may be difficult to determine who is at fault and who is responsible for your medical bills or who to file a personal injury case against.
Going up against a Goliath such as Amazon can be a daunting and scary task.
Seek Medical Attention- Even if you don’t think you need medical attention you should always get checked out. You may have injuries that are not visible and it’s always a good idea since this can help you with any future claims with either insurance companies or any parties held responsible for the accident
Gather evidence- This includes witness statements, video or photos, police reports, insurance information for anyone involved in the accident and finally a police report. Medical records are also considered evidence in an accident.
Report the accident to your insurance company- Even if you think you are not responsible for the accident you must report it to your auto insurance carrier.
Contact a personal injury attorney- This after getting medical care could be the most important thing you do. If you think the driver for Amazon is at fault hire an attorney before you speak with anyone working for Amazon. They have a huge pool of legal representation on their side so should you. If you have been injured in an Accident with an Amazon driver in Nevada call The Richard Harris law firm today.
Who is at Fault in an Accident with an Amazon Driver
Determining who is at fault in any accident is difficult but when you’re involved in a crash with an Amazon driver it gets very confusing as to who is actually at fault and who needs to be held responsible.
Since some Amazon drivers are independent contractors and use their own vehicles can Amazon be held responsible?
Like Lyft or Uber these independent contractors are only employed by Amazon while on the clock and delivering for Amazon and this can be difficult to prove.
In a lot of cases the independent contract drivers for Amazon use their own vehicles and therefore use their own insurance.
Amazon requires the contractors to carry liability insurance that is equal to that required by municipal governments for delivery drivers.
So they are required to have extra liability insurance but like other independent contractors that work for ecommerce like Uber or Lyft enforcing the extra insurance can be difficult or not at all.
So if you are involved in an accident with an Amazon driver who is an independent contractor then the personnel insurance of the driver is the insurance that will cover the accident.
Amazon does have extra insurance but only when the drivers are on the clock and delivering for the company.
The other drivers who work for Amazon are Delivery Service Partners ( DSP) who are separate delivery services that provide drivers and work out of the Amazon warehouse.
You may have seen a fleet of Amazon drivers leaving a warehouse together at one time in what looks like Amazon delivery vehicles and they are Amazon delivery trucks but operated by delivery service partner drivers.
The Delivery Service Partners pay these drivers and not Amazon.
If you are involved in an accident with these drivers then The Delivery Service partner company is the responsible party and you should contact them.
As you can see, since Amazon essentially shields himself from responsibility by hiring independent contract drivers or hiring Delivery Service Partners it can be difficult to prove that Amazon has any responsibility in an accident involving an Amazon driver.
Compensation for Injuries After an Accident
Can you be compensated after an accident involving an Amazon driver?
The simple answer is yes.
Nevada is an at fault state allowing accident victims to pursue financial remedies based on who is at fault.
You can recover for medical expenses, lost property, future medical expenses, rehabilitative services, and my other bills that are associated with the accident.
Victims can Recover Lost Wages
Lost wages is very important because lost wages doesn’t just cover lost wages for the time you missed from work immediately after the accident, it also covers lost future earrings if you are unable to work in the future due to your injuries.
This also covers time off from work to attend medical treatments that are associated with the accident.
Lost wages that would have been earned by the sole provider of the family if the provider dies in the accident.
Pain and suffering and punitive damages are other compensation that a victim can recover for in Nevada.
This includes physical or emotional pain like PTSD.
Punitive damages are assigned to punish the defendant for negligence.
Punitive damages are always at the discretion of the court and sometimes can be very high based on how the court feels the defendant was reckless.
The Richard Harris Law Firm will get the highest settlement allowable by law if you were injured in an accident involving an Amazon delivery driver call today.
https://youtu.be/bWX94oC0PJs Lyft Car Accident Lawyer in Nevada Everyone uses Lyft these days, especially in a tourist area like Las Vegas. Las Vegas used to be a town that let everyone park for free but…
That’s where Uber and Lyft come in, in most cases taking a ride share service is a less expensive option than renting a car or taking a taxi, for some reason taxis are still more expensive and less reliable than rideshare services.
With all these Lyft drivers out on the road the chances of accidents happening while in a Lyft are much greater.
Many Lyft and rideshare passengers assume that Lyft or the Lyft driver will report the accident to the police.
Most of the time they will but to be sure you should make sure you as the passenger should make sure you give a statement to the appropriate authorities and make sure you do the same things you would do in a regular car accident.
For example taking photos or video where available.
Getting as much information as possible from witnesses, the Lyft driver, and the police.
Documenting anything you can like the weather, construction or any other outside factors that may have an affect on the accident and any case against Lyft.
In the beginning you should be your own investigator.
This is extremely important and no matter what the Lyft drivers say, they will report the accident and for you not to worry about it.
You should never assume they will report the incident.
Always report the accident yourself either via the Lyft app or the website or by calling the Lyft critical response team.
This team responds to all Lyft accidents or any other incidents that happen while you are a passenger in a Lyft.
This includes all accidents, robberies and even assaults committed by drivers or passengers.
Who Insures Lyft drivers
Understanding Lyft can be very confusing, who actually insures Lyft drivers at a certain time and who is ultimately responsible in a Lyft accident.
There are several scenarios that occur when someone is driving for Lyft and when someone is a passenger in a Lyft.
First is a Lyft driver, who is considered an independent contractor despite all the recent legal attempts by Lyft drivers.
Lyft does not employ drivers; they are independent contractors therefore they work for themselves technically.
If a Lyft driver who independently drives for Lyft is off the clock, meaning they are not using the Lyft app at the time and has no passengers or has not opened the app to work at the time of the accident, the drivers personal insurance will be covering the vehicle for any accidents.
Second, if the same driver has opened the Lyft app and is accepting passengers but has not accepted any rides the driver’s personal insurance is still involved.
But Lyft’s contingent policy is also included.
This is why this is so confusing as to who do you go after when filing a claim against Lyft.
And Finally if a Lyft driver has accepted a ride and there are passengers in the car, the car is no longer a personal vehicle but rather a commercial vehicle even though again, Lyft drivers are considered independent contractors.
The vehicle since it is now considered a commercial vehicle is insured by Lyft’s commercial insurance if it is involved in an accident.
Accidents are not the only things that happen when riding in a Lyft or other rideshare service.
Recently there has a been a rise in sexual assaults reported among Lyft riders.
There are many reasons that this happens but as a victim of sexual assaults you have rights.
The reasons this can occur under the Lyft platforms includes-
Hiring practices- Lyft only does a background check up to 7 years. So any criminal activity prior to the 7 years will not show up in a background check. They never actually interview drivers or interact with them on a personal level. All hiring is based on the driver’s driving record and car.
Improper training- Lyft offers no real training regarding sexual harassment or driving since they are considered independent contractors they are not required to through the training that you get at a corporate job.
Can’t verify information- When you sign up to driver Lyft you set up an account via the Lyft app. Lyft cannot verify that its actually the person setting up the account is the actual driver. A predator can create a fake account and Lyft would never be able to verify it.
Most assaults occur after a person has been incapacitated like after a night out of drinking when the victim is not fully aware.
So you order a Lyft after you’ve been drinking instead of driving because you think you’re doing the right thing.
People assume that since the information is on your phone that you will be safe but that isn’t always the case.
Since Lyft and other rideshare companies are fairly new the information available on sexual assults among Lyft drivers is limited.
If you have been assaulted by a Lyft driver you can seek damages above and beyond criminal charges.
You can also file civil charges against Lyft and the driver if you have been sexually assaulted in a Lyft.
These cases can be difficult since most occur while the victim is under the influence.
If you think you were assaulted in a Lyft ride you need to contact an attorney immediately.
The Richard Harris Law Firm will fight for your rights, after all you’ve been through you need someone on your side to help you navigate the difficult road ahead.
So you head out to the gym for a short jog on the treadmill and then maybe to lift some weights after the jog.
You head to your usual gym, maybe you’re heading to 24 hour fitness or Las Vegas Athletic club, this is your routine.
Maybe you’ve been doing it for many years or maybe you just made your way back to the gym after Covid?
Whatever the case you get to the gym and head off to the treadmill you get on the treadmill press start and set it to the desired pace maybe just a slow jog start like 5.5 without any incline.
You start to jog and all of sudden the treadmill starts to move much faster than the setting for no reason and you can’t seem to stop it or run as fast as the treadmill is going, so you fall off the treadmill onto the floor.
Now you may feel more embarrassed than anything else but you may also have some severe physical injuries that you may not know about right away.
This is just one example of accidents that happen at gyms or fitness centers everyday.
Call The Richard Harris Law Firm today if you have been injured at any gym, athletic club, or fitness center in Las Vegas, Reno, Sparks, Boulder City or Primm.
If you got hurt at Planet Fitness, 24 Hour Fitness, LVAC, or any other smaller gym like Golds or World Gym etc., then call us today for help.
Types of Gym Related Accidents
There are so many things that can go wrong at the gym here are a few of the examples of accident or related injuries that can happen at the gym:
Trip and Fall accidents either outside or inside the gym area- Just like every other trip and fall these incidents can cause a variety of injuries including broken bones, sprains, severe bruising , neck , back or head injuries
Faulty exercise equipment- this can cause trips and falls or other severe injuries. If a treadmill or elliptical becomes faulty you could fall off very fast. This can cause dislocated shoulders from trying to stay on the faulty equipment. You can pull muscles severely for the same reason. Being on a broken piece of equipment at the gym can be scary especially since you may not be aware of it at first.
Faulty weight equipment- Have you ever sat on the leg press and looked and thought what if the metal bar didn’t hold or broke and the weight came crashing down on your legs what would happen? Well this has and does happen. This can cause severe spinal damage even paralysis and on very few occasions even death.
These are just a few of the accidents that can happen at any gym or athletic club.
Like other businesses, gym owners and operators have a general responsibility for the safety of their clients and a normal responsibility of care.
The responsibilities of gym owners to their clients are :
To keep the gym clean at all times- this includes clear and dry floors, sanitizing equipment, and clean restrooms or locker rooms.
Repairing damaged equipment- closing equipment that needs repair , removing from the public area, or replacing old or outdated equipment.
Keeping the amount of people at the gym at the same time to or below the fire code. Gyms get crowded especially after work hours or in big cities like Nevada, so it is the responsibility of the owner or operator to make sure that the gym isn’t too crowded.
Just like any other accident or injury you may be able to recover damages after an accident at the gym.
If you have suffered an injury at the gym you may be entitled to the following damages:
Lost Wages- lost wages are money that you would have or could earn if you weren’t injured. This includes future wages as well as current wages, This depends on how long your recovery will take
Medical Bills- this includes all medical bills associated with the accident or injury from the gym. Future medical bills can be included as well. So if you have an injury that needs future medical treatment, the future medical cost can be included.
Pain and suffering- this is based on the severity of the accident or injury
Punitive damages- punitive damages are based on the negligence of the owner or operator. These damages are awarded to punish the negligent party.
Who is at Fault in a gym Accident
This is a tough question and a topic of continued discussion.
Immediately after an injury most people want to blame the first person or business that would seem to be the responsible party.
So for example most people would assume that the owner or operator would be the go to person or persons to blame but that is not always the case.
In the case of injuries or incidents at the gym the gym owner may not be the person at fault.
The gym equipment manufacturer may be at fault based on malfunctioning equipment.
The personal trainer is another person that could be responsible for your injuries, maybe they aren’t certified properly and over trained you.
It could also be your fault if you over exerted yourself after you haven’t worked out in a while.
https://youtu.be/ObSU2dhun6w How Insurance Companies Determine Fault After Car Crash After an accident most accident victims need to file a claim with their insurance company or any insurance company of anyone involved in the accident. …
You may have injuries that you are not aware of that could have lingering consequences and future medical expenses.
But after the accident and immediate medical attention, who pays the bills is inevitable.
Who is responsible, you or the other driver or company.
Can you continue to get the medical treatment you need even after the accident?
The medical system is very confusing even on a regular day without having insurance companies and the courts involved after an accident.
Having an experienced legal team like The Richard Harris Law Firm can be a valuable resource to navigating the medical system after a car accident and making sure you continue to get the medical help you need to make a full recovery.
Common FAQ’s we hear –
Negotiating medical bills after settlement?
How do insurance company pay accident medical bills?
What if my medical bills are more than my settlement?
Why Medical Care Is Important After a Car Accident
Every accident is different, that’s why there is no set price for accidents.
A settlement offer is based on many factors including severity of injuries, pain and suffering, the reason for the accident, loss of work, and property damage.
Below are the main categories that are considered when a settlement offer is made:
Pain and Suffering- This is the compensation based on injuries and the severity of the injuries and the trauma that is created from the accident. This includes physiological injuries as well as physical injuries.
Lost Wages– After an accident you might not be able to work for a significant period of time while you recover. Sometimes injuries are permanent and you may not return to work again. Lost wages is compensation based on your lost income today and even your future earnings.
Property Damage– Was your car a total loss after the accident? Recovering an amount to make you whole again is the idea behind property damage compensation
At The Richard Harris Law Firm we do our best to recover the maximum settlement allowable by law in Nevada today.
How Long do You Have to File a Lawsuit
The statute of limitations for a car accident in Nevada is 2 years from the date of the accident or if a fatality is involved the date of the fatality after the accident.
That is one of the reasons that seeking medical attention immediately is important.
Seeking medical attention on the day of the accident is when the clock starts ticking for the two years timeline.
Also you should seek medical attention just to make sure you’re ok and start the process of healing.
After seeking medical attention you should contact The Richard Harris Law Firm immediately after the accident so we can start the recovery process for you as soon as possible,
Not filing a claim in the two year period can result in not getting any settlement for your accident.
Who Pays Medical Bills After an Accident
Many people have the idea that the other driver’s insurance will pay medical bills after an accident.
Typically however the defendant in a car accident case isn’t responsible for your medical bills until after they are found to be at fault and are required to pay a settlement.
That’s why having an experienced attorney like The Richard Harris Law Firm can be so helpful in navigating the medical billing process.
We can contact the medical billing companies to slow or even stop payments while the case is pending.
We keep records and send you to any medical specialists you may need while the case is pending.
How Long Can You Sue Someone After a Car Accident in Nevada
What exactly is a statute of limitations?
A statute of limitations is the time between an occurrence and the time you have to file a legal remedy for the occurrence.
Each state has its own statute of limitations for certain legal remedies. If we didn’t the courts would be bogged down with caes forever , not that they aren’t now.
But this puts a time limit on how long you actually have to file a lawsuit after something like a car accident.
In Nevada the statute of limitations to file a lawsuit for personal injury after a car accident is 2 years.
So if your accident is on 1/1/2021 you to file any remedy or lawsuit against anyone involved in the car accident well before 1/1/2023.
If you fail to act in that time period you will not be able to recover damages for the accident even if it was not your fault at all.
All Statutes of Limitations in Nevada are different, for example personal property damage has a limit of 3 years, even though personal injury has a limit of 2 years.
So knowing the statute of limitations in Nevada after an accident can become very important.
There is a difference though between the statute of limitations in the Nevada court system and what the insurance companies set as their statute of limitations to file a claim with them after a car accident.
You should always contact your insurance company immediately after a car accident to report it.
But if you don’t in Nevada you have two years to file a claim with your insurance company after a car accident.
This is just a general rule and not always the case, each insurance company has their own statute of limitations.
You should always check with your insurance provider for the most accurate information.
When dealing with any car accident and the statute of limitations you should always contact an experienced personal injury attorney to guide you through this difficult time.
In Nevada the only name you need to know Is The Richard Harris Law Firm, we can give you an honest, free case review.
What Happens After an Accident
Once you have a car accident in Nevada the clock starts ticking on the statute of limitations even if the accident was reported on that day or not.
The statute of limitations is the actual day of the accident and not the day it was reported.
We have over 40 years of experience with personal injury law and statute of limitations in Nevada.
Can I Recover Damages After the Statute of Limitations has Passed
Usually the rather simple answer is no.
If the statute of limitations has passed for personal injury in Nevada for 2 years you will not be able to recover any damages.
But there are certain cases where the statute of limitations can be thrown out by a judge.
This doesn’t happen very often and only in extremely rare cases.
Only an experienced personal injury lawyer knows how to navigate the Nevada court system to make this happen.
Your lawyer will have to file a motion to dismiss the statute of limitations based on extreme circumstances.
For example if you are involved in an accident involving drunk driver and were severely injured you may not have been able to file a claim in a timely manner based on your injuries or other extenuating circumstances.
The judge can review the motion to dismiss the statute of limitations based on the severity of your injuries or the fact the accident involved a drunk driver since these are both considered extreme circumstances.
The reality is that you don’t want to test time limits or the law, if you were injured in an accident in Nevada then call us today and we’ll help you file a claim.
And never fight the insurance companies alone.
What Other Limitations Exist When Filing an Accident Claim
There are other limitations to consider when filing an accident claim in Nevada.
For example the financial responsibility has specific limitations based on the at fault percentage.
Meaning you can recover 100% of any settlement awarded to you.
However if you were involved in the same accident and deemed by the court, the police and your insurance company to be at fault by 30%, and the other driver was 70% at fault, then you can only recover 70% of the settlement due to your at fault percentage.
So if your case settles for $100,000 you will only be able to recover $70,000 because your at fault percentage was 30%.
Recovering Lost Wages in Nevada All states allow victims in a car accident to recover lost wages due to injury after an accident. In Nevada this includes lost hourly or salary, commission pay, overtime,…
All states allow victims in a car accident to recover lost wages due to injury after an accident.
In Nevada this includes lost hourly or salary, commission pay, overtime, bonuses, self-employment income, vacation or sick time that would have accrued over the period of time missed, and any other form of payment like meals, phone and gas reimbursement.
When a defendant is negligent in an accident they can be held responsible for all these lost wages in Nevada.
You must however be able to verify that these in fact are the monies or perks you would have received if you were able to work after the accident.
The first step to getting reimbursed for any lost wages is to verify your income with your employer.
It sounds easy just call up your work and have them verify your employment.
But that is not always the case with today’s privacy laws this can be more difficult than you might think.
After an accident you should always seek legal counsel.
Self employed people have a harder time proving income but in Nevada they are entitled to recover lost wages like a regular employee.
Instead of getting a letter from an employer, self -employed people will need to compile some documentation as proof of income including:
previous years tax returns
billing statements from the previous months before the injury
billing statements for the previous year if the job is seasonal
If all of your combined income as a self-employed person is complicated then you might have your accident attorney hire a forensic accountant to sort out the details.
At The Richard Harris Law Firm we can help you sort out what you need to prove self employment income in Nevada.
Recover Lost Wages For Personal Days, Sick and Vacation Time?
If you had to use any paid time off including sick, vacation , PTO , or any other accrued time off after an accident then it can be considered lost wages in Nevada and also added to the lost wages in a personal injury case.
Had you not been in the accident in the first place you would not have had to use all the time off, and could have used the personal time off at your discretion.
These sort of things are very important to understand when it comes to filing and winning a lawsuit.
If your injuries continue you can also claim any half days or hours used to attend future doctors appointments, physical therapy or any other medical appointments even after you’ve returned to work..
Keeping records is very important in this case.
Always keep records of days and hours missed, the doctor’s appointment you went to associated with the accident.
Recovering non regular pay as lost wages can be difficult so having a legal team to help navigate this difficult process can take the stress off of you as the victim while you heal up.
Can I Claim Lost Overtime, Commissions, or Bonuses in a Nevada Personal Injury Case
The simple answer is yes but only if you would have expected to work the overtime, get commissions, bonuses or perks based on some work history.
You must be able to prove this with documentation and sometimes this can be very hard to do.
You can prove that you would have received this overtime or commission and bonuses in a number of ways:
This is part of your regular pay– The overtime or commissions are considered part of your regular pay and therefore previous pay stubs can prove a pattern.
The commission or overtime are based on seasonal employment at the time of the accident- Employment can be seasonal so if you were hurt in an accident during that seasonal employment you can prove that this would have been the time you worked you can use last years pay stubs and tax returns as proof
A special event during the accident timeline would have earned you a bonus pay or commission based solely on this event- A letter from your employer or event information or registration can be proof that attending or participating in the event would have earned you overtime, commission etc.
Winning any lawsuit can be very tiresome and sometimes seem almost impossible.
The Richard Harris Law Firm can gather all this information for you.
Your only concern should be your health and mental recovery after an accident.
How To Prove Lost Wages From Tips in Nevada
In Nevada most of the industry (think casinos and bars) is hospitality based so there are alot of jobs that have tipped employees.
Why Do People Switch Lawyers in a Personal Injury Case
People may want to change their legal representation in a personal injury case for many reasons.
Having a lawyer that you work well with and trust in is very important since personal injury cases can take a long time to settle.
Maybe you hired a law firm to represent you in your personal injury case and after a few months you’re not feeling like that firm is working out so you can change injury lawyers that represents you.
Here are the most common reasons people change their lawyers:
The lawyer doesn’t return calls or emails or doesn’t respond to your emails and calls in a timely manner
Your case seems stalled. Cases can take a long time to resolve but usually there is something going on with your case. If it seems there are long periods of time where nothing is happening
You want to take your case in one direction and your lawyer insists on doing something else. Remember lawyers work for their clients and are required to bring any and all offers to you. But ultimately the decision to settle or not or go to trial is up to the client. The attorney is to give any and all information for the client to make an informed decision.
The lawyer’s strategy doesn’t make sense. Sometimes your lawyer will want to use a strategy that may have worked in another case but isn’t going to work for you.
There is no strategy or direction going forward with your case. You want to understand the legal proceedings but your lawyer is not interested in explaining how the process works. This is why we hire lawyers otherwise we would do it ourselves. Because we don’t know the law in and out. We want it explained to us so we understand what’s going on with our case but some lawyers don’t know how to or won’t explain to their clients
The lawyer pressures you to accept a settlement you don’t agree with. Lawyers are to submit every settlement offer to their clients and give advice on the offer but the client has the final say not the lawyer.
You feel your attorney isn’t getting the job done. Maybe he’s sitting on the case or not doing what was promised to you in your consultation. Or maybe you hired your legal team on a contingency basis but your lawyer is trying to charge you for things before your case is settled.
Your current attorney is not licensed or deceased after you hired them.
Hiring the right legal team after an injury or accident is important but if you didn’t the first time then call The Richard Harris Law Firm for a Free case review, even if you currently have another lawyer representing you.
How do I go About Switching Lawyers in a Personal Injury Case
You might think that you can just hire a new law firm or attorney and fire the previous firm.
But it depends on where you are in the legal process.
If you haven’t started filing a legal claim yet it is easier to switch attorneys.
The new attorney can be the one who notifies the other law firm that they are now representing you.
The new firm can also notify the insurance companies or any other parties involved that you have new representation.
If you have already started the legal filings you’ll need to file a substitution of counsel to the court in Nevada.
This is a formal court filing that notifies the court and all other parties involved that you are changing attorneys.
The Nevada Rules of Civil Procedure Rule #5 mentions the substitution of counsel but each county has different rules that are unique to that jurisdiction.
Always contact your local court for the exact information needed to change attorneys in your town.
If you live in Spring Valley, Henderson, Summerlin, Boulder City, Pahrump, Reno, Sparks, North Las Vegas, or wherever, we can help.
Your new attorney should also know the rules in the jurisdiction they are in and can submit the required documents to the court for you.
Reasons You Can’t Switch Attorneys in Middle of a Case
In most cases choosing your attorney is absolute but there are just a few cases where this is not the case.
The Substitution of Counsel rule allows for a change of counsel as long as it does not delay the case from moving forward.
This is to keep people from delaying cases indefinitely by just hiring new representation.
If the court feels the new lawyer will hold up the case for too long the court can decline the change of counsel request.
Another reason you may not be able to change attorneys is they have conflicts of interest.
Maybe the firm represents another party in the suit in another capacity or they represent them in another case.
The attorneys might also have a conflict with the judge who will be presiding over the case.
Any new attorney you consider should be able to notify you immediately as to whether or not they can represent you.
Where Does the Right To Switch Injury Lawyers Come From
The right to choose one’s one counsel is a constitutional right under the 6th amendment of the United States.
The 6th amendment gives criminal defendants the right to assistance of counsel and the right to choose that counsel.
The 6th amendment also asserts that a defendant has the right to a speedy public trial by an impartial jury of their peers.
The defendant also has the right to who the accusers and the nature of the charges and evidence against you.
Even though the 6th amendment is speaking in terms of criminal defense the civil rules have adopted this as the rule as well.
You have the right to choose your own representation or change it if you’d like in a civil case.
Why Switch to The Richard Harris Law Firm
If you are already being represented by a lawyer in a Las Vegas or other Nevada city for a personal injury case and you feel your case has stalled, or you think you’re not getting the representation you were promised or deserve, call us today.
We have over 40 years in Las Vegas as a top personal injury law firm.
We fight for our clients to get the best settlement legally possible.
If you are looking to change firms we will notify the court with the substitution of counsel and also notify all other parties involved.
We have recovered over a $ billion dollars in financial settlements for our clients in a variety of personal injury claims.
We will gather all the evidence and handle all the court filings while you recover.
We offer 24 hour a day service and consultations are always free.
In Nevada a nightclub owner or operator can be held responsible for a guests injuries when :
An employee is negligent in their regular job duties- A waitress fails to clean up a spill and you slip and fall. This is an example of an employee failing to perform their regular duties properly since cleaning up a spill is a normal job when serving drinks at a club.
The nightclub fails to hire the correct staff or supervise the staff correctly- If an employee files a complaint of harassment against another employee and the club does nothing about it, the club can be held liable since it was notified of a potential issue and failed to act on it.
The club policies or practices are discriminatory in any way- If the club discriminates against a particular group like the LGTQ community they can be held liable for damages for discrimination.
The club employees commit an intentionally wrongful / illegal act- If a bouncer beats up a patron after an altercation or a patron is harassed by a staff member while in the club then the club can be held liable for the employees wrongful or illegal act. If these acts were committed after the club closed and are off the club property then the club may not be held liable for the actions of individuals. Only an experienced law firm like The Richard Harris Law Firm can tell the difference based on many factors.
What Damages Can I Recover
If you are injured at a nightclub in Las Vegas and they are held responsible either by negligence or wrongdoing of their employees you may be entitled to monetary damages for medical bills, physical or occupational rehabilitation.
Also you have to consider lost wages or lost wage capacity, legal fees and pain and suffering.
If your case involves extreme wrongful behavior by a nightclub employee then you may be able to recover punitive damages from the club or individual.
Punitive damages are damages awarded above and beyond simple compensation as a punishment to the defendant in the case.
The Richard Harris Law Firm has a reputation of fighting for their clients to get maximum settlement allowed by law.
If you were injured at Tao,Drai’s, Marquee, or Hakkasan nightclubs in Las Vegas give us a call today for a free consultation.
What if I’m Partially to Blame
In Nevada even if you are partially at fault you can still recover damages as the plaintiff if one or more of the defendants were at least 50% at fault.
The plaintiff’s damages will be reduced by the percentage that the plaintiff is at fault.
For example if the club is liable for 50% of a person’s injuries and the plaintiff is liable for the other 50%, then if the plaintiff is awarded $100,000 it would be reduced to $50,000 since the fault is 50% the plaintiffs.
All of this can be very confusing and that is why you need a Las Vegas nightclub injury law firm to fight for you.
Below are a few causes of T-Bone or side impact accidents:
1.Distracted Driving- texting, being on the phone, putting on makeup, even eating are all forms of distracted driving and can cause a T-bone accident.
2.Reckless Driving- reckless driving occurs when someone disregards the traffic laws and drives really fast and disregards the safety of others on the road. This can also contribute to a T-bone accident
3.Driving under the influence- being under the influence of alcohol or drugs is illegal under any circumstances and is extremely dangerous. The B.A.C for all states is .08% or less after that you are considered under the influence. This contributes to all accidents as well as side impact collisions and T-bone accidents
4.Running a red or yellow light- everyone does this at one time or another, we are all in a hurry and sometimes we just go through a red or yellow light. This is the major cause of T-bone or side impact accidents
5.Failure to yield is another cause of T-bone or side impact accidents. You may have the right of way at the light or intersection but if you just go without stopping and checking for oncoming traffic you may be the person at fault in a T-bone collision.
If you are involved in a T-bone or side impact automobile accident you need to get legal representation right away.
You may have injuries that you aren’t even aware of.
This can also help you later on.
Here are some of the most common injuries associated with T-bone and side impact accidents.
Head and Neck Injuries- whiplash, TBI (traumatic brain injuries), concussions are common with head and neck injuries
Limb Injuries- broken bones, fractures and dislocations are all common limb injures in a T-bone accident
Back Injuries– nerve damage, spinal cord injuries and paralysis are all back related injuries, back injuries can involve surgery and long recovery periods. They are common in all accidents and may not show for days to weeks after the accident. That’s why getting checked out by a doctor is important.
Soft tissue damage- torn tendons, sprained tissue, muscle tears are considered soft tissue damage and may not be readily seen or felt. These are things you might not know right away and sometimes can only be seen via x ray or MRI.
If you are ever injured or think you might be injured in a T-bone or side impact motor vehicle accident always seek medical attention first, but as soon as you can call an experienced attorney to help you.
People think that there is always one person at fault in an accident but that is not always the case. Sometimes both parties are considered at fault.
The police at the scene will try to determine who they consider at fault for an accident.
But insurance companies often make a decision about who’s at fault without ever being to the scene. They only use the reports and evidence they were given by the police to decide how much they are willing to pay on your claim.
Always gather as much evidence as you can at the scene of a T-bone or side impact accident.
Get photos or video with your phone, collect any witness information, get other driver insurance and motor vehicle information, and get any information you can from the police including how to get your police report as soon as possible.
After getting treated for any injuries, gather as much information from the doctors and hospital as you can.
These are all things that you should have on hand when calling The Richard Harris Law Firm.
Can I Recover a Settlement if I’m Partially at Fault
Well, the quick answer, believe it or not, is yes.
Like we stated before, sometimes both people are considered at fault in a T-Bone accident.
This is based on all the factors including speed, weather, accident location etc.
If both parties are considered at fault you may be able to recover damages even if you are partially at fault.
Damages can be reduced based on how you are considered at fault.
This is based on a percentage of at fault.
For example you can be considered 35% at fault so the other driver will be considered 65% at fault.
Having a good lawyer on your side is the key to getting the most out of any settlement involving a T-bone accident in Nevada.
Call Richard Harris today because he has recovered over $1 Bllion for his clients.
Richard Harris will always go after the maximum compensation that they can settle for.
We won’t just take the first small offer issued by the insurance company.
How Much is My T-Bone Car Accident Settlement Worth
All car accidents are different and therefore the settlements reached are always different.
That’s why having an attorney like The Richard Harris Law Firm on your side is important to securing the highest settlement available related to your accident injuries.
Here are a few of the things considered when a settlement is reached –
Who is at fault or the percentage of at fault in the accident
The severity of the injuries
Available insurance coverage at the time of the accident
Was there outside influences that caused the accident like a car malfunction
Once all of this is determined your settlement can reached and will include the following:
Lost wages from missed work
Medical bill coverage past and any future medical care needed
Pain and suffering
Punitive damages are damages above compensation damages and are designed to punish the defendant
If you were involved in a T-bone or side impact accident in Reno, Las Vegas, or anywhere in Nevada then please call The Richard Harris Law Firm today for a Free case review.
Why Contact a T-Bone Car Accident Lawyer
You should always contact a lawyer like The Richard Harris Law Firm when you’ve been in a car accident.
Insurance companies will try and deny or pay as little as possible of your claim.
They use many tactics to try and not pay.
Never speak to an insurance adjuster without legal representation. Insurance companies will record statements and use them against you later on.
Having The Richard Harris Law Firm in your corner, we handle all interactions with insurance adjusters or any other parties involved in the personal injury case.
https://youtu.be/kMzVpa-IeUU Las Vegas Casino Injury Accident Law Firm What happens in Vegas stays in Vegas. Wasn’t that the marketing commercial for Las Vegas tourism a few years back? Well if they had their…
Call Nevada’s biggest accident attorney, The Richard Harris Law Firm.
We have over 40 years of experience dealing with hotel and casino accidents.
Injuries That Happen at a Hotel or Casino
Most hotels and casinos are large properties with a variety of areas for people to choose from.
This creates an environment ripe for injuries and accidents for both workers and guests.
There are however some common things that happen in casinos and hotels.
Some of the casinos –
AZ Charlie’s Boulder
AZ Charlie’s Decatur
Casino Royale Circa
Food Poisoning or other injuries associated with food outlets– Food poisoning is something seen a lot in hotels and casinos. Large casinos usually have a large buffet outlet that feeds several hundred to several thousand people at a time. This is a breeding ground for foodborne illness. Sometimes food isn’t cooked enough or not held at the right temperature. This can cause food poisoning and is the sole responsibility of the food and beverage department. Some other odd accidents can also occur in food establishments in casinos such as slip and fall on a wet floor, we have even seen a person swallow broken glass that was in a food item by accident causing tears in the mouth and can cause severe injury if swallowed.
All of these can be avoided if the food and beverage department prepared food properly and checked food items.
If you have been injured or have gotten food poisoning at a hotel or casino in Las Vegas or Reno call The Richard Harris Law Firm for a case review.
In Room Accidents– In room accidents are a little more rare than food injuries or accidents. In room accidents can be a variety of things caused by simple things like loose carpets, furniture that is broken or not stable. Plumbing issues can cause burns if the water is too hot for example. If your electrical sockets aren’t properly installed you could be electrocuted when you plug in your computer or phone. If you were injured just while hanging out in your room at a casino, notify the management of the hotel of the problem, and seek medical attention right away if needed. But definitely call an attorney for a free consultation. Never let hotel management make you sign anything.
Can You Sue a Las Vegas Casino Hotel
Chair Injuries– Hotels have thousands of chairs between the gaming, restaurants, and entertainment venues. The hotel is responsible for all the maintenance to all chairs in the casino. If chairs are not put together properly or not maintained properly they can collapse and a person could fall. Injuries could include back and neck injuries and some can be very serious even though it doesn’t sound that way. If you’ve had a chair fall from underneath you at a casino hotel then call our team of lawyers at The Richard Harris Law Firm, we have over 40 years of experience with hotel and casino accidents. We will fight for you and not just take the first offer the casino delivers.
Elevator or escalator accidents- Imagine getting stuck in a broken elevator between floors for several hours. I’m light headed just thinking about it, but it has happened in many Las Vegas Casinos. Since most of the casinos on the strip have high floors the elevator banks are huge. Some hotels have 8 to 12 elevators in a group. Casinos in Las Vegas are required to hire union employees and all engineering department personnel are union employees. They are responsible for the service of the elevators. If you have ever been stuck in a broken elevator these are the people that are responsible. Escalators are another hazard and they are everywhere in Las Vegas. Escalators can break or suddenly stop working causing a person to fall down the escalator. Also clothing can become stuck in the escalator and the escalator does not stop causing the guest to get stuck and almost dragged up or down the escalator.
If you are hurt on an escalator or elevator in a casino hotel call us at The Richard Harris Law Firm, we are available 24 hours a day 7 days a week.
Ground Transportation accidents- It’s great that a casino hotel will offer ground transportation maybe to and from the airport and maybe it’s a shuttle to another property in the same group. This is usually in the form of a van or a small bus. Limousines are often used to pick up important clients or high rollers of the hotel casino. Car accidents happen all the time in Las Vegas but if you are in a van or limo owned and operated by the hotel or resort you’re staying at then the hotel casino in responsible for your safety while you are riding in the shuttle.
They are also responsible for the hiring and background checks of the drivers, maintenance of the vehicle they own and operate.
They are responsible for insuring the vehicles they operate.
If you are in a car accident while riding in a shuttle or limo owned and operated by the hotel, call an attorney right away after you seek medical attention.
Do not speak with any insurance adjuster after the accident.
Insurance companies will use whatever you say against you and try to deny or minimize the payout.
Pool accidents– At most hotels and casinos especially on the Las Vegas strip a pool party is a big event. The pool areas at most strip properties are cities onto themselves. They can be acres of land and have several pools and bars. Some even have wave pools and slides. Some pools even offer concerts or special programs on certain days. These can cause large crowds to form at the pool areas. Also let’s be honest it’s hot in Las Vegas in the summer and other than inside an air conditioned hotel the pool is the place to be.
Sometimes hotels even let locals with ID go to the pool even if they are not hotel guests. But pools present their own set of issues, especially mixed with alcohol.
People slip and fall on concrete, get sun poisoning and have to go to the hospital because they forgot sunscreen. But of course the biggest problem at Las Vegas hotel pools is drowning or almost drowning and this happens more frequently than you may think. All pools have certified lifeguards but sometimes the crowds are so big lifeguards don’t see a person.
more casinos –
New York NY
Why Call The Richard Harris Law Firm
We have been in the Las Vegas and Nevada community for over 40 years.
We fight for our clients and will never take the first small settlement offer that a hotel throws out.
Our clients are our number one priority, we can help our clients with insurance companies, medical bills, future medical bills, lost wages and pain suffering.
We go to court for you if it ever even gets that far.
We will make every attempt to settle your case for the highest amount available to you.
Once you are involved in an auto accident in Las Vegas or anywhere in Nevada, you should call the police immediately even before you talk to anyone else.
Don’t speak to anyone until you know the police are on the way, even if you think someone else has already called the police, always call yourself after you are involved in an auto accident.
Sometimes if you are involved in a fender bender where no one is really hurt at the time of the accident, someone will say hey let’s not call the police we can handle it ourselves.
Never ever do this.
It’s safer to call the police no matter how insignificant you think the accident may be and let them decide.
You should always get information and evidence at the accident scene like license information, insurance information, any witness information, and photos or video if possible just so you have it right away.
Who is ultimately at fault based on an investigation by the police
Investigation report by the police- if the accident is severe the police will conduct an investigation after the accident is cleared. This will be added to the police report
All of these things should be in any police accident report.
After the accident you will need the report to move forward.
If you are involved in a car accident in Pahrump or anywhere else in nevada then call The Richard Harris Law Firm.
You can send us a copy of the police report for a review of your case free of charge.
Get a Copy of a Police Report After an Accident
Police reports are usually pretty easy to get after an accident.
After the accident you are usually given a business card from the responding officers with the name of the officers responding to your accident and the police department they work for and the phone number of the police department.
This is also important information, but on this card is a police report number and this information is the most important.
This number is the number to get a copy of the police report but also to reference anything having to do with your accident on the police side.
So usually after an accident, maybe within a week you can call the police with the reference number on the business card and the police will send you a copy of the police report.
The police will automatically send a copy to the DMV in the state that your license is from especially if a DUI is involved.
All insurance companies will need a copy of the police report and can easily get one on their own.
This is something the insurance company should do, you should not get a copy of the police report for the insurance company.
When you hire an attorney after an accident like The Richard Harris Law Firm, that’s something we can do for you.
We can get police reports and speak with the police and investigators for you.
Will The Police Report Help Your Injury Claim
Police reports contain vital information and the observations by the police officers on the scene of the accident.
However, in Nevada under the hearsay rule police reports are generally inadmissible at trial or arbitration unless the parties agree to admit it into evidence.
So even though they are not admissible in court, police reports can be a valuable tool during any negotiations with insurance companies or other parties legal counsel.
What if during the accident you were severely injured and don’t remember what happened?
The police report can help fill in the blanks especially since it is taken by an impartial party.
That’s why having a police report is essential and having a good attorney like The Richard Harris Law Firm to be able to use the police report in your favor.
We get the best settlement for our clients and we use things like police reports to negotiate those settlements.
Why Contact The Richard Harris Law Firm
The Richard Harris Law Firm has been Nevada’s best accident firm for over 40 years.
We have over 40 years of experience handling some of the most difficult cases in Las Vegas.
Always hire a lawyer to help you after an accident.
We fight for our clients and will get the best settlement available
We have recovered over $1 Billion for our clients over the years
Our clients pay nothing until we recover a settlement for you
Getting Maximum Compensation
After an accident, contact an attorney right away.
At The Richard Harris Law Firm we will work to get you the highest compensation available.
Insurance companies and lawyers for other parties will try to pay the minimum or deny the claim altogether.
Getting good evidence such as police reports improves your chances of getting a better settlement.
By gathering the accurate information including police reports, medical treatments and bills, photos or video of damages to your vehicle at the scene, and the repairs after the accident helps create a picture of what happened.
The Richard Harris Law firm can gather all this information for you and use it to get the most compensation available.
We will never take the first lowball offer and use all the evidence to fight for you.
Just remember insurance companies are a business and therefore in the business of making money.
So even if you’ve never had an accident or claim and have paid them every month they will do their best to pay as little as possible or not pay at all.
I know that sounds crazy but it’s true.
So always hire an attorney after an accident to make sure you get what your claim is worth.
Call a top personal injury attorney for a free consultation or case review.