Available 24/7
Las Vegas 702.444.4444
  Reno 775.222.2222
Get Help Now
Personal injury lawyer of Richard Harris Law doing research for a case
Top Car Accident Lawyer in Henderson


Legal Blog by Las Vegas based Richard Harris Law Firm

loading dock injury lawyers

Filed under: Blog

September 23, 2022

Loading Dock Injury Lawyers

  Loading Dock Injuries in Nevada Everything we use and that we get from stores must be shipped from one place to another. This shipping is a very confusing and difficult process as we all…

Read more

 

injury from loading dock accident

Loading Dock Injuries in Nevada

Everything we use and that we get from stores must be shipped from one place to another.

This shipping is a very confusing and difficult process as we all have seen since Covid began.

Even though forced lockdown is over, we are still stuck with shipping and logistic issues.

Many people are not aware of what actually goes on to get the goods to the stores where the average American buys them.

When shipping products truck drivers pick products up from one place and deliver them to another.

Many of us think about Amazon, UPS, FedEx, etc.

But this involves many people doing many jobs and at the heart of the operation is the loading dock worker.

The loading dock operator is responsible for operating heavy machinery and loading all goods to and from trucks.

These jobs at loading docks can be very dangerous due the machinery needed to load and unload trucks, the sheer volume of products being loaded and the fast paced environment on a loading dock.

These jobs are highly skilled careers and loading docks operators are usually paid well but they take a serious risk of injury or death everyday.

Even though there are safety procedures that are in place by most employers and safety laws that the government regulates, accidents happen all the time.

If you were injured while working at a loading dock in Nevada call Richard Harris Today.

Sspeak with an attorney who knows workers compensation laws before you speak with your employers insurance company.

 

Types of Loading Dock Accidents

Loading docks are big places with fast paced environments with lots of merchandise in and out and deadlines for moving that merchandise.

Since this is the case loading dock areas of warehouses are grounds for many different workplace accidents.

Some of the more common loading sock workplace accidents are:

  1. Caught in between- This is when a loading dock worker gets stuck between two pieces of equipment. For example the worker could get trapped between the back of a tractor trailer and the loading dock itself, or a worker gets stuck in between a pallet and a forklift. This is the most common of this type of accident. Stuck between accidents can result in serious injury including crushing injuries and in some cases even death.
  2. Workers getting hit- Workers can be hit by truck drivers that don’t see the dock worker or the fork lift operator , other falling equipment can stick a worker at any time. These injuries can be anything from Traumatic Brain injuries to back and neck injuries.
  3. Falling accidents- Fall incidents including falling off the loading dock itself, mostly happens during raining or other inclement weather. Most loading docks are around 4 feet off the ground and falling accidents can be quite common. This can also include falling merchandise or equipment that hits a dock worker.
  4. Trailer separation accidents- This happens when a tractor trailer pulls up to the loading dock to either drop a trailer full of goods off or drops an empty trailer that needs to be filled by the dock workers. When a trailer separates from a truck cab and everyone isn’t properly prepared serious injury can occur. These accidents are caused by
  • Not following the warehouse dock safety policies
  • Failure to set breaks
  • No safety equipment in place
  • If safety equipment was in palace failure to use it properly
  • Miscommunication between dock workers and truck drivers
  • Weight shifting of the truck

 

Who is Responsible for Loading Dock Safety

The responsibility for a loading dock safety depends on the circumstances of the merchandise being loaded.

If the driver of the truck is only driving one particular item for example couches and all that driver does is move furniture for a furniture store then the driver is responsible for checking and securing the load of furniture before traveling.

If on the other hand the driver has multiple stops and picks up a variety of items to fill a truck the warehouse and loading dock employees are responsible for the security of the merchandise.

Items are usually stored on loading docks on pallets or cages for easy loading with the use of a pallet jack or forklift.

This equipment can sometimes malfunction and the warehouse in some cases the pallet jack or forklift company may be held responsible for your injuries.

The warehouse can also be held liable for damages when not following general safety rules or federal safety laws.

An experienced personal injury attorney can determine who is ultimately responsible for your injuries in a loading dock accident.

 

Injured in a Loading Dock Accident at work

There are a few steps that we advise you to take when injuries in a loading dock accident:

  1. Seek medical attention immediately no matter what. Even if you don’t think that you need to see a doctor you should always go immediately after an accident. You may have injuries that are not visible like a concussion or internal injuries. Also injuries like neck and back back injuries can worsen without medical treatment.
  2. Immediately report the accident to your employer, you should report the incident to your immediate supervisor and human resources.
  3. Follow all your employer’s procedures for reporting the incident and getting medical treatment. Most employers have specific doctors or hospitals that their employees must go to when injured on the job. This is due to workers compensation insurance.
  4. Document everything and keep good records of everything.
  5. Contact a personal injury attorney that has experience in workers compensation cases.

 

Workers Compensation Insurance

Workers compensation insurance is required for all businesses in Nevada.

Workers compensation insurance is insurance paid by your employer that covers all employees while they are working.

This insurance is only used when a worker is hurt on the job.

That’s why some employers require you to go to certain doctors because these doctors are part of the workers comp package.

If you choose to go to your own doctor you may have to pay out of pocket until your case is resolved.

Workers comp insurance requires lots of paperwork and deadlines.

Workers compensation will cover medical expenses and a portion of your wages when injured on the job.

That’s why hiring a personal injury attorney that specializes in workers compensation cases.

An experienced workers comp attorney can file all the necessary paperwork with the workers comp insurance company and can often determine if more than one party is responsible for your work related injuries.

 

Third Party liability in loading dock accidents

Since loading dock areas are always in and out.

There might be multiple companies working in the same area for example at the local industrial complex, many companies rent warehouse space that might funnel into one loading dock area.

This means the victim of a loading dock accident might have multiple parties to file claims against.

If you are injured while working a loading dock it is possible to file negligence claims against multiple parties if you feel they are partially responsible for your injuries.

Besides dealing with your employers workers compensation insurance you may have to file a claim against the following;

The manufacturer or the reseller of faulty or malfunctioning equipment

The owner of the warehouse where hazardous or unsafe conditions exists

Truck driver or trucking company

Outside contractor

 

These are all parties that may be held responsible for some or all of your injuries. Having a consultation with a personal injury attorney can determine who to file a claim against.

 

Call The Richard Harris Law Firm

If you or a loved one has been injured in a loading dock accident call The Richard Harris Law Firm today as soon as possible.

We can review your case with a free consultation.

We can determine what parties we may file against to be held accountable for your injuries.

When we take your case we will file all your workers compensation insurance paperwork to file a workers comp claim.

We will prepare you for what may take place with your case and what to expect from your case and your workers comp claim.

We will attend all court or mediation hearings with our clients.

We will get you the maximum settlement available by law.

We have been working with workers comp cases for over 40 years in Las Vegas and all of Nevada.

Call or schedule a free consultation today.

tesla car crash

Filed under: Blog

September 21, 2022

Door Dash Accident Lawyer in Las Vegas

  DoorDash Accident Lawyers Can we even remember what life was like before Uber, Lyft, and DoorDash? If you wanted to go somewhere and not drive you had to phone order for a cab, and…

Read more

 

DoorDash Accident Lawyers

Can we even remember what life was like before Uber, Lyft, and DoorDash?

If you wanted to go somewhere and not drive you had to phone order for a cab, and if you lived in a smaller community they were few and far between.

Sometimes if you lived in a smaller town you might not be able to get a ride at all.

Food was limited to dine in at restaurants, cook at home or go and get take out that you had to pick up.

But DoorDash changed the game of food service delivery.

Especially during the pandemic some restaurants survived on the take out business since they were not able to be open indoors.

People were also able to take delivery left at their front door without any contact.

So generally speaking, DoorDash is a great technology driven company that for the most part provides a great service to the public.

If you are ever injured in an accident with a DoorDash driver (or if you’re injured while driving for DoorDash) then call us ASAP.

There is a good chance our traffic camera accident center in Vegas recorded the video footage if you were hit by a DoorDash driver.

Don’t Fight DoorDash Alone

If you were a driver and were involved in an accident with a DoorDash driver or a DoorDash driver that was involved in an accident while driving for DoorDash you need to contact Nevada’s most experienced DoorDash accident attorneys.

Our lawyers can evaluate your claim and provide you with the legal advice you’ll need to move forward with a case against the parties involved in the accident that caused your injuries.

DoorDash is a large tech company with a legal team on speed dial.

Don’t try and go up against them without a legal team of your own.

If you were injured in an accident involving DoorDash call the Richard Harris Law firm today for a free consultation.

 

injury from doordash car crash

The Injuries From a DoorDash Accident

All accidents are different.

Like the accident itself the injuries sustained in an auto accident can vary.

Injuries can be absolutely nothing, maybe a few bruises to the extreme and even death.

The injuries suffered in an accident depend on many factors including the vehicles involved, the location of the accident, how safely were the victims in the vehicle restrained and how fast the accident victims were going.

Other factors like weather, DUI, construction etc. can also play a role in the outcome of the accident.

Some common car accident injuries:

Back and Neck injuries

Brain Injuries (TBI) Traumatic Brain Injury

Spinal Cord Injuries

Broken Bones

Lacerations

Concussions

Scrapes and Bruises

 

As you can see the variation of injuries in a car accident can run from very minor to serve up to involving the death of a loved one.

If you have been injured in a car accident involving DoorDash or if a loved one has been killed in an accident involving DoorDash call your Nevada DoorDash attorney right away.

You have rights after an accident it doesn’t matter if you were working for DoorDash as a driver or were the driver of another vehicle that was hit by a driver for DoorDash you need to call an experienced DoorDash lawyer today.

 

Other Injuries Sustained from DoorDash Accidents

If you are a DoorDash driver there are many other ways you could be injured on the job. Some of the most common injuries don’t involve a car accident at all and happen when you’re not in your car.

Some more common injuries include:

  1. Slip and Fall
  2. Dog or other animal bite or attack
  3. Assault and Battery
  4. Robbery and Burglary

 

Depending on where the injuries occurred, and whether or not the premises were safe when you were attempting to deliver the food items you might be able to recover damages from the property owners.

If you were delivering to an apartment complex for example the owners or property managers have a duty to the renters and guests to keep the area safe.

If you were assaulted at an apartment complex you may be able to recover damages from the owners.

Since DoorDash drivers are independent contractors and not employees, DoorDash will most likely not be held responsible and you will not be able to recover compensation from them.

If however DoorDash is negligent in their care and duty to the general safety of its contractors then they might be held liable for your injuries.

Only an experienced attorney can help you find the at fault party to recover damages from.

Call The Richard Harris Law Firm today for a free consultation.

 

doordash insurance for car crash

DoorDash Insurance Coverage

DoorDash provides the drivers with $1 million dollars in insurance when and only when they are on the clock for DoorDash.

This insurance in contingent on the drivers personal insurance policy and the coverage only applies after the driver’s insurance policy pays out its limit.

The insurance from DoorDash only covers injuries suffered by the DoorDash driver and other parties involved in the incident.

If you are the DoorDash driver and your vehicle is damaged DoorDash might not cover your vehicle repairs.

If you are the accident victim of a DoorDash driver your vehicle might be covered by their insurance.

Since this insurance situation is just for gig or app based workers this area is new and can be very confusing.

The DoorDash website offers an insurance claim section that you can fill out on your own, however we never recommend this as an option.

Before you fill out any paperwork or speak with any insurance agent or a representative from DoorDash after an accident you should speak with an experienced DoorDash accident attorney.

 

compensation from doordash car accident injuries
hire the best vegas law firm

Compensation Available after a DoorDash accident

If you have suffered injuries after an accident with a DoorDash driver or if you were injured as a DoorDash driver you have the same rights to recover damages for the following:

  1. Medical Expenses
  2. Lost Wages – current and future
  3. Punitive Damages
  4. Pain and Suffering
  5. Property Damages

 

Any compensation that you might receive after an accident or injury depends on many factors.

The severity of the accident or injury, were you a percentage at fault at all in any case, and how much the accident will affect your current and future life.

These are just some of the factors that can affect the outcome of your case.

Always opt to speak with an attorney before you make any decisions about your accident or injuries.

Always seek medical attention first to make sure you are OK.

 

Call Richard Harris Law Firm For DoorDash Accident

The Richard Harris Law Firm has been Nevada’s premier personal injury firm for over 40 years.

Remember there is a statute of limitations in Nevada so don’t delay in getting help.

If you need a 2nd opinion or want to consider changing personal injury lawyers then call us today for help.

We have attorney’s that are experts in all types of personal injury including DoorDash accidents or injuries.

We offer free consultations and case reviews.

It doesn’t matter if you were involved in an incident with a DoorDash driver or you are the DoorDash driver that was involved in an incident we will review your case and give you the likely outcomes so you can decide what’s right for you.

We work on a contingency basis, therefore we take no money up front.

We only get compensated if we win your case.

We have an investigative team on staff to gather all the information needed to mount a case for you.

We will fight to get you the settlement you deserve.

We have recovered over a billion dollars for our clients over the years.

We are available 24/7 at our offices in Las Vegas and Reno, Nevada.

If you have been injured in an accident with or as a DoorDash driver call The Richard Harris Law Firm today.

 

DoorDash History and Gig Economy

DoorDash was founded by students from Stanford University in 2013.

Using the DoorDash app a customer will order what they want from a participating restaurant.

The order is placed at the restaurant and sent to a nearby available driver.

The restaurant prepares and packs up the meal ordered and the driver who accepts the order picks it up from the restaurant and delivers it to the waiting customer at their home or business.

DoorDash has thousands of restaurants from convenience stores to 5 star restaurants.

DoorDash charges the customer a service fee and delivery fee, they also charge the restaurant a percentage of the meal price.

DoorDash also asks for a tip for the drivers, the tip goes directly to the drivers or that’s what DoorDash says.

DoorDash provides many with gig jobs as they are called. Usually part time work to make extra money.

But this comes with its own set of issues.

As a gig worker are you employed by DoorDash or are you an independent contractor?

This is a very important distinction when it comes to accidents involving a DoorDash driver or if you are a DoorDash driver that was involved in an accident while driving for DoorDash.

Las Vegas NV speeding car accident injury

Filed under: Blog

September 21, 2022

Speeding Causes Accidents and Injuries

  Speeding Car Accident Lawyer Speeding is one of the leading reasons for serious car accidents resulting in serious injury or fatality in the US. These accidents are more serious than other accidents and kill…

Read more

 

Speeding Car Accident Lawyer

Speeding is one of the leading reasons for serious car accidents resulting in serious injury or fatality in the US.

These accidents are more serious than other accidents and kill more people every year than drunk driving accidents.

If you have been injured in a serious speeding accident you need to call an experienced accident lawyer and The Richard Harris Law Firm has over 40 years of experience with speeding accidents in Las Vegas and all of Nevada.

We can help you get the most compensation for your speeding car accident injuries.

Call today for a free case review.

We will tell you what you can expect if we go forward with your case.

We will be with you every step of the way.

We take speeding car crash cases on a contingency basis so you never pay out of pocket for any of our services.

We only recover payment if we win your case.

 

speeding kills

Statistics of Speeding Car Accidents

The National Highway Traffic Safety Administration ( NHTSA) collects data about car accidents in the US. According to  NHTSA in 2019 speeding was the key factor in 27% of all fatal crashes in the US.

The data collected also states that 9,717 people were killed in speeding accident incidents in 2019.

That is double the number of people that were killed in drunk driving accidents in the same year.

In 2017 the NHTSA reported that 37,461 people died in car accidents in the US. 9527 of those deaths were killed as a result of speeding related accidents, that is 25% of all accidental deaths caused by speeding.

This report also shows that in 2017 speeding killed more people than drunk driving and texting accidents combined.

In the same year 2017 2.5 million Americans were injured in car accidents 23 % of those were from speeding accidents or 574,000 people were injured in accidents related to speeding.

 

Why is Speeding so Dangerous

Speeding is dangerous on any roadway because the risk of a serious or fatal accident increases as the speeding car goes faster.

Speeding leaves the driver of the vehicle with a significantly reduced reaction time to any situation that may come up.

Less reaction time to slow down or stop if needed at a stop sign, red light, or any other type of car crash.

Excessive speed increases the chances of the driver hitting another vehicle or a pedestrian.

Speeding also increases the severity of the accidents that happen because of speeding drivers.

Most rollover accidents are caused by speeding accidents.

Rollover crashes are some of the most deadly of all crashes because the passengers are more likely to perish or be seriously injured when a car rolls over in an accident.

 

How is a Speeding Accident Investigated

All serious car accidents are investigated in the same way but for accidents involving excessive speed there are few other factors that police will investigate including:

  1. Speed of the vehicles involved
  2. Road conditions at the time of the accident
  3. Was the driver obeying the speed limit or exceeding it
  4. Traffic patrons at the time of the incidents
  5. Other factors such as drunk driving or texting were involved
  6. Did the driver attempt to slow down or stop before the crash

Police will investigate all aspects of the crash to determine who is at fault using witness statements, video surveillance, police reports from responding police officers, and reconstructing the accident scene.

 

causes for speeding accidents

What Causes a Fatal Speeding Crash

Speeding accidents that cause a fatality are usually due to many reasons but the main ones are:

  1. Drunk Driving – Drunk driving reduces your ability to react fast and your reflexes are slowed down. Since your reaction time is also slower you will not be able to stop as quickly if you are speeding.
  2. Distracted Driving- This includes texting , talking on the phone, eating and even putting on makeup are all considered distracted driving. Being distracted and not paying attention when speeding can cause a fatal crash
  3. Reckless Driving- For example street racing is considered reckless driving and involves speeding and putting other law abiding people at risk

 

Proving Liability in a Car Accident Involving Speeding

If you were the victim in an accident that was caused by a driver that was going over the posted speed limit it is important to prove that the speeding driver was liable for the crash.

Speeding itself is considered negligent since you are endangering others by speeding.

So you must prove liability of the speeding driver by :

  1. Proving the driver was actually speeding
  2. Proving the driver was driving in a reckless manner while speeding
  3. Showing that the driver was distracted while speeding
  4. Showing that the driver was under the influence of alcohol or drugs

 

An experienced personal injury attorney may decide to hire a crash reconstruction expert to prove the neglect or liability of the speeding driver.

We do whatever it takes to help our clients.

The crash expert can reconstruct the accident scene and determine how fast the other driver was going.

An experienced personal injury attorney may even have a crash expert on staff to investigate the accident and get you the settlement you deserve.

 

rib injury in accident with speeding driver

Speeding Car Accident and Injuries

The potential for serious injury increases significantly when high speed is involved.

For example the NHTSA has determined that the risk of death increases by 75% when the driver is going over 55 miles per hour.

Driving at high speed puts the driver and others on the road at risk of serious injury or death.

The most common injuries that occur in a speeding car accident are –

If you are ever involved in an accident involving a speeding driver you should always seek medical attention immediately.

You may have injuries that you cannot see right away.

There is a legal standard for damages that come from an accident.

Monetary compensation usually includes medical expenses, property damage, and lost wages.

Non economic damages can include pain and suffering , emotional distress, and loss of consortium.

The Richard Harris Law Firm are experts at car accidents involving speeding drivers.

We know this can be a devastating time for you and we will do everything to get you the settlement you deserve.

 

What Should I Do if a Speeding Motorist Hit Me

If you are ever hit by a speeding driver causing an accident there are a few things that you should do right away no matter what the accident situation

  1. Seek medical attention- You may think that you are not injured and there is no need to head to the hospital but go no matter what. You may have injuries like whiplash, or a concussion that are injuries that you cannot visibly see or may not show until later. Not seeking medical attention can have a negative impact on your settlement case.
  2. Take photos and video of the crash scene- This can be used as evidence in a court proceeding.
  3. Get a police report- The police report will have all the accident information and the police often determine who is at fault and how fast they were going.
  4. Contact an experienced personal injury lawyer– In Las Vegas that lawyer is the Richard Harris Law Firm. Before you speak with anyone else we encourage you to speak with a personal injury attorney.
  5. Keep excellent records- Start a folder or binder of all accident related expenses including medical bills. This will help with determining how much of a settlement you may be entitled to.
  6. Do not speak with the other driver’s insurance company or lawyer on your own. Do not give a written or recorded statement before you hire an attorney.

 

What To Expect After a Car Accident

As we have stated you should seek medical attention first.

Once you have received medical attention for your injuries you need to contact an experienced lawyer about your options.

You can be compensated for your accident in one of two ways

  1. A settlement from the insurance company- You must contact your insurance company after an accident no matter what. In most cases the person who is at fault will use their insurance to cover your expenses. But just know that the insurance company is a money making business and they are not on your side. Insurance adjusters will try to get a recorded statement from you and they are also looking for any way to either deny or reduce your claim. An experienced injury attorney will negotiate with the insurance for you. If the insurance company offers a settlement that is below what is believed to be fair then the second option is to file a lawsuit against the insurance company and the other driver.
  2. Filing a lawsuit can help you receive compensation- Sometimes the insurance company will deny the claim and refuse any compensation for the accident victim. If this happens your attorney will file a lawsuit on your behalf. If your attorney wins your lawsuit the compensation can be much greater than what the insurance company could have paid you anyway. Lawsuits can take up significant time and be very expensive, however a good injury lawyer will not take any money up front and work on a contingency basis so they only collect money if they are in the case.

Call The Richard Harris Law Firm if you were injured in an accident involving a speeding driver.

We have over 40 years of experience in Nevada.

airbnb injury accident lawyer

Filed under: Blog

September 16, 2022

Airbnb Injury Lawyer in Las Vegas

  Airbnb Accident Lawyers in Las Vegas NV Airbnb didn’t exist until 2008 and wasn’t even really that popular until a few years ago. Now we can’t even imagine life without the app that rents…

Read more

 

Airbnb Accident Lawyers in Las Vegas NV

Airbnb didn’t exist until 2008 and wasn’t even really that popular until a few years ago.

Now we can’t even imagine life without the app that rents everything from bedrooms in a private home to luxury mansions.

Airbnb offers the unique service of being a broker to a group of people interested in temporarily renting out space and guests who would rather not stay in a hotel.

This can be from one day to an extended period of time.

Some people even make a living renting out Airbnb space.

So Airbnb is an invaluable tool to us now and most of us don’t remember before Airbnb existed.

Airbnb is not without its issues though.

There have been reports of mayhem parties that have destroyed homes by renter through Airbnb.

There have been reports of hidden cameras in bedrooms and bathrooms by Airbnb homeowners.

Reports of sexual abuse at an Airbnb resisdence.

Airbnb reports that it does background checks on all renters and owners but it does say they are limited.

Most of the time an Airbnb transaction runs smoothly but who is responsible when it doesn’t ?

 

who is liable for airbnb rental problems

Who is Responsible for my Injuries at an Airbnb

Who is liable in an Airbnb accident solely depends on what caused the accident in the first place.

In order to place a claim against Airbnb or its owners you must prove negligence.

For example, if you fall down a flight of stairs because you were drunk while partying and you get hurt.

You will be held responsible for your injuries because you were actually at fault.

If on the other hand you were just walking the stairs and they fell out from under you because they were poorly constructed or not maintained properly then the owner and Airbnb might be held responsible.

Knowing the accident details becomes very important when considering taking action against Airbnb and the homeowners.

 

airbnb slip and fall injury law firm

Common Accidents / Injuries at Airbnb Rentals

When we talk about injuries that happend while renting an Airbnb, they are typically premise liability claim type situations.

Don’t delay in getting help if you’ve been injured at an Airbnb rental in Las Vegas, call Richard Harris Law Firm today.

Below is a list of typical accidents –

  1. Slip and falls
  2. Swimming pool (drownings, slips)
  3. Elevator accidents
  4. Fires or explosions
  5. Electrocutions
  6. Structural collapse of a deck or balcony
  7. Dog bites

Another part of premises liability is the owner’s responsibility for the safety and security of the guests while on the premises.

A renter might want to pursue a claim if they feel the security at the Airbnb rental wasn’t sufficient and they were assaulted, sexual assault, or assault with a deadly weapon.

  1. Negligent Security could involve
  2. Broken alarm system
  3. Broken or missing lighting
  4. Doors and windows that don’t lock properly
  5. Broken fences or gates
  6. Lack of security cameras

Don’t just assume that all Airbnb rentals are safe and taken care of properly. Sadly many people who rent an Airbnb get injured due to no fault of their own.

Call Richard Harris Law Firm today for a Free consultation in Las Vegas.

 

injury from airbnb rental

Injuries From an Airbnb Rental

As we know, an injury can happen at anytime, anywhere.

If you have been injured while staying at an Airbnb don’t just sit and assume the homeowner and insurance company are going to help you.

You need to take action immediately and call us today for help.

We are here 24 hours a day, 7 days a week to help.

  1. Broken bones (ribs, arms, etc.)
  2. Neck and back injuries
  3. Knee injuries
  4. Head injury
  5. Spinal cord injury

 

 

Types of Insurance Coverage Airbnb and the Owners

Airbnb host protection insurance- Airbnb like other tech service apps have a unique situation and therefore have a unique insurance policy.

Airbnb offers its host and guests $1 million in liability insurance or damage or injuries to guests, property or a third party from check in to check out through Airbnb.

Since this policy is considered primary liability insurance you must file a claim through Airbnb for any injuries or damages first before filing against the owner or host.

To file a claim with Airbnb you must file an insurance claim providing details of the injury or accident just like if you were in an auto accident.

The insurance adjuster whose job it is to work for the insurance company and save them money will review the claim, gather information and try to settle the claim for as little as possible.

Call Richard Harris Law Firm for Help!

We advise you not to speak with or fill out any forms from the insurance adjuster until you speak with an experienced legal team.

There are many things that the Airbnb $1 million dollar policy doesn’t cover including anything related to vehicles such as automobiles and other mobile equipment unless it is included in the rental.

For example if the owners live on a golf course and have a golf cart that you can use while staying at the property it might be covered but the owner must disclose this when renting via Airbnb.

Homeowners insurance- If you were injured in an Airbnb and it was a residence address then you might be able to recover from the owners homeowner policy providing that the Airbnb host liability insurance doesn’t apply or your injuries exceed the million dollar policy.

However it must be pointed out that most homeowners policies do not cover Airbnb incidents.

If a host wants to include Airbnb in their homeowners policy they must add an additional policy to the homeowners.

 

Landlord Insurance – This is insurance intended for landlords who do not actually own the property but rent out via Airbnb. In this case the Airbnb host insurance might not be valid because of the owner landlord situation but the landlord may have coverage like homeowners for the landlord. This insurance is usually limited because of the unique owner/ operator situation.

 

Travel Insurance- Some might not agree but I think travel insurance is a great idea especially in these times. If you purchased travel insurance before an Airbnb trip that policy will usually cover your losses. This is based on how much insurance you purchased, this might only cover some of the expenses.

But what insurance company do I contact first?

The right answer is no, you should always contact a legal expert before you call any insurance company.

Injured at an Airbnb in Nevada you need to call The Richard Harris Law Firm.

We can review your case for free before you contact the insurance company.

 

airbnb host duties

Airbnb Host Duties to the Guest

Just like a business or residence has a duty of care to provide a safe environment for their patrons or occupants, Airbnb hosts are held to a similar duty of care if not even held to a higher standard.

Airbnb as a company has guidelines it offers to its hosts, the company offers ways that the hosts can adhere to that duty of care.

For example Airbnb suggests that a host provide a list of house rules and a guests manual that will include all house rules and anything to be aware of while visiting.

Also whether or not certain things are off limits or area hazards for example if you live near water what the rules are.

In Nevada all short term rental property must be inspected by the city.

The city issues a Conditional Use Verification Permit (CUV) to the owner allowing them to rent via Airbnb.

The inspector, like a health inspector, will verify all safety issues are met , such as fire extinguishers, smoke and carbon dioxide detectors are installed and in working order.

Las Vegas also requires that besides the Airbnb hosts insurance that the owner is required to carry a minimum of $500,000 in liability insurance.

This is also considered as a duty of care from the hosts to the guests while renting through Airbnb.

These duties are the responsibility of the hosts from the beginning of the rental agreement until the guests leave the premises.

Guests of Airbnb are also held to a standard of care to be good guests at the hosts residence. Some of the “ House Rules” as Airbnb calls them include:

  1. No parties
  2. No loud Noise
  3. No pets
  4. No Smoking
  5. No food or drinks in certain areas

So as a guest you also have a duty of care that you are required to adhere to while staying at an airbnb.

 

How Can an Airbnb Injury Lawyer Help you?

If you have been injured at an Airbnb residence but the injuries or accident is minor then you should contact Airbnb and file a claim.

This should be fairly simple and easy but just as a note of warning dealing with insurance adjusters is never easy no matter how small the claim.

Insurance adjusters work for the insurance company and their job is to save the insurance company money.

They will use anything you say against you to try and minimize or deny the claim. That’s where an experienced Airbnb lawyer comes in.

If you were severely injured in an Airbnb incident then you need to call The Richard Harris Law Firm.

We will deal with the insurance adjusters from Airbnb.

We will also be able to decide who is ultimately responsible for your injuries since deciding who to file a claim against can be confusing.

The Richard Harris Law Firm can give you a free case review or consultation.

During a consultation we will advise you what to expect from us and from your claim in general, for example how long it will take, what is the possible outcome, and what might the settlement be.

We work on a contingency basis, so we take no money up front.

We only get paid when we win your case and recover damages for you.

We have been doing business in the Las Vegas community for over 40 years. We have recovered a billion dollars for our clients.

Call The Richard Harris Law Firm today to speak with our experienced team of lawyers if you were injured in an accident at an Airbnb.

Even if you think you were partly at fault you should always get a legal opinion call today.

Las Vegas NV airport injury

Filed under: Blog

September 15, 2022

Injured at The Las Vegas Airport

  Injured at Las Vegas McCarran Airport? Everyone is back to being in a hurry post pandemic. The airport has always been a  busy place, people going from one place to another all in a…

Read more

 

Injured at Las Vegas McCarran Airport?

Everyone is back to being in a hurry post pandemic.

The airport has always been a  busy place, people going from one place to another all in a hurry to get there.

This creates the perfect storm for accidents, any trip business or pleasure can turn into an absolute nightmare when accidents at the airport happen.

If the accident or injury is severe enough you may even have to cancel your trip and wouldn’t that stink?

If you are injured at the airport the blame game may become confusing, so who is responsible and can you recover for your damages including the canceled trip?

Since airport accidents and recovery can be difficult to say the least, it is best to hire a personal injury attorney who knows the details of airport injury recovery law and who to contact after an airport injury.

Call The Richard Harris Law Firm today if you were injured at McCarran Airport or The Reno Airport.

 

who is liable for airport injuries

Who is Liable for an Airport Accident

Like all other accidents or injuries the party who causes the accident or injury is responsible.

This can be an airline, a worker of the airline, businesses in the airport such as food vendors or their employees, other airport passengers are all parties that can be held accountable for an accident or injury at the airport.

In cases of airlines you may not have to prove negligence to get a positive outcome to your claim.

 

Common Injuries at The Airport

Of course there are many ways somebody can get injured at an airport, but below we listed some of the ways.

If you’ve been injured at McCarran airport in Vegas then call Richard Harris Law Firm today.

  1. Injured in an elevator
  2. Injured on an escalator
  3. Injured or assaulted by an employee
  4. Injured waiting for the plane (broken chair, glass, etc.)
  5. Injured in baggage claim
  6. Slip and fall
  7. Chemical exposure

 

 

 

Airport Accident Legal Liability

As with all business, a reasonable amount of care and safety is considered the general rule when holding people or businesses to a standard of care.

When businesses or individuals don’t use this rule and actions contribute to the injury or accident then they can be held liable due to negligence.

For example, if you’re leaving the plane and the airport staffer did not properly set up the exit ramp and rushed it, and you fall because it wasn’t secured properly the staffer representing the airline can be held responsible because they did not use the standard of care and safety.

 

Government Owned Airport and Accident laws

Most large airports in the United States are owned and operated by government agencies.

In Nevada McCarran Airport is owned and operated by Clark County.

If you are injured at the airport and the airport itself is responsible there are special laws and limits that apply since the owner is a government agency.

In Nevada there is a monetary cap of $100,000 that applies to all lawsuits against the airport or in this case the government agency.

This law applies to all suits against any government agency in Nevada.

Filing a suit against a government agency can seem like it would be daunting.

It is not especially difficult, but you should be aware of the special circumstance like monetary caps on liability.

That’s why when you are injured at the airport it’s important to hire an attorney with experience in airport injury law.

In certain cases you must file a notice of claim with government agencies like airports.

This notifies the airport that you plan on filing a claim against them and gives them the opportunity to settle with you before going to court.

In regular claims against a person or insurance company this is usually not the case.

 

Private Businesses and Airport Accident Laws

As we all know inside the airport there are plenty of businesses that operate besides the airlines itself.

Snack shops, newsstands, even manicure places operate inside the airport everyday.

All of these businesses can be held responsible for negligence if an accident occurs at their place of business.

The regular rules for duty of care and negligence apply to these businesses.

For example, say you are at the airport bar next to your gate and getting a cocktail before your flight.

You slip on the wet floor because someone spilled a drink, but the bar did not clean it up in a timely manner, even though the employees did not spill the drink the bar can be held accountable because they were negligent in not cleaning up the spill and therefore responsible for your fall.

As the victim of the fall you are entitled to damages from the bar and the company that owns the bar in  the airport.

However in this case you would not be able to file a claim against the airport itself.

An experienced attorney can direct you to the right business or person to file a claim against.

 

montreal agreement
hire the best vegas law firm

Airline Injury and the Montreal Agreement

The Montreal Agreement is an international agreement among air carriers that makes filing a claim for injury streamlined and easy for the victims of injury.

If you are injured on a plane regardless of where you can file a claim under the Montreal Agreement from anywhere.

The claims however are limited to $150,000 without the proof of negligence.

If you can prove the airline or its employees were negligent then you can possibly recover more than the cap of $150,000.

The Montreal agreement only applies to injury or death while on the plane or in the plane.

It does not cover incidents that occur in the airport.

For example if you experience severe turbulence while in flight and are injured in the course of the flight you will file your claim under the Montreal Agreement.

If you fell at the bar you will file a negligence claim against the bar, and if you were hurt riding the escalator at the airport the airport is the responsible party.

This seems like it’s confusing right?

That’s why you should always speak with a local personal injury lawyer who can determine who you should file a claim against.

 

Comparative negligence and airport accident liability

In Nevada there is a comparative negligence law that basically says:

if your actions contributed to the accident or injury your claim may be reduced by the percentage the court deems you responsible.

Just like businesses have a duty of care and safety, you as the patron of the airport or the business in the airport have a duty of care and safety.

If you contribute to your accident then your award may be reduced by the percentage of the at fault portion.

If the court deems that you are 20% responsible for your incident then your award could be reduced by that 20%.

During your consultation a personal injury attorney can go over what the comparative negligence rule is with you.

 

Las Vegas Airport Accident Attorneys

If you have been injured in an accident at McCarran or any other airport in Nevada you need to call the Richard Harris Law Firm right away.

Never speak with any representative from the airport without a consultation with our firm first.

We offer free consultations and case reviews.

We will go over all aspects of your case and tell you exactly what you can expect and how long it will take.

We work on a contingency basis, meaning that we take no money up front and only accept payment when we win your case.

We have been Nevada’s Top personal injury firm for over 40 years.

We have recovered over a $ billion dollars in claims for our clients over the years.

We have offices in downtown Las Vegas and the Reno area for your convenience.

Comparative Negligence rule in nevada

Filed under: Blog

September 1, 2022

Geico Car Accident Insurance Claims Injury Lawyer

  Lawyer For Geico Car Accident Injury Claim If you have ever been in a car accident then you know that dealing with an insurance company and the adjusters can be very difficult because they…

Read more

 

Lawyer For Geico Car Accident Injury Claim

If you have ever been in a car accident then you know that dealing with an insurance company and the adjusters can be very difficult because they are known for denying legitimate claims.

Geico has a higher rate of denial than most other insurance companies, more than 50 % in some cases.

In every accident situation you need to deal with insurance adjusters, but dealing with a Geico adjuster can be less difficult with an experienced car accident lawyer.

With a personal injury attorney like The Richard Harris Law Firm you can get the settlement you deserve.

Contact the personal injury firm of Richard Harris for a free case review or consultation.

We will discuss filing a claim with Geico insurance for your accident claim.

It doesn’t matter what type of car crash, we can help – T-bone, rear-end, head on, stop sign, red light, etc.

Our Nevada team can handle your claim with Geico by negotiating a settlement with Geico or taking the case to trial if needed.

You don’t have to accept the low ball offer they will try and give to you just to close the case quickly, contact us today.

Similar to State Farm, you always want a good lawyer on your side.

 

Geico car crash claims stats

Geico’s Stats of denying claim over the years

2018- Geico denied 21.8% of bodily injury claims , that is 1.3 % higher than the national average.

2017-Geico had a 22.1% of car accident in general, again higher than the insurance average of 20.9%

2016-The average insurance industry denial rate was 21.1% but Geico denied 23.3% of its accident claims

Geico has a repeated industry denial rate than most other insurance companies.

 

Geico’s Past: Before they were an insurance giant

Geico is the second largest insurance company in America, offering auto insurance coverage for millions of drivers of cars, trucks, motorcycles and commercial vehicles.

Geico is a privately held company that provides insurance to every state nationwide.

Geico- The Government Employees Insurance Company was founded in 1936 to provide insurance to federal government employees and their families. Berkshire Hathaway. Yes, Warren Buffet purchased Geico in the 1990’s. They are headquartered in Chevy Chase, Maryland but service nationwide.

Geico offers various insurance options including emergency roadside service, accident forgiveness, online claims submissions, and express auto repair services at their repair shops.

Geico has been the fastest growing insurance company for some time, maybe because of the national marketing campaign with the cute Geico gecko.

 

dealing with Geico insurance adjusters
don’t fight the insurance companies alone

Dealing with a Geico Claims Adjuster

There are some very important steps to take after an accident

  • Call The police to report the accident and get a police report
  • Call your Geico insurance and report the accident
  • Make sure you have the other driver’s information like name , address , phone number and driver’s license information
  • Get the names and contact information of any witnesses
  • Take photos and video of the accident and any damage to all vehicles involved in the accident
  • Go to the doctor and get a full examination, even if you don’t think you were hurt you should go get checked out you might have injuries that you can’t see or injuries that might be painful later. Also keep all medical expenses and records
  • Keep all records of any expenses related to the accident including car repairs, rental cars, towing , medical expenses and lost wages from missed work.
  • DO NOT give a recorded statement or sign any documents without consulting an attorney, insurance companies will use these statements against you.
  • Contact an experienced personal injury lawyer before you speak to an adjuster and to help you deal with your geico claim

Having an experienced team of lawyers can help you deal with the Geico claims department so you can get the settlement you deserve.

Geico will try to pay less than what you deserve, having an attorney can assure that you get what you rightfully deserve.

Remember there is a statute of limitations in Nevada so don’t wait, and if you need a 2nd opinion call us today.

 

Filing an Accident Claim with Geico

When you’re in an accident you must notify Geico of the accident as soon as it happens.

Geico uses charts and graphs and everything has a dollar value including death.

Geico will try to pay as little as possible of an insurance claim.

A good injury lawyer with all the information can formulate what the settlement offer should be before even speaking with a geico claims adjuster.

A settlement will include medical expenses and the treatment you need, and dealing with and the total amount of money that it will take to make you whole again.

The Richard Harris Law Firm has been representing clients and dealing with Geico insurance for over forty years in Las Vegas, Reno and all of Nevada.

Geioc’s claims adjusters will try to quickly evaluate and settle claims before the accident victims realize that they have taken a settlement offer that might not even cover their expenses.

Even though you pay into your insurance and rarely use it, Geico will try to use fear tactics to make you settle for a lower offer just to close the case and keep their costs low.

Geico uses a three tiered system in the claims process:

  1. Speaking with a Geico insurance adjuster
  2. Getting an appraisal from the insurance appraiser
  3. Having to deal with the insurance Umpire

 

state Geico insurance accident claims

The Geico Insurance Adjuster– This is the person assigned to you by Geico. They will investigate your claim and may be responsible for offering you a settlement. They gather evidence and will try to limit the cost to Geico. This may be your main point of contact during the claims process so it’s best to be patient and professional. But before speaking with them you should always seek legal advice.

The Appraiser- This is usually a third party hired by Geico to place a dollar value on your case including personal property like the value of your vehicle.They should be a neutral party that has no stake in the outcome of your claim. If you don’t agree with the appraiser then you can always ask for a second opinion.

The Insurance Umpire- Many people have never heard of this term, but this is the person that’s assigned to your case if you and the appraiser and adjuster can’t agree. This is also a third party, neutral to the case like the appraiser. The umpire will review all the evidence collected and make a decision. If you choose to go with the Umpire option the findings of the Umpire are binding and final. That means that you can not make any further claims and you can’t go to court.

These are the major players that you will be dealing with when filing an accident claim with Geico.

You should always have legal representation before you even begin this process.

You might be a Lyft driver, UPS, or even work for the city in a garbage truck driving job, but if you’ve been injured we are here to help.

 

What your Geico Settlement Should Cover

Insurance coverage is required for all vehicles in the United States, with that coverage comes the right to recover for the following if in an accident:

  • Medical expenses- This includes immediate medical expenses from the day of the accident. Future or ongoing medical expenses like physical therapy. This should also include ambulance rides, hospital stays, surgery and medications.
  • Lost wages- Wages you lost from missing work after the accident. This includes time off for rehabilitation. If you are disabled this may include a monthly payments for living expenses.
  • Property damages- Any personal property that was damaged during the accident, this includes repairing or replacing your car.
  • Other out of pocket expenses- Rental car expenses, cash payment for medications are included in this. Be sure to keep receipts and records. This category can also include pain and suffering.

The bottom line is that after an accident things can be difficult and dealing with an insurance company as big as Geico can be scary.

Geico will try to minimize their financial responsibility and settle as quickly as possible.

If you have been injured in an auto accident in Nevada and Geico was your insurance company call The Richard Harris Law Firm today.

Filed under: Newsletter

August 24, 2022

LAWYER SPOTLIGHT: Johnathan Leavitt

Johnathan Leavitt As a child, Johnathan Leavitt grew up in a family of lawyers, igniting his interest at an early age. His grandfather was the late Nevada Supreme Court Justice, Myron Leavitt. For Johnathan, personal…

Read more

Johnathan Leavitt

As a child, Johnathan Leavitt grew up in a family of lawyers, igniting his interest at an early age. His grandfather was the late Nevada Supreme Court Justice, Myron Leavitt. For Johnathan, personal injury law intrigued him the most in law school and he excelled in it. Ultimately helping an injured person pursue and hold a negligent tortfeasor accountable appealed to Johnathan and led to him finding his right-fit place in personal injury law.

For Johnathan, the opportunity of helping those in their greatest time of need, especially when all odds are against them, is the best part of practicing personal injury law. He enjoys being an integral part of their recovery journey, helping those who need medical treatment and fighting for the compensation and financial recovery they deserve. Johnathan genuinely enjoys taking a case to trial and telling his client’s story to a jury.

Johnathan knew he wanted to be a part of the biggest and best in Nevada, so when he interviewed with Richard Harris Law Firm, he instantly knew he was in the place he was meant to work. The reputation, dedication to clients, and the firm culture were a perfect fit.

Johnathan earned his undergraduate degree from University of Nevada, Las Vegas, and completed his Juris Doctorate from University of Idaho College of Law. He is now a member of the Nevada Justice Association, taking part in significant legislative advocacy and lobbying for Plaintiff’s rights. Johnathan was also a recipient of Super Lawyers Rising Stars (Mountain States) nominations in 2019, 2020, 2021, and 2022.

A specific experience that stands out to Johnathan from his career is from a recent victory, achieved for a client after a week-long jury trial. The client was involved in what may have seemed like a low-impact rear end collision to others back in 2015. At the time of the accident, she was 65 and was genuinely injured as a result, yet only received a modest amount of medical treatment to return back to normal. The insurance company representing the negligent defendant refused to pay for her medical treatment. Johnathan took her case to trial and told her story to a jury, resulting in a judgment for 65 times the amount that the insurance company had offered to pay. The heartfelt gratitude that his client expressed to him sticks with him today.

Johnathan likes to live-by two mottos: Never let someone else outwork you; always be the hardest working person in the room and you catch more flies with honey than vinegar. Remembering these two things has allowed Johnathan to be someone his clients can confide in, but also be aggressive in the courtroom, while cordial and respectful.

Outside of the office, Johnathan loves to travel and see the world with his family. He enjoys playing sports, playing the piano, and watching MMA. We are proud to have Johnathan as part of our team and can’t wait to see his continued success in fighting for the help and compensation his clients deserve!

Filed under: Newsletter

August 24, 2022

RECENT VERDICTS & SETTLEMENTS – SUMMER 2022

Multimillion-dollar settlement for family of wrongful death victim pedestrian struck by shuttle bus in crosswalk Multimillion-dollar settlement for store customer struck by falling object Multimillion-dollar settlement for family of wrongful death victim of medical malpractice…

Read more

Multimillion-dollar settlement for family of wrongful death victim pedestrian struck by shuttle bus in crosswalk

Multimillion-dollar settlement for store customer struck by falling object

Multimillion-dollar settlement for family of wrongful death victim of medical malpractice

Multimillion-dollar settlement for family of wrongful death victim pedestrian struck by vehicle in crosswalk

7-figure settlement for rideshare driver struck by vehicle

7-figure settlement for motorcycle driver struck by vehicle

7-figure settlement for pedestrian struck by vehicle in crosswalk

7-figure settlement for driver rear-ended by truck

7-figure settlement for driver and passenger T-boned by tractor-trailer running a red light

7-figure settlement for driver struck by vehicle suddenly braking then traveling in reverse

Filed under: Newsletter

August 24, 2022

The Friendly Tow Truck Driver And Helpful “Witness” To Your Accident May Not Be Your Friends

Ambulance chasing lawyers illegally approach accident victims directly, without an invitation and solicit representation. These unethical lawyers pay “runners” and “cappers” to monitor police and other first responder scanners and Twitter feeds for a traffic…

Read more

Ambulance chasing lawyers illegally approach accident victims directly, without an invitation and solicit representation. These unethical lawyers pay “runners” and “cappers” to monitor police and other first responder scanners and Twitter feeds for a traffic collision dispatch or other emergency.

They immediately race to the scene to contact the victims of accidents. They are often rideshare drivers, tow truck drivers or a “witness” who supposedly just happened upon the scene, who offers to take pictures and videos and provide information about “their lawyer.”

The vulnerable unsuspecting injured accident victim is under a lot of stress, unaware these “helpful” folks are paid agents for an unscrupulous lawyer and are tricked into thinking this is their only choice.

Besides showing up at accident scenes, insider informants at hospitals, medical offices, and insurance agencies approach accident victims directly or provide private information to other runners and cappers who call to sing the praises of “their lawyer” promising large financial recoveries to lure the accident victim to sign a retainer agreement with the lawyer.

Runners and cappers are paid thousands of dollars in kickbacks for each signed “referral” in untraceable cash or gift cards.

Although ambulance chasers appear friendly and helpful, victims of these schemes end up with lawyers ill-suited for their personal injury case. Ambulance chasing is a crime in Nevada and most states. A lawyer willing to commit a crime to get your case, is unethical, unprofessional, and not trustworthy.

This leads to more damage to the accident victim from inadequate or incompetent legal representation. Insurance companies know who these dishonest lawyers are and often label their clients suspicious, assigning the case to the Special Investigations Unit, to delay or deny the claim.

HAVE YOU BEEN THE VICTIM OF ILLEGAL SOLICITATION?

Not every person who recommends an attorney is on the payroll of a dishonest lawyer. After an accident, seek the assistance of a personal injury attorney of your choice.

If the person recommending an attorney to you is not getting paid for their recommendation, there is nothing wrong with someone referring you to a good personal injury lawyer. But if someone you don’t know pushes you to hire a lawyer, don’t trust them. Don’t do it.

If you were pressured at the accident scene to hire a particular lawyer by a tow truck driver, or overly helpful “witness,” or later by hospital, medical provider, body shop, or insurance agency staff, you may be the victim of ambulance chasing.

We know these unethical lawyers, and some heavily advertise to cover their criminal conduct. If you have a pending personal injury case, and believe you were the victim of illegal solicitation, get a new lawyer. Your contract with the lawyer is void and you do not have to pay them. Even if your case has settled, we can help you get additional compensation for the amount you paid the ambulance chasing lawyer.

moving truck accident injuries

Filed under: Blog

August 11, 2022

Semi Truck Jackknife Accident

  Truck Jackknife Accidents and Injuries What exactly is a jackknife accident? We hear the term all the time but has anyone ever really explained it to you ? I’m betting no, so here it…

Read more

 

Truck Jackknife Accidents and Injuries

What exactly is a jackknife accident?

We hear the term all the time but has anyone ever really explained it to you ?

I’m betting no, so here it goes.

Jackknifing is when a large, usually an 18 wheeler truck folds itself in half usually on a highway.

This can occur for many reasons but usually they are trying to stop the truck.

This puts the driver in the other vehicle in the position of having no choice but to hit the truck head on because there are no other options.

A Lot of these accidents happen on highways or interstates where there is large truck traffic.

It also happens frequently when there is weather like snow or rain storms.

These accidents can be devastating and cause major injuries or even death and this mostly happens to the drivers of the other vehicles and not the truck drivers.

The name jackknife refers to what an actual folding knife looks like when it is open to a 90 degree angle.

Since big rig trucks look like this when they try to stop on the highway the accidents that occur are called jackknife accidents.

 

how to avoid a semi truck accident jackknife

How to Avoid a Jackknife Accident Situation

Since I-15 is an interstate and a major thoroughfare for interstate travel for the trucking industry places like Las Vegas and Reno with Interstate 80 are more susceptible to jackknifing accidents.

People who live in areas around interstate truck traffic should use caution and follow a few simple rules to try and avoid a jackknifing accident.

  1. Keep a safe distance between you and other motorists and trucks. This allows you the opportunity to break or make another choice before a collision because you gave yourself enough time.
  2. Driving at the appropriate or posted speed limit. Since you never know what’s going to happen to the truck in front of you, driving at the posted speed limit cn also by you time to break to avoid the collision
  3. Driving only when alert. Never drive when you are tired this can slow reaction time and can contribute to a jackknife accident
  4. Getting off the freeway. I make this my first line of defense. Don’t get on the freeway if you don’t need to. If you do however need to drive on the freeway if you notice it being dangerous for whatever reason like weather then you should exit as soon as you notice an issue.

These are just some ways you can try and avoid a jackknife accident.

Sometimes however, accidents can’t be avoided.

If you have been injured in an accident involving a jackknifed tractor trailer call The Richard Harris Law Firm today.

 

Who’s Responsible for a Jackknife Truck Accident

Accident fault in Nevada is different from other states.

In Nevada the at fault rule means that even if you were somewhat at fault you still have the right to recover damages minus the the percentage you are at fault. 

At fault can mean many things though, just because a truck jackknifes and you hit the truck doesn’t mean that the truck driver is automatically at fault.

The accident may be determined to be caused by bad weather or road construction.

If environmental factors are the reason it may be determined that no one is actually at fault.

This is very rare however and most of the time there is one clear person at fault.

Sometimes to, the truck may be the reason the accident occured.

The truck malfunction due to lack of maintenance by the owners, in this case the owners should be held responsible for lack of reasonable care.

Maybe the truck manufacturer is at fault because the parts used in the truck are faulty.

The driver wasn’t trained properly is another common reason accidents occur and in this case the driver and the truck company owner may be held responsible.

A good personal injury attorney can investigate who is at fault and hold them responsible for your injuries due to a jackknife accident.

 

injury from semi truck crash

Injuries associated with jackknife truck accidents

All accidents tend to have the same injuries that occur, but during a jackknife accident these injuries can be much worse because of the sheer weight and size of the fully loaded 18 wheeler vs a 3000 pound vehicle. 

When a car is pinned in a jackknife accident these are the most common injuries:

  1. Brain Damage- usually brain damage in a jackknife accident are TBI’s or Traumatic Brain Injuries. These are injuries that can cause permanent damage and result in the victim needing life long perminst care. This usually happens when the brain is moved inside the skull or the skull is crushed due to a severe hit at high speed.
  2. Limb Amputations- The loss of limb like a leg or lower arm. This usually happens when the limb is crushed under crushed metal, severed by a piece of medal or crushed on impact. Losing a limb will involve getting prosthetic and major rehabilitation. 
  3. Spinal Cord or Back injuries- These injuries can be something minor such as whiplash, yes that is considered a minor back or neck injury to herniated disk or even paralysis. The more severe the back or spinal cord injury the more treatment that will be needed. 
  4. Cuts, Bruises, Lacerations, and broken bones- These are the most common injuries (broken ribs and bones) that occur after an accident but they can be much worse when it involves a jackknife truck.

Most of the injuries are the same as other car accidents but again the sheer size and weight of large tractor trailers at their full weight can make even the most minor injury much worse.

 

 

Getting Justice After a Jackknife Accident

No matter how the accident happened the responsible party should be held accountable and their insurance.

Or in some cases the parties themselves should be responsible for getting the victim as close to whole as an accident victim can be.

The responsible parties should pay damages for things like:

Medical Bills– This can include current after accident medical expenses and even future medical bills that can include long term care, rehabilitation, physical therapy, prescriptions, prosthetics, and any other medical expenses current or future.

Lost wages- Lost wages for any work missed due to injury and recovery. This includes current lost wages and can also include wages that could have been earned or future earnings. If a person is permanently disabled or dies in a jackknife accident the responsible party may be responsible for lost earning potential or the earning difference between actual wages and disability.

Punitive damages– Punitive damages are tricky and are decided by the court. They are damages awarded to the victims of a jackknife accident if the owner of the truck or the manufacturer of the truck are at fault due to negligence. For instance lack of maintenance is the reason for the accident

Pain and suffering– Accident victims often face psychological issues after an accident for example PTSD or post traumatic stress disorder. PTSD is caused by trauma and may involve seeing a mental health professional and medication

These are some of the things that the responsible party in a jackknife truck accident should be held accountable for.

Only an experienced personal injury attorney knows how to fight for all of these in a settlement against the responsible party in a jackknife accident.

 

Why Call The Richard Harris Law Firm

Richard Harris is the number one personal injury lawyer in Las Vegas.

We have recovered over a $ billion dollars for our clients over the years.

We’ve been in business for over 40 years and have a great reputation with our clients.

We offer free consultations and case reviews.

Our law firm works on a contingency basis meaning you pay nothing up front.

We only recover payment when we win your case.

We will always try to get the largest settlement allowed by law for a garbage truck accident or any semi-truck accident.

We fight for our clients and can help you get medical care or reliable transportations other other financial services while your case is pending.

If you have been injured in an accident involving a jackknifed tractor trailer call The Richard Harris Law Firm today.

dealing with insurance company

Filed under: Blog

August 8, 2022

State Farm Insurance Injury Claims and Liability

  State Farm Auto Insurance Claims The Richard Harris Law firm is Nevada’s best personal injury law firm for over forty years. We represent State Farm insured driver’s and others who have been injured in…

Read more

 

State Farm Auto Insurance Claims

The Richard Harris Law firm is Nevada’s best personal injury law firm for over forty years.

We represent State Farm insured driver’s and others who have been injured in car accidents that have severe injuries or even deaths that occur due to the accident.

Call our attorneys and speak with a lawyer before you discuss your claim with a State Farm insurance adjuster.

The Richard Harris Law Firm are experts in dealing with insurance companies and claims, including State Farm.

We deal with all types of accident claims including, homeowners, motorcycles, and businesses.

The Richard Harris Law firm works on a contingency basis so you never pay anything up front.

We only get paid if we settle your case either by settlement negotiations or if we go to trial.

Call The Richard Harris Law Firm today for a free consultation.

We will answer any questions or concerns related to your accident injury claim with State Farm.

 

state farm car accident injury claim

State Farm Insurance Company History

“Like a good neighbor State Farm is there” that’s State Farms marketing promotional campaign that you have probably heard over the years.

State Farm remains the number one insurance company ahead of Geico and Allstate generating over $60 billion dollars a year in revenue.

State Farm is a for profit company so their main goal is to generate a profit for the shareholders.

Even though we pay insurance premiums, most insurance companies including State Farm take profit over making an insured accident victim whole again.

It’s always good to have knowledge about the insurance companies regardless if it’s a red light accident, stop sign crash, rear-end, or even a head on accident with a motorcycle.

 

state farm settlement
hire the best vegas law firm

State Farm Insurance Company Auto Settlements

A settlement is the dollar value placed on an accident.

This is the amount the insurance company will pay to cover damages from the accident.

This value is based on many factors like the severity of the accident, the insurance policy the victim has, the accident type, etc.

Filing or receiving a claim payment from State Farm can be confusing.

How much is your claim worth?

What should I expect when filing a claim with State Farm?

How long should my claim take to settle?

These are all very good questions that everyone should ask.

A personal injury law firm like Richard Harris can determine what your claim is worth and negotiate with State Farm to get you the best possible settlement.

 

Medical Costs Related to State Farm Settlements

Will your State Farm policy cover your medical expenses after an accident?

Medical expenses can be financially devastating to an accident victim.

If you have a personal injury protection (PIP) coverage then your medical bills will most likely be covered up to the policy limits.

But if you need long term medical care you may not have enough coverage to keep paying the medical bills. 

You may be able to recover other medical expenses by filing a claim against a third party or filing a personal injury lawsuit.

 

importance of medical records in state farm claim

Medical Records in State Farm Insurance Claims Process

Keeping medical records is important for many reasons but especially if you have been injured in a car accident.

You should keep detailed records of any medical expenses including ambulance rides, prescriptions, physical therapy, doctors and specialists visits.

In some cases your State Farm adjuster may try to lower the settlement offer by claiming that your injuries were less severe than you claimed or that the injuries didn’t occur at all.

Only detailed medical records can be used as proof against a low ball offer by a State Farm provider.

Always better to be safe than sorry, and being organized is one way to be safe when it comes to car accident claims and insurance companies.

 

State Farm Claims

Insurance companies including State Farm offer settlements in many ways.

One way is to offer a structured settlement, a lot of people have only heard of this in a commercial but this is when your settlement is paid out over time instead of one lump sum.

Sometimes this is offered to people with long term disabilities from an accident that need long term medical care.

This can be very beneficial for the policyholders as it can provide a stream of income.

But beware of the terms and conditions of a structured settlement.

Your money may be held in a trust or by an attorney, make sure these companies are ethical and reputable.

The State Farm claims process can be difficult and long.

The settlement payout offer is based on the severity of the accident and the coverage you have.

A settlement can also be based on the at fault party’s coverage. 

The average payout for an injury claim with State Farm is around $5000.

If you only have simple property damage then the payment may be much less.

The state of California settled with State Farm for $1.2 million dollars over allegations that State Farm improperly handled insurance claims involving cars that were involved in accidents.

 

Recover Maximum compensation 

In most cases any insurance company including State Farm will make an initial settlement offer, usually this offer is lower than it should be.

Any good personal injury attorney will have a team of claims adjusters on their staff who can evaluate your claim and determine what you should be paid in your settlement.

The value of your settlement is based on many factors including the severity of your injuries, the type of accident and the extent of the damage to your property.

Never take the first offer that State Farm presents you.

Always have an experienced law firm to negotiate the settlement you deserve.

Having kept good records (and a police report) and having an experienced legal team can lead to you getting the maximum settlement allowable by law.

 

settling a claim with state farm calculator

State Farm Compensation Calculator

State Farm uses an online tool that’s available on their website.

It’s a calculator where you input information and it will calculate the money you should expect to receive from a State Farm claim.

It only works online with the most recent information available.

Never trust a calculator on an insurance company website.

Your wise choice is to call The Richard Harris Law Firm today and get a Free consultation.

 

State Farm Claims Processing

State Farm will start processing your claim within 30 days of the time you file your claim.

Like other insurance companies, State Farm has a reputation of being slow to pay out settlements.

Our law firm will contact State Farm and negotiate a fair settlement for your injuries.

Remember to be aware of the statute of limitations in Nevada no matter what insurance company you are dealing with.

Call today for a free consultation.

 

Claims Adjusters

The claims adjuster is assigned by State Farm to you after the accident.

They are the person you will deal with throughout the claims process and the person an attorney will deal with for you if you decide to hire an attorney.

They collect and evaluate evidence like police reports, witness statements, photos and damages.

The goal of the investigation is to determine who is at fault in the accident and what the settlement offer and payout will be.

Insurance adjusters will most likely ask you for a recorded or written statement after the accident.

We suggest that you not take part in this without legal representation.

Insurance adjusters even though they are assigned to you, their job is to save State Farm as much money as possible.

They will use your statements against you to try and minimize the  payout or deny the claim all together.

 

Factors Affecting Financial Recovery

There are many factors that affect the settlement you can receive from State Farm:

  1. The severity of your injuries from the accident
  2. The person who was at fault in the accident
  3. The at fault driver insurance coverage
  4. The state the accident occurred 
  5. Was the victim partly at fault (in Nevada this is important)
  6. The expenses associated with the accident including medical, lost wages, property damage, pain and suffering

An experienced attorney can negotiate to get you the maximum settlement available to you by law.

The Richard Harris Law Firm will investigate the accident and negotiate with State Farm or if need be take the case to trial.

 

Let’s face it, State Farm is an insurance giant.

They are a for profit business so the wellbeing of their customers is second to profits.

Everyone claims to be in the customer service business until you need to use insurance services that you pay into.

You can pay into State Farm insurance policies for years and never use them.

The minute you file a claim it’s a different story.

They might try to minimize or deny your claim altogether and even if they do pay your claim.

State Farm has a legal powerhouse on their side so should you.

Call The Richard Harris Law firm today if you were injured in an accident and have State Farm insurance.

truck accident in paradise nv

Filed under: Blog

August 4, 2022

Garbage Truck Accidents and Injuries

  Garbage Truck Accidents Las Vegas Nevada   Let’s face it, we take garbage pick for granted most of the time. We just expect that the big truck will come and pick up our trash…

Read more

 

Garbage Truck Accidents Las Vegas Nevada

 

Let’s face it, we take garbage pick for granted most of the time.

We just expect that the big truck will come and pick up our trash on the day specified for our neighborhood.

But as most of us have experienced being stuck behind the smelly truck on the road, or even stuck in a parking spot because the garbage truck is behind you or stopped on the road because the truck is picking up trash.

Yes most of the time this is just a small inconvenience to have trash removed, but what happens when an accident with a garbage truck happens?

As we all know garbage trucks are very large and can be hard to drive.

Some truck drivers may not have the experience to maneuver a truck like this properly or a driver gets nervous around the large truck while driving.

Accidents with garbage truck drivers happen all the time.

If you have been injured in an accident with a garbage truck you need to contact a personal injury attorney immediately.

Most garbage disposal companies are large and have an experienced legal team on the side.

Also in some cases the garbage disposal is state run and the state or municipality is the main operator.

Call The Richard Harris Law firm today if you have been injured in an accident with a garbage disposal truck.

We offer a free consultation.

 

why do garbage truck accidents happen

Why do accidents happen with Garbage Trucks

When you drive a car or a small SUV you may have blind spots, and I know for me there have been times I didn’t see something that was in my blind spot.

Now imagine driving a big garbage truck; can you imagine the blind spots on that?

Well that is a main contributor to accidents involving a garbage truck since they have a significant amount of blind spots on the large trucks.

Another cause of accidents involving garbage trucks is the frequent stopping.

Like the mailman, garbage trucks stop at almost every house and another driver might not know where they stop or how often, which adds to the cause of accidents.

Some other causes of garbage truck accidents can include; bad weather conditions, poor maintenance, distracted driving, defective equipment and driver negligence or poor training.

The sheer weight and size of the garbage truck can also be the cause of an accident with a garbage truck. 

Running stop signs is sadly a common reality, as is running a red light.

 

who is liable in garbage truck accident

Who is Responsible for a Garbage Truck Accident

Finding the responsible party if you are involved in an accident involving a garbage truck can be more difficult than you might think.

Nevada has a modified negligence rule that means that if you were less than 50% at fault in an accident then you can still sue for damages.

But that is just the beginning.

The garbage truck is operated by a driver who is employed by a parent company, and that parent company might be contracted by the municipality or state.

The truck is also made by a separate company, but maybe it’s maintained by someone else who is also contracted by the company that owns the truck.

Sounds confusing right?

Well that’s why hiring a good personal injury attorney is so important. 

In Nevada Republic Services is the main company that picks up trash around Las Vegas.

Republic Services is contracted by the city or state to pick up all the trash.

So if you’re in an accident with a garbage truck in Nevada you will most likely deal with Republic Services.

But even though Republic Services is the provider they might not be responsible for the accident.

Is the driver liable?

For example, the driver of the truck even though an employee might be the responsible party.

The manufacturer or the maintenance crew might be responsible for faulty equipment and maybe responsible for the accident.

In some cases there are multiple responsible parties for an accident.

In Nevada the percentage of the fault of the accident determines the potential settlement.

For example if you are 30% responsible for an accident and the other party is 70% responsible then you can recover damages minus 30%.

Ultimately the court determines who is responsible and how much responsibility they carry in a personal injury case.

 

Who Gets Injured in a Garbage Truck Accident

Like we all know garbage trucks are huge and hard to handle.

Usually the driver of the other vehicle like a car or small SUV become the injured party.

A motorcycle rider or a bicyclist are also more likely to be injured.

Garbage truck accidents can result in serious injuries that can include head and neck injuries, back injuries, broken bones, whiplash and TBI or traumatic brain injuries.

Some of these injuries can be life threatening or life changing and cause things like paralysis or even death.

Some victims can require long term care or hospitalization for their injuries.

Call the Richard Harris Law firm if you were injured in an accident involving a garbage truck in Nevada.

 

What to do After Garbage Truck Accident

There are some basic steps that you need to take if you are involved in an accident with a garbage truck.

  1. Seek medical attention immediately- You never know how really injured you might be or you may have injuries that you’re not aware of. This can also help you down the road when trying to get financial recovery that you want to get medical attention right away.
  2. Take photos or video of the accident– Gather evidence including photos or videos, eye witness statements, date and time of the accident, other driver information and any other important information.
  3. Call the police – Report the incident and get a police report filed. You will need for any insurance claim or any personal injury claim. The police always must be involved.
  4. Contact a personal injury attorney- Do this before you speak with any insurance adjuster or anyone from the garbage disposal company or there representatives.

A good personal injury attorney will explain your rights and what you need to do next and explain the ther realistic expectations for your accident settlement.

A good personal injury firm will also investigate all parties involved in the accident and file a liability claim for you.

They will also deal with insurance companies and other party representatives.

 

Why call The Richard Harris Law Firm

Richard Harris is the number one personal injury lawyer in Las Vegas.

We have recovered over a $ Billion dollars for our clients.

We have been in business for over 40 years and have a great reputation with our clients.

Free consultations and case reviews.

We work on a contingency basis meaning you pay nothing up front.

We only receive payment when we win your case.

We will always try to get the largest settlement allowed by law for a garbage truck accident or any other accident.

We fight for our clients and can help you get medical care or reliable transportations other other financial services while your case is pending.

If you have been injured in an accident involving a garbage disposal truck call The Richard Harris Law Firm today.

injured at orleans casino

Filed under: Blog

July 18, 2022

Costco Accident Injury Lawyer

  What Happens if you Get Hurt at Costco Let’s face it, we all love Costco. What’s not to love right? Where else can you buy 20 pounds of chicken breast, a kayak and get…

Read more

 

What Happens if you Get Hurt at Costco

what to do if you're hurt at Costco

Let’s face it, we all love Costco.

What’s not to love right?

Where else can you buy 20 pounds of chicken breast, a kayak and get a set of tires all at one location?

And they have gas at least 20 cents less per gallon than anywhere else so again what’s not to love?

If inflation continues I might just be eating my meals at Costco.

But even with all this great stuff accidents do happen all the time at the giant retailer.

It could be a slip and fall or maybe a display unit fell on your child while you were just walking in the store.

Since they do offer everything all in one place on a large scale they are more prone to accidents than smaller retail or grocery outlets.

If you have been injured at Costco either inside the store or in the parking lot you may be able to recover compensation for your injuries.

If you have been injured at any of the Nevada Costco locations you should speak with an attorney that has experience dealing with large scale retail outlets.

 

suing costco for damages for being injured
hire the best vegas law firm

Suing for Damages

Recovering damages after an injury from Costco is just like getting compensation from any other accident or injury.

If you were injured at a Costco in Nevada and we can prove that it was the fault of either Costco, or the employees (representatives) at a Costco location then you may be eligible to recover damages.

Never let a Costco employee force you into doing anything if you’ve been injured in the store.

Try to keep your cool and stay calm.

If possible take photos of your injuries and the immediate area where you were injured (parking lot, aisles, cash register area, etc.).

Some common incidents that occur at costco locations are: 

  • Slip and fall accidents– This is the most common accident that occurs at Costco. Since it’s busy all the time and things are always being moved or even regular cleaning can cause a wet floor and anyone can fall.
  • Falling objects – If you have ever been in a Costco you know they have a warehouse full of stuff stacked to the rafters and use pallet jacks to move merchandise around. Having  stuff stacked up so high there is a high risk of falling objects and in some cases they are large and heavy objects that can cause severe injury or even paralysis or death.
  • Assault and battery– Assaults are more common these days as crime is on the rise. Assaults at a Costco are usually between two or more guests but employees have been known to go off the handle at work and assault a guest.
  • Sexual assault– Even though this may seem like a far fetched idea that someone could be sexually assualted at a Costco it has been known to happen. Sexual assualt means many differant things. This can be inappropriate touching by a guest or staff member. Inappropriate names, slurs, or misconduct by another guest or employee. Finally sexual assualt or rape by an employee or other member. 
  • Parking lot accidents– Another common issue at Costco is the parking lot. I could write an entire article about the parking situation alone. We all know the parking lots at Costco were made too small to accommodate all the guests at the warehouse. I think they made them too small on purpose but that’s just my opinion. But since there are never enough spots to go around and people are not paying attention, car accidents are very common at Costco. Also large trucks are always in and out dropping supplies to the Costco and they still have to use the same not large enough parking lot as us and large tractor trailers vs cars is not a good idea. Finally, in the parking lot Costco also sells gas at most locations with large pump stations that may have 20 or more pumps at one location offering gas usually as much as 20 cents less per gallon. So needless to say with gas prices as they are, it’s no wonder that there is a line that sometimes spreads throughout the shopping center. The Costco is causing traffic jams and impatient customers and that all leads to accidents.

These are just some of the incidents that occur at Costco’s all over on a regular basis, and think of things like using a forklift at work and getting injured.

Sometimes these are incidents between members and not Costco employees but it happened at a Costco.

Costco as a large wholesaler to the public has a duty of care to keep their members safe from injury.

If you were injured at a Costco you need to have your case evaluated right away.

Call The Richard Harris Law Firm today for a free consultation.

 

workers comp claim against costco

Workers Comp Claim With Costco

Costco employees a lot of people as we all know.

Having 1000’s of employees definitely comes with risk, and that risk involves lawsuits and unhappy employees who aren’t treated fairly.

If you or a family member was injured while working at Costco in Nevada then it’s crucial you understand your legal rights.

Our workers compenstation attorneys are among the best in the entire state and we’ve recovered over $1 Billion as a law firm.

Costco is known for using a third-party administrator to manage their workers’ comp claims.

Don’t fall for their pressure tactics. Call us for help.

This is tricky because the claims manager doesn’t work for the state, but instead they work for the 3rd party admin at the direction of the employer.

Remember these 4 things in order to protect yourself – 

  1. Report your injuries – injured workers have a duty to report their accident without any delay, no delay. Tell your manager immediately if you get injured at work.
  2. Get professional medical care – never postpone getting checked out. It can only hurt your case and your health to delay getting medical help.
  3. File a workers’ comp claim – this is key and must be done. Just reporting your injury to Costco isn’t the same as filing a WC claim. Call us today if you need help.
  4. Be ready to take legal action – Some injured employees find it difficult to get their workers’ comp benefits. If your claim was denied or underpaid then please contact Richard Harris Law Firm today.

 

Why Call The Richard Harris Law Firm

The Richard Harris law firm has been working in the greater Las Vegas and surrounding areas for over 40 years.

We have recovered over a $billion dollars for clients since we started this business.

We will work to get you the settlement you deserve if you have been injured in an accident as a member or employee of Costco.

We have been representing employees and members of Costco who have been involved in an incident or accident  for years.

We work on a contingency basis so you pay no money up front.

We handle all the costs and only get paid when we win your settlement.

If you are a member or employee who has been injured while working or visiting a Costco in Nevada call The Richard Harris Law Firm today.

Let our experienced attorneys help you navigate your claim against Costco. 

 

Costco is a Retail Monster

Costco is a wholesale outlet that has locations all over the world.

Costco is the largest American members only store and was once ranked the second largest retailer in the world.

Costco started in a converted airplane hangar in San Diego under the name Price Club.

In the early days Costco only served other businesses but soon found that serving non-business members could be beneficial.

In 1983 Costco opened its first warehouse location in Seattle, Washington.

By 1993 it had 206 locations and was doing $16 Billion in sales per year.

Costco has over 200,000 employees and 85 million members with over 700 locations all over the world.

Costco is a members only club that requires an annual fee for membership.

They are known to have whatever you need from large ceramic pots for outdoor plants to computers, from fresh bagels to surfboards and everything in between.

That’s why Costco is so popular and I say crowded because you can literally get anything you want or need and that is the crime of Costco.

But with so many members and it being busy all the time, accidents do happen on a regular basis.

Costco has strict safety policies as a large retailer but things happen everyday.

If you or a loved one was injured at a Costco and you believe that Costco or its employees or representatives were at fault for your injuries you need to contact an attorney that has experience dealing with large scale retail outlets.

Costco will have a top rated legal team to represent them and you should too.

Don’t leave an accident injury at Costco to chance.

Call The Richard Harris Law Firm today if you have been injured in a car accident while at a Costco in Las Vegas or anywhere in Nevada.

when to go back to work after an injury accident

Filed under: Blog

July 12, 2022

How Long Should You Stay Out Of Work After an Injury Accident

  Can You Keep Working if You Have an Open Car Accident Lawsuit Being in a car accident is a very scary scenario for everyone involved but if you are injured in a car accident…

Read more

 

Can You Keep Working if You Have an Open Car Accident Lawsuit

Being in a car accident is a very scary scenario for everyone involved but if you are injured in a car accident things can be even scarier.

You may be out of work for a period of time due to injury.

In these times most of us need to work to make ends meet and pay the bills.

Most car accident victims will try and return to work as soon as they can because let’s face it we all need to get back to work for our financial security and general well being.

But what if you’re involved in a case where you have an open claim for the car accident you were involved in?

Should you return to work right away or should you return at all while your claim is being processed.

Of course no one wants to have their claim invalidated because they returned to work too early or at all.

This will cause you to possibly lose out on any financial compensation you deserve.

 

injuries from car crash

Continue to Work After Being Injured in a Car Accident

The simple answer is yes you can continue to work if you are involved in a car accident lawsuit.

There is no timeline to return to work after an injury in a car accident, nor will returning to work invalidate your claim from your accident.

Remember in Nevada there is a 2 year general statute of limitations.

However, returning to work after an accident either too early, at all, or even just continuing to go to work can in fact actually hurt your chances of financial recovery in a few ways.

  • If returning to work, or continuing to work or returning to work too early and your injuries get worse or remain the same due to the work you do, this could hinder your case. This can depend on the type of work you do. But if your injuries get worse because you went back to work too soon then you can’t claim the working or new injuries from the accident and cannot request to be compensated for those added injuries. Doing construction work while injured could hurt your case.
  • If you are involved in a lawsuit from a car accident, continuing to work or returning too soon can hurt the credibility of the lawsuit since your claiming you were hurt in the accident, but apparently you’re well enough to work. Since a personal injury claim usually involves compensation for lost wages returning to work can affect the amount of compensation you receive.

The nature of your injuries and the extent of the injuries are the key factors in whether or not you should return or continue to work.

That’s why speaking with an experienced legal team is important.

We know medical bills and lost wages can be stressful.

An experienced car accident lawyer can advise you on whether or not you should return or continue working while your case is pending.

 

returning to work too early after accident

How Returning Early to Work Can Affect my Health

Returning to work or continuing to work after a car accident should only be considered by you and your doctors.

Before your doctors consider letting you return to work or continue working they will consider many factors including:

  • The extent of your injuries- how bad are your actual physical injuries and how long is the recovery going to be
  • The anxiety of returning to work
  • Are you experiencing mental health symptoms like PTSD (post traumatic stress disorder) or depression
  • What type of work do you do

Your injuries after an accident will always determine the time frame that you will need for recovery and how soon you can return to work.

Returning to work is also determined by what type of work you do.

For example if you are injured in an accident and are a factory worker or a waitress in a casino where the job is really physical you are out of work for a longer period of time.

However if the job is sedentary like a job in an office you may be able to return to work sooner.

But even a sedentary job can cause injuries like back and neck injuries to worsen.

Medication and Emotional Pain

You also may be on medications for your physical and emotional pain.

Most medications have side effects that can impair your ability to do regular things like –

  1. Drive to and from work
  2. Lift heavy objects 
  3. Operate work tools and machinery 

Since medications can impair your judgment you could be putting yourself and others in harm’s way.

So when on any medications after a car accident you should consult your doctor regarding the amount of time you should take off of work after an accident.

Most good law firms will have a group of doctors that they work with when you are involved in a lawsuit after an accident.

So you should always consult with your lawyers and your doctors when returning to work.

 

When Can You Return to Work

There is never a set time limit to remain out of work after an accident.

Your doctors will be the judge of when you can return to work based on the extent of your injuries.

A doctor usually won’t clear you to return to work if it will hinder or slow your recovery in any way.

Doctors will sometimes clear their patients to return to work with restrictions like limited hours or extended periods between breaks.

Doctors will also clear someone to return to work if they can do a different job at their company that won’t hinder the healing process.

On a side note, employers are required by law to accommodate your work needs after an accident within reason.

For example if your doctor says you can return to work in the factory but you can’t stand or lift anything, then your employer must supply you with adequate accommodations.

Just because the doctor says you can go back to work doesn’t necessarily mean that you are ready to return.

return to work

If for any reason you are uncomfortable returning to work and think it’s too soon you should seek a second opinion right away and get any documentation you need from all the doctors you see.

When getting a second opinion the doctor may agree with your primary care physician or they may impose a longer wait period or more restrictions before returning to work.

Another reason for having a personal injury lawyer is to protect your rights while you are seeking a judgment in your case.

A personal injury lawyer can also help protect your rights at work while you’re recovering from your injuries.

Even though they are obligated to accommodate your work restrictions after an accident, some employers may try to limit your opportunities to get back to work or in some cases even try to fire someone after an accident.

A personal injury lawyer can take actions on your behalf.

Contact The Richard Harris Law Firm today.

 

Can I Exercise if I have an Open Injury Case

So many people exercise on a daily basis for many reasons.

But if you’re injured as a passenger in an Uber accident and have a claim pending should you continue to exercise?

This is also something that you should consult your doctors and attorneys about. 

Since exercise has been determined to improve physical and mental health some doctors may deem it ok for you to do after an accident and may even aid in your recovery.

The main concern is that you can worsen your injuries with strenuous exercise and any worsening of injuries is not the responsibility of the at fault driver in your case.

Just be aware that any actions you take after an accident while pending the outcome of a lawsuit can determine the amount of compensation you receive based also on your injuries.

You should always limit your activities that could be used against you in your case.

Only a face to face meeting with our staff can determine what, if any those restrictions might be.

Call The Richard Harris Law Firm today and set up a consultations appointment.

 

Why call The Richard Harris Law Firm

The Richard Harris law firm has been working in the greater Las Vegas and surrounding areas for over 40 years.

We have recovered over a $ billion dollars for clients since we started this business.

We will work to get you the settlement you deserve if you have been injured in an accident.

We have been representing accident victims for years.

We work on a contingency basis so you pay no money up front.

We handle all the costs and only get paid when we win your settlement.

Call The Richard Harris Law Firm if you have been injured in an accident.

We offer free consultations and case review. 

injured while driving for uber

Filed under: Blog

July 11, 2022

Passenger in Uber Car Accident

  Uber Passengers Injured in Car Accident As we all know we now have Uber and Lyft to get us around when we can’t drive or don’t have access to a car. These rideshare companies…

Read more

 

Uber Passengers Injured in Car Accident

As we all know we now have Uber and Lyft to get us around when we can’t drive or don’t have access to a car.

These rideshare companies have changed the game of public transportation.

They have made it possible to get home safely after a night out with too many cocktails, or not need to ask your friends to pick you up from the airport.

Most of the time these rides go smooth and safe without incident and are uneventful.

But we have all heard the stories on the news or from someone about a car accident involving an uber driver and another car.

So what happens when you’re involved in an accident while you’re in an Uber?

Since you are the customer of Uber and the driver and are not in anyway responsible for the accident, you are just the passenger, what do you do? 

Well as the passenger of Uber you have rights since you are a customer of Uber and the driver who has a duty of care to make sure you arrive at your destination without incident.

After seeking medical care the first thing you need to do is hire an experienced Uber or Lyft accident attorney.

Uber and Lyft are big companies with a large legal team on their side.

Why shouldn’t you have the same representation?

Accidents can happen in a parking lot, at a red light, a dangerous intersection in Vegas, or of course the freeways.

Don’t just sit back and hope the insurance company (James River) is going to come rescue you and write a big check..

uber driver an employee or contractor

Uber Driver Independent Contractors or Employees?

Recently Uber went to court to try and remain in the independent contractor status.

This way they are technically not responsible for accidents or other crimes that occur during an Uber ride.

The Supreme Court has ruled that Uber’s drivers are in fact employees of the company and not independent contractors as they were classified before the ruling.

This means that Uber drivers are representatives of Uber the company and therefore Uber is responsible for the actions of its drivers as well as the driver themselves.

What does this mean if you’re involved in an accident while in an Uber?

It means that if you are involved in an accident while in an Uber you have the legal right to sue Uber as well as the Uber driver.

Even if the Uber driver was not at fault, since you have no responsibility for the accident in any way, you still have rights.

You should contact a lawyer who has years of experience in Uber accident litigation to help you file an injury claim against Uber, the Uber driver and even the driver of the other vehicle if there is one.

If you have been involved in an accident while a passenger in an Uber you should call The Richard Harris Law Firm today, they are the Las Vegas premiere Uber accident attorneys.

The Richard Harris Law firm can file a negligence claim against Uber and the driver.

Proving negligence has a few basic rules to prove:

  1. Owing a care of duty- Uber has a duty to its customers to provide safe and efficient passage in their vehicles. Uber is responsible as a company to ensure that employees meet the Uber company standards via background checks, driving record checks with a clean driving record, and the cars are up to Uber standards and inspected for safety issues. Since Uber drivers are employees they are an extension or representative of the company and the company has the duty of care.
  2. Breach of duty- To prove negligence you must be able to prove that there was a breach of the duty of care by Uber or the representative of Uber the driver. Breach of duty means that Uber placed the customer in an unsafe situation via speeding, reckless driving, texting while driving and any other violation that causes unsafe conditions for the passenger.
  3. The breach of duty resulted in an accident- This for example means that if the Uber driver was texting while driving and hit someone because they were busy texting and not paying attention then this point would be proved since we can assume that if the Uber driver wasn’t texting they would have seen the other car and avoided the accident.
  4. The accident caused physical harm- So if the texting Uber driver gets into an accident while texting and you were harmed as the passenger then all 4 points have been proved. You were injured because they were negligent in your safety and therefore are responsible for the accident and your injuries.

Even if the other party is the responsible party you can still file a claim against Uber as the passenger.

However, it is a good idea to file a claim against the at fault party first to make sure they are held accountable for their actions before you file against Uber.

When filing a negligence claim against Uber, contact The Richard Harris Law Firm today for a free consultation and case review.

 

uber car accident injury
call Richard Harris for injuries from an uber accident

Possible Injuries From Uber Accident

As with all car accidents you can sustain serious injuries when involved in a car accident and an Uber accident is no different.

Car crashes are some of the most dangerous incidents to be in and cause long term or life threatening injuries, even death.

Usually when two cars collide one person takes the runt of the accident.

A doctor explained it to me once that two cars head-on going 60 miles per hour equals 120 when they hit and that one person takes the brunt of the accident.

While in an Uber if you were struck in a head-on collision, or rear ended, or side swiped while the passenage in an Uber you could sustain serious injuries.

Some of the most common car accident injuries are:

  • Broken bones- One of the most common injuries in a car accident. Broken bones are caused mostly by the crushing of the vehicle parts against the body. Broken bones can be as minor as a hairline fracture or as severe as a compound fracture that can leave permanent damage. Broken bones can take months even years to fully heal and can involve casting, immobilization , and physical therapy. 
  • Back and neck injuries- Whiplash is the most common back neck injury after an accident. But seeking medical attention immediately is so important because you might not know you have whiplash without a doctor checking you out, or you might not know until hours or days later. Back and neck injuries can cause a lifetime of pain and in some cases paralysis. Severe back and neck injuries can require severe and painful medical treatments and can take years to heal if at all. Even amputation can happen.
  • Flesh wounds- These are wounds that are caused by broken glass, loose parts or metal pieces. They are lacerations that need stitches to repair or in some cases this can include severed body parts like a leg crushed below the knee. The leg most likely will not be able to be reattached and the victim will then be an amputee.
  • Death- This is the most unfortunate outcome of any accident including a passenger in an Uber accident. The family of the victim can file a wrongful death claim against Uber and any other responsible party for the death of their loved one.

If you or a family member has been involved in an accident while the passenger in an Uber in Las Vegas reach out to Nevada’s most experienced Uber accident attorney, The Richard Harris Law Firm.

Uber accident stats are very important to know before you hop in a car as an Uber passenger.

 

Why call The Richard Harris Law Firm

The Richard Harris law firm has been working in the greater Las Vegas and surrounding areas for over 40 years.

We have recovered over a $billion dollars for clients since we started this business.

We will work to get you the settlement you deserve if you have been injured in an accident as a passenger in an Uber or Lyft.

We have been representing Uber accident victims for years.

We work on a contingency basis so you pay no money up front.

We handle all the costs and only get paid when we win your settlement.

Call The Richard Harris Law Firm if you have been injured as a passenger in an Uber accident.

We offer free consultations and case review.

tesla car crash

Filed under: Uncategorized

July 11, 2022

Unlicensed Drivers and Car Accidents

  Hit By an Unlicensed Driver in a Car Accident Everyone has heard the story from a friend right? Someone they know or you know was involved in a car accident where other driver was…

Read more

 

Hit By an Unlicensed Driver in a Car Accident

Everyone has heard the story from a friend right?

Someone they know or you know was involved in a car accident where other driver was driving without a license or insurance and their friend or they were hurt really badly.

This may seem like a story that we’ve all heard over and over again but it does happen all the time.

So what happens if you were driving without a license or what if the other party involved was driving without a license, on the revoked list or suspended license?

What happens then ?

Can you as the accident victim recover damages if you were the one driving without a license?

What if you were hit by someone who was driving on the revoked or suspended list?

The simple answer is yes to all.

Even if you were driving without a license you may be able to recover damages if you were injured in an accident.

Driving without a license can cause serious fines and even jail time if you are caught but if you were injured in an accident you can still recover damages if the other driver was at fault.

 

Why do People Drive Without a License?

Everyone always asks why do people drive if they don’t have a license?

There are many reasons that put unlicensed drivers on the road.

People need to go to the store to buy groceries or most importantly to get to work.

But in reality most people just don’t care or think that they will get caught or ever be involved in an accident.

I guess most people that don’t have a license will say I’m only going down the road of what could happen.

But you never know. 

There are many reasons people don’t have a license to begin with:

  1. Conviction of a DUI 
  2. Failure to obtain proper insurance for your vehicle
  3. License revoked due to felony convictions
  4. To many points on your license from tickets
  5. Medical condition that makes driving dangerous for the driver and the public
  6. Failure to renew license 
  7. Restricted due to age
  8. New to the US and haven’t taken or passed the required driving test in your state

 

People who knowingly drive without a license run the risk of severe fines or even jail time if they are caught driving without a license.

 

injury in accident with unlicensed driver

Injured in an Accident Involving Unlicensed driver

There are many steps you need to take immediately after an accident no matter if a driver has a license or not.

It is up to you to protect yourself after any accident.

You should take the following steps to make sure all the details are not lost 

  • Contact law enforcement immediately 
  • Exchange information with other drivers 
  • Take photos or videos of the damage and the scene of the accident 
  • Gather any witness statements and get their information
  • File a police report and get a copy
  • Seek medical attention immediately- do not wait even if you think you are not hurt
  • Notify your insurance company of the accident 
  • Hire a lawyer that specializes in accident and injuries 

You have the right to recover compensation for your injuries after you were involved in an accident but you need to hire an experienced attorney to represent you right away.

You won’t typically see Lyft drivers or UPS drivers cause an accident without a license, but you never know and it’s best to call our law firm today for a FREE consultation.

 

damages for being injured
hire the best vegas law firm

Can you Recover Damages if you Drove Without a License

In Nevada you can recover damages in an accident if you were involved in an accident while driving without a license.

In Nevada fault is determined by who has the most responsibility for the accident regardless of whether or not you have a license.

However, if you don’t have insurance you are then going to be held personally financially responsible for any damages that are paid to another if you are at fault in the accident and without insurance.

Not having a license may not have any bearing on the legal responsibility in an accident but it will be much more difficult to get compensation and it will be used against you in any court proceeding.

Always call a personal injury attorney after an accident no matter the circumstances.

Nevada is not a no-fault accident state but one of 38 states that have adopted a policy of where the person who causes the accident is responsible for the damages via insurance.

The police will typically decide who is at fault.

In some cases both parties are held responsible for the accident based on a percentage.

For example driver one was 60% at fault and driver two was held 40% responsible, driver two can recover damages from driver one but they will be reduced by 40 % due to driver two having 40% of the fault.

 

What Happens When Someone Doesn’t Have Insurance 

It is the law to carry liability insurance for vehicles in all 50 states and it is considered a crime to drive without insurance and can result in the loss of licenses and fines and in some cases even jail time.

But what happens if a driver doesn’t have insurance and is involved in a car accident.

The driver who doesn’t have insurance can be held personally responsible.

If you cause an accident in Nevada without insurance you will have to pay the accident victim out of your own pocket, even if the other party’s insurance may pay some of the damages.

If you are caught without insurance in Nevada the offenses are :

  1. The first offense $250-$1000 fine, $250 fine to get your plates back, impounded vehicle, suspension of registration and a requirement to file an Sr-22 (special insurance required by the DMV after violations) this insurance is separate from your regular policy and is at a separate cost
  2. Second offenses- $500-$1000 fine, a $500 reinstatement fee, and suspended license until you file for an SR-22
  3. Third offenses-$500-$1000 fine, license suspended for 90 days, file Sr-22 insurance for 3 years, and $500 to get your plates back

Most of the time the only time Nevada knows you don’t have insurance or a license is if you get pulled over or are involved in an accident.

If you are caught driving without a license in Nevada you will be charged with a misdemeanor that includes up to a $1000 fine and up to 6 months in jail.

This includes people who have never had a license or people driving with a suspended license.

This however changes if your license is suspended for driving under the influence.

If your license is suspended for DUI and you are caught driving you can receive 30 days in jail or 6 months of home confinement, a $500-$1000 fine and an additional one year of license suspension.

These are just the fines for driving without insurance or a license in Nevada but if you are injured in an accident always call a local attorney for a case review.

Because in Nevada accident fault is determined by the actual fault of the driver and not whether or not you have a license.

Call The Richard Harris Law Firm today if you have been injured in a car accident in Nevada.

 

Why call The Richard Harris Law Firm

The Richard Harris Law Firm has been in Las Vegas and Nevada for over 40 years.

We know Nevada unlike any other law firm in Nevada and our reputation proves it.

If you need a 2nd opinion feel free to call us.

We fight for our clients and have collected over a $ billion dollars in damages for our clients.

We offer free consultations and case reviews.

We work only on a contingency basis so we only get paid if we win your case.

We will deal with all insurance companies, police, and medical care.

We work for our clients by getting you the maximum settlement allowable by law.

Call today.

semi truck negligence

Filed under: Blog

June 21, 2022

Negligence In Semi Truck Accidents

  Understanding Negligence in Truck Accident Cases   Car vs. 18-wheeler, most of the time this doesn’t end well for the person or people in the motor vehicle. Most of the time the driver of…

Read more

 

Understanding Negligence in Truck Accident Cases

 

Car vs. 18-wheeler, most of the time this doesn’t end well for the person or people in the motor vehicle.

Most of the time the driver of the truck will walk away from the accident unharmed and the people who were in the car are left with serious injuries and in some cases death.

This is a basic size issue; most cars and small trucks are significantly smaller and therefore just by size alone the semi-truck and the driver will mostly end up ok after a collision.

Most truck accidents occur due to negligence by truck drivers for many reasons.

But what exactly is negligence anyway?

Negligence is by definition -Failure to use reasonable care resulting in damage or injury to another.

Just to be clear, if someone is negligent that doesn’t mean it was purposeful.

However if you were injured in a truck accident you can seek compensation due to negligence and recover full compensation for accident related injuries (amputation, broken bones, spine).

Truck drivers have a duty to drive according to legal and safety standards and to protect other drivers on the road.

When they don’t this can lead to deadly accidents.

Actually all drivers have the same duty to each other but that doesn’t always work out.

Most trucking accidents are caused by negligence by truck drivers or trucking manufacturers.

 

 

Examples of Truck Driver Negligence in Accidents

  • Speeding- Speeding is a common cause of accidents. Driving above the posted speed limit by a truck driver can be very dangerous since the vehicle they are driving is so much bigger and heavier than a car therefore making it much harder to slow down or stop in an emergency.
  • Distracted driving – Most people think of texting as distracted driving but this also includes talking on the phone, eating, drinking and for the ladies putting on make-up ( we’ve all seen it ).
  • Driving when overtired– There are laws and regulations in place to prevent this from happening but yet it still does. Most truck drivers have a time limit to get whatever they are hauling to the location it needs to be. If they are late they may be fined or even lose a bonus so there are incentives to get the load there on time or even early. Even though there are laws, drivers are more motivated to drive over the hours they can legally drive. Remember the movie Smokey and The Bandit? They had 28 hours to go from Atlanta to Texarkana, Texas and back in under 28 hours to get Coors beer. Even in the movies they joke about driving long and tired to get somewhere on time.
  • Failing to perform regularly scheduled maintenance– Truck drivers are similar to other commercial drivers in that they are required to regularly run specific safety checks and do regular scheduled maintenance to their vehicle. This also goes for UPS and Amazon trucks.
  • Driving under the influence– This is a common problem all over but when a truck driver does it it can be deadly. The funny thing is on the same lot or near all truck rest stops are bars and liquor stores and even though big rig truckers have a cab that has a sleeper car some choose to take the risk and  drive after they’ve had a few.
  • Reckless driving- Reckless driving can be anything from running a light, making unsafe lane changes, or failure to yield, and unsafe turns

Since most truck drivers are required to have a CDL or commercial drivers license to drive trucks across the country they can be held to a higher standard of driving.

To get a CDL license you must attend school and pass a special exam before you are issued a truck or bus driver license.

 

Truck accident lawyer needed in Nevada

What can Semi-Trucks do to Avoid Accidents 

Las Vegas is right on the I-15, a cross country highway that stretches from California to Montana before hitting the Canadian Border.

Las Vegas sees a lot of trucking activity on the interstate.

So when driving through Nevada there are a few things that truck drivers can do to avoid dangerous accidents.

  1. Slow down, do the speed limit and slow down during bad weather or hazardous road conditions and construction.
  2. Comply with the driving hours restrictions. Get rest, sleep and stop and take breaks.
  3. Observing all traffic laws and drive safer, no drunk driving.
  4. Maintain safety and maintenance of vehicle.
  5. Maintain a safe stopping distance to be able to stop a vehicle of this size properly.

 

These are just some of the things that truck drivers can do to avoid an accident.

But not all accidents are caused by negligence; it can sometimes just be an accident or maybe faulty equipment that you weren’t aware of like faulty brakes.

Maybe in an accident the police initially say the driver failed to stop properly or fast enough but after an investigation of the truck they find the brakes failed.

The driver would not be held liable for negligence because he didn’t know the brakes failed until he tried to stop.

However the truck company or the brake manufacturer may be held accountable for faulty equipment.

This can only happen after an investigation into the accident.

At Richard Harris we will start a thorough investigation into your case the minute we take the case.

This will always be an independent investigation from the one conducted by the police.

 

Evidence to Prove Negligence

When claiming negligence against a truck driver or trucking company you need to gather as much evidence as possible as soon after the accident as possible.

Gathering evidence should be something that you do in any accident, but proving negligence in a truck accident there are some very specific pieces of evidence that you should gather when filing a negligence claim.

  1. Police reports and evidence from the accident scene- This includes police reports, photos, video, witness statements, accident recreation by the police. The police usually do all of this immediately after an accident.
  2. Truck Drivers Log Book- All truck drivers are required to keep and complete a log book. This is federally regulated and required to be updated daily. Failure to file a log report can also mean they were negligent.
  3. Truck’s GPS or Blackbox Data- Most trucks now are equipped with GPS trackers, on board computers, blackboxes (just like on an airplane) and even on board camera systems.
  4. Employment records- All data or records that have anything to do with the driver at the time of the incident. This includes phone records as well.

As an accident victim you need to be proactive in your case and gather as much evidence as possible.

Sometimes this information is not easy to get or you may need a warrant or a subpoena to get the evidence.

An experienced legal team will have an investigative team to help gather all the evidence in your case.

 

Why Hire a Personal Injury Attorney

If you have been injured in an accident involving a big-rig truck or a trucking company you need an experienced law firm to represent you.

Most truck drivers work for large trucking companies or are independent contractors, either way claiming negligence in either case can be difficult.

When you call us for a free consultation and we take your case we immediately take over all the investigation and evidence gathering.

You only have 2 years from the accident according to Nevada statute and dealing with the insurance adjusters can be crazy.

If we think the truck driver or trucking company is negligent we will take your case and fight for the largest settlement allowable by law.

If the truck manufacturer sold faulty equipment we will file a claim against them as well.

If you need a 2nd opinion then call us for that.

The Richard Harris Law Firm has recovered $1 billion for our clients and have been in Las Vegas for over 40 years. 

 

swimming pool accident

Filed under: Blog

June 17, 2022

Swimming Pool Accident Lawyer Las Vegas Nevada

  Always Follow Safety Rules at Swimming Pools Living in Nevada especially southern Nevada and Las Vegas comes with its own set of circumstances. Everyone is familiar with the oppressive heat in the summer in…

Read more

 

Always Follow Safety Rules at Swimming Pools

Living in Nevada especially southern Nevada and Las Vegas comes with its own set of circumstances.

Everyone is familiar with the oppressive heat in the summer in Las Vegas.

In the summer months the temperatures can reach well over 100 degrees or even 120 degrees.

Besides, air conditioning pools are the other way we cool off in Las Vegas.

Some Casino hotels even allow locals to go to the pools with a local ID.

I even remember going to The Rio pool in the summer to beat the heat since I didn’t have a pool at my home.

The Rio was even nice enough to “chill” the pool water to keep it cold so you could actually cool off.

Las Vegas has also become known for the summer pool party at the giant pools at the big casinos.

This all started with Rehab at the Hardrock Pool years ago.

Rehab was the Sunday pool party that started it all.

Every Sunday thousands of people would wait in line and pay over $100 to get in just to stand outside or in the pool itself depending on how crowded it was and who the entertainment that week was.

It was a crazy fun time even though you had to pay to sit in a chair everyone wanted to go to.

But there is always a dark side, over the years at Rehab and yes it was around for years there were a few very bad incidents that happened at Rehab including drowning in the pool.

Since pool parties at hotels and private pools are commonplace in Las Vegas pool accidents are more common than you think.

If you have been injured in an accident at the pool you have rights after an accident.

Call The Richard Harris Law Firm today to discuss your pool accident case.

Common Causes of Swimming Pool Accidents

Swimming pool accidents are caused by many reasons but there are some more common ones that we see:

  1. Unsafe, uneven or broken area surfaces around the pool area- broken concrete, missing pool deck tiles, and buckled pool area surfaces that haven’t been repaired or replaced are a few examples.
  2. Electrical problems and broken lights, pool filters or cleaners not working due to electrical problems. Even electrocution can happen if the pools electrical system is not maintained properly.
  3. Broken or defective equipment. This includes diving boards, drains or drain covers, and stair railings.
  4. Bad Signage and lack of warning signs, faded or missing sings about diving, water depth or any other safety measures.
  5. No Lifeguard on duty and improper supervision or no lifeguard at all.

 

who is responsible for swimming pool injury

Who Is Responsible for Your Swimming Pool Accident

The homeowner- If you were at a private residence and injured the homeowner must have insurance for their home and that includes the pool. You can pursue a claim through the insurance of the home owners insurance

Condo and Apartment Complex– If you were injured or a loved one drowned in an accident at a condo or apartment complex then the property manager or management company can be held responsible since they are responsible for the safety of their residence.

Hotels and Resorts– Since these are public places they have a higher safety standard to uphold. Since this is the case hotel and resort owners or their parent companies can be held liable for a pool accident or death

Entertainment Company– Sometimes the big pool parties at the hotels are run by large entertainment companies. Essentially the hotel rents the pool to the company for the party. Making the entertainment company the responsible party.

Sometimes figuring out who is at fault in a pool accident or death can be like peeling back the layers of an onion.

That’s why hiring a good legal team can make all the difference .

 

swimming pool accident injury
call Richard Harris for injuries from a swimming pool accident

Common Swimming Pool injuries

Whether or not you are at a giant hotel pool party or at your friends condo pool most common injuries from pool swimming accidents include:

Diving Injuries– this includes neck and spinal cord injuries from hitting the water the wrong way or hitting the bottom of the pool because its too shallow.

Drowning– This happens mostly to unattended  children and adults who maybe under the influence or can’t swim. Drowing accidents can be avoided. Sadly brain injuries also happen when a drowning victim ends up living.

Cuts and Bruises– These usually happen by getting caught on a sharp edge of a railing or diving board.

Slip and Fall – This happens all too often when kids are running or adults or drinking and suddenly slip and fall.

 

No matter how small you may think your pool injury is, you should always seek out medical attention immediately to make sure you don’t have injuries that you’re not aware of.

Then you should call a personal injury attorney before you speak with any insurance company or hotel representative.

 

Compensation for Damages In a Pool accident or Drowning

If you are a loved was injured in a pool accident you can recover damages for the following –

  • Current and future medical bills- This includes all aspects of medical treatment including emergency room visits, physical therapy, surgeries, medications, future or ongoing treatments
  • Lost wages- Lost wages include anytime you missed work because of the accident including work missed for medical treatment. Lost wages can also be wages that you could have earned or future earnings 
  • Pain and suffering- These are damages awarded based on the severity of the accident and determined by a judge.
  • Punitive damages- This is to punish the at fault party. Based on the severity of the negligence that caused your accident.
  • Wrongful death- No amount of money can replace a loved one but there is specific compensation for the death of a loved one. This money will go to the surviving relative like the spouse or children.

 

How Much is My Pool Accident Worth

Like all accidents there is no amount of money that can replace a loved one or make someone whole again after a severe injury.

So if you are injured in a swimming pool accident you might be entitled to damages if the accident was caused by someone else’s negligence or faulty equipment.

But damages are not set, they are determined by many factors including the severity of the accident or injury.

Was the accident caused by negligence or faulty equipment that could have been prevented or was it just an accident.

Did the accident result in a death?

These are all considerations that are taken into effect when determining the compensation of your case.

Having a strong legal team on your side will help you get the largest settlement available to you.

 

Hiring a Personal Injury Lawyer

When you are injured in any accident including any pool related injuries you should contact a personal injury attorney right away after you seek medical attention.

But timing is important in Nevada since you only have two years from the date of the accident or two years from the date of a person’s death to file a claim. 

At The Richard Harris Law Firm we offer free consultations.

We are available 24 /7, someone will always be available to speak with you.

We work on a contingency basis so you don’t have to lay any money out upfront, we only get paid if we win your case.

Our goal is to get you the maximum settlement allowable by law.

We have had a relationship with the Las Vegas community for over 40 years.

Call us today if you have been injured in a pool accident.

 

Swimming Pool Accident Statistics

  • From 2015-2017, 73% nonfatal swimming pool injuries involved children younger than 5
  • Males younger than 15 were twice as likely to be involved in a fatal drowning than females
  • Almost 6500 children younger than 15 years old were treated for pool injuries from 2015-2017
  • 75% of fatal pool accidents occured at residential locations
  • 67% of swimming pool drowning deaths involved children younger than 3 years old.
  • In Pennsylvania alone, four children died from drowning in a swimming pool in 2014.
  • About 75% of drowning deaths of children younger than 15 occurred at a swimming pool located at a private residence (home pool, neighbor’s pool).
  • 17 percent of swimming pool-related drowning deaths among children younger than 15 happened in an above-ground pool.
  • 9 percent of those pediatric drowning deaths occurred in portable pools.

 

tips to avoid pedestrian accidents

Filed under: Blog

June 14, 2022

Injured At a Beauty Salon or Day Spa

  Beauty Salon and Day Spa Injuries Everybody wants to look good and for most of us that involves a trip to the salon, spa or barbershop. We spend billions of dollars a year on…

Read more

 

Beauty Salon and Day Spa Injuries

Everybody wants to look good and for most of us that involves a trip to the salon, spa or barbershop.

We spend billions of dollars a year on beauty and wellness products.

From a haircut at the barbershop to a full spa day at a high-end hotel spa and everything in between.

We are a culture always willing to try anything to remain youthful or look polished.

But underneath the instagram photos of the perfect hair color and cut or the latest spa craze there is a dark side to the salon beauty industry.

Many people don’t realize that every year there are thousands of injuries that happen at salons due to chemicals, sharp objects, or electrical issues. 

When you come to Vegas you want to look good.

Maybe you brought a dress from home and have plans for a nice dinner and a show.

So you make an appointment at the salon at the hotel you’re staying in to get your hair and make up done.

But what happens when the hairdresser burns your forehead with a hot iron?

This is the type of injury that could scar you for life if it’s bad enough.

What happens after this horrible experience?

You need to call The Richard Harris Law Firm, we have many years of experience dealing with injuries from the salon.

 

Most Common Salon Injuries

Most people don’t think of the salon as a place that can be dangerous and cause injuries or infections that can have lasting or permanent effects.

But even your longtime trusted stylist can cause injury to you.

There is a board in Nevada that is meant to protect customers.

Here are some of the most common injuries that happen in the beauty salon.

  1. Burns- There are two types of burns that you can get at a salon. The first is chemical burn. Chemical burns are caused by the chemical they use to color, straighten, or dye hair. Chemical burns happen when the chemicals are left on too long or the chemicals are defective or you could have an allergic reaction. Skin burns are the second type of burn associated with salons. These come from hot tools like flat irons, curling irons, or hair dryers. These happen when your stylist accidentally burns your head or skin with the hot tools or the tools are defective. 
  2. Infections– If you’ve ever had a pedicure and soak your feet in the water you’ve questioned how clean everything is right? Well infection due to unsanitary conditions are a huge thing in salons. Most people don’t realize that salons like restaurants are inspected and regulated by the health department. But if a salon is not cleaned properly you could be in for things like athletes foot fungus, staph infections or bacterial infections. Some of these require prescription medication and doctors visits to clear up. Staph infections however can be dangerous and if not treated can be deadly.
  3. Slip and falls – There’s always a lot going on in a salon, like hair cuts, coloring, styling and so on. There is always water or products on the floor as well as cut hair and they are always sweeping or mopping. This is just an accident waiting to happen when the floor is wet and hazardous and maybe the staff doesn’t know that’s when patrons fall and accidents happen.
  4. Cuts– There are plenty of sharp objects in a salon: Scissors, hair cutting shears, nail clippers, razors etc. All of these tools can be dangerous and cause cuts and lacerations if not used properly or are defective.
  5. Hair loss – This is actually quite common and can cause real mental harm to the victim. Don’t sit quiet if you’ve been injured in a salon. Call us today for a Free consultation.

 

Our personal appearance is very important since it’s the first thing people notice about you, but any injury at the salon can be devastating and can cause lasting physical and emotional damage.

Working with an experienced personal injury attorney can leave you with financial compensation for your injuries.

If you have been injured in a salon in Nevada you need to call The Richard Harris Law Firm today for a free consultation.

 

can i file a lawsuit against a hair salon
hire the best vegas law firm

Compensation For Salon Accidents

Like all injuries and personal injury claims you may be eligible for financial compensation for your injuries.

Determining compensation is not an exact science and is determined by the court based on several factors including the severity of the injury.

Was your injury a third degree burn with scarring from a defective curling iron?

Or was it a singed hair burn from over done chemicals that will grow back?

Who was at fault?

Was the stylist at fault for being inexperienced or not paying attention?

Or were the tools or chemicals faulty?

Was the floor wet without a sign of someone cleaning it up?

Or was it properly marked and being cleaned by staff?

These are just a few examples of some of the factors that go into determining what compensation you’ll receive.

Compensation may include:

  1. Medical expenses related to the injuries or future medical expenses– For example if you were burned by chemicals you’ll need burn treatment and maybe even skin graft to repair the burnt or scarred area.
  2. Lost income- If you missed work due to this injury or need to get medical treatment and you miss work you can be compensated for your missed time.
  3. Pain and suffering- Pain and suffering is determined by how severe your injuries are and the physical and emotional toll that these injuries have taken on you.
  4. Punitive damages- Basically to punish the at fault party for their negligence.

 

What to do After an Injury at the Salon

Like all businesses, salons, barber shops and spas all carry insurance for their business.

So if you have been injured at the salon you should seek out medical attention immediately especially for any burns that you may have suffered.

You need to notify the owner or manager of the salon as soon as the accident happens if they were not present.

Most owners will contact the insurance company immediately.

You should never speak to any insurance adjuster without legal representation.

Insurance companies will try to deny the claim altogether or minimize the claim so they can pay the minimum.

So before you speak to anyone about your case you should always call an experienced personal injury firm.

A good legal team will deal with the insurance companies and insurance adjusters.

If you have reported the incident to the owners and got medical attention and the owner still hasn’t submitted a claim to the insurance company your legal team can start one for you.

If you have been injured in an accident at any salon call the top Las Vegas accident injury lawyer Richard Harris.

 

Why Call The Richard Harris Law Firm

We know you have choices when it comes to legal representation.

At Richard Harris our clients and getting the largest settlement allowable by law is our goal.

We work as a team to represent our clients.

We have been serving the community of Las Vegas (Summerlin, Reno, North Las Vegas, Henderson) and all of Nevada for 40 years.

Our personal injury firm operates on a contingency basis that means we take no money up front and only get paid when we win your case.

We have recovered over $1 billion dollars for our clients over the years.

Our staff is available 24/7 for a case review or free consultation.

No case is too small. 

green valley nv schools and pedestrians

Filed under: Blog

June 13, 2022

Youth Sports Injuries and Accidents When Kids Get Hurt

  Kids and Youth Sports Injuries Let’s face it, all kids get hurt and when they do we call them resilient or we say oh they are kids and they will bounce back. I’ve heard…

Read more

 

Kids and Youth Sports Injuries

Let’s face it, all kids get hurt and when they do we call them resilient or we say oh they are kids and they will bounce back.

I’ve heard those comments my whole life especially when it comes to kids and sports.

Parents have good intentions when they sign their children up for youth sports programs.

Youth sports programs are usually a great thing for children that can teach invaluable skills that can last a lifetime.

However youth sports can have a darker side.

Every year thousands of children end up injured sometimes severely while playing youth sports.

But overall youth sports programs are a great thing for kids to take part in.

They teach skills like sportsmanship, team building, social skills, accountability skills and many other things.

But parents should do their homework before signing up kids for any sports program.

Like everything else, knowledge is power when it comes to youth sports.

 

who regulates kids sports

Who Regulates Youth Sports Programs

You’d be surprised to know that the federal government does not regulate youth sports in any way and leaves it up to the state discretion.

Since there are no federal regulations or laws governing youth sports and each state is responsible, this leaves different rules in different places for different sports.

This can all be very confusing and since it’s children you would think they would have something in place.

In Nevada, The Nevada Interscholastic Activities Association is the state’s governing body for youth sports and sports teams.

They create and propose all regulations for youth sports in Nevada.

However this only covers public school sports.

Private schools, universities, and private sports clubs are allowed to have their own guidelines for rules and safety.

So doing your homework before signing up for any youth sports program is important.

Know who creates the rules and regulations for your specific sports program.

 

injury from kids sports

Who is Responsible for Youth Sports Injuries

This is why doing your homework is so important.

When you sign up for anything like youth sports you will be required to sign a waiver not holding the program responsible for anything.

We all have signed these documents but do they actually hold up in court and who is ultimately responsible for a child’s injuries in a youth sports accident?

When a child or adolescent is injured while playing youth sports who is ultimately responsible?

That depends on many factors like was there negligence involved?

Was there faulty equipment?

Did the coaches allow dangerous or violent behavior?

Were the playing conditions safe?

Answering any of these questions can determine who is at fault or held accountable.

  • The facility or stadium- The outlet can be held responsible for injuries if the sporting event was held in a facility that was unsafe, not up to code, or held when weather conditions could cause injuries.
  • Sports league or school- They can be held liable for children’s injuries if they are negligent in their care of your child or fail to stop violence or bullying. They can also be held liable if they perpetuate a culture of violence
  • Equipment manufacturers- Many people don’t think about this but playing a youth sport like football requires a large amount of equipment. The equipment manufacturer can be held liable for injuries if the equipment was faulty and as a result your child was injured.

 

Just because you signed a waiver as a parent for your child to play youth sports doesn’t mean that someone can’t be held responsible for your child’s injuries if in fact negligence has occurred.

If your child was injured in a sports related accident contact The Richard Harris Law Firm today for a free consultation.

 

The Assumption of Risk

The assumption of risk basically states that you assume the responsibility that is equal to the sport.

There is an assumption of risk in all sports and most waivers will include the assumption of risk.

For example, if you sign your son up for football there is an assumption of risk for your son to get a concussion.

This is because concussion is a common occurrence in football at all levels even with a helmet.

The assumption of risk however does not include getting a staph infection in the locker room after the game.

In this case the assumption of risk is void since a staph infection is not an assumed injury in football.

Only an experienced attorney can work around the assumption of risk or make it work in your favor.

Don’t ever just assume that because of a signed waiver or a risk assumption that you don’t have a case if your child is injured in a youth sports accident. 

 

Why are Child Sports Injuries Different From Other Injury Cases

There are a few reasons why cases involving a minor are different from other injury cases including sports injuries.

  1. A minor can’t file a personal injury case. The parent or guardian must file on behalf of the child.
  2. Any settlement money awarded to a minor must be placed in a trust fund that is held in the trust until the minor turns 18. In some cases the parent can have access to the funds to care for the minor child. This all must be established by an attorney.
  3. The parents or guardian cannot sign legal court documents under the age of 18 so the parents are required to sign as an agent of the child. Again these things are all set up by attorneys

 

Most Common Child
Sports Injuries

All sports have some common injuries that occur more often than others

  1. Sprains and Strains- these are the most common sport injuries for any sport adult or child. Sprained wrist and ankles are not life threatening or even permanent but they are painful and can take time to heal if they ever heal permanently at all.
  2. Broken bones- after sprains and strains this is the next most common sports injury. Broken bones can be a simple fracture to a compound fracture that can require surgery. In some cases they may never heal correctly and can require long periods of recovery
  3. Concussions or TBI ( traumatic brain injuries)- these are a very common injury in any contact sport such as football or hockey. Concussions can lead to severe brain damage as we have seen in many retired football players. Traumatic brain injuries are often permanently damaging and can require lifelong care for the injured party.
  4. Spinal cord injuries or paralysis- these are also fairly common in contact sports and again may require lifelong care for the injured. 

All sports injuries are serious especially when your child is involved.

But after you have gotten your child medical attention you need to call a personal injury lawyer right away.

Never talk to any insurance company or another lawyer for the school, or sports team without proper legal representation. 

 

Why Hire The  Richard Harris Law Firm

When your child is injured in a sports accident the sports team, school, or facility will have a legal and insurance team ready.

Why shouldn’t you?

We know you have choices when it comes to your legal representation in Nevada.

The Richard Harris Law firm has been in the Nevada community for over 40 years.

We have recovered over $1 Billion for our clients.

We work on a contingency basis meaning we only get paid if we win your case.

We offer free consultations and case reviews. 

Our clients are our number one priority.

We fight for you and will only accept the largest settlement allowable by law.