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bertawillus · 5 years

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When Do I Need A Workers Compensation Lawyer?

Injuries at work happen and while employers do their best to maintain a safe work environment, accidents do happen. Your injury may be severe and debilitating. You will want to consult with a workers compensation lawyer to determine a fair and just amount.

The law offices of Dallas Horton and Associates, are experienced workers compensation lawyers who can help victims of work related accidents. Call us today for your no free consultation.

You May Need A Workers Compensation Lawyer If Your Claim Has Been Denied

If your claim has been denied, you may want to seek a personal injury attorney to represent you to overturn the denial. The employer may try to dispute the fact that your claim was work related.

An attorney will be able to use legal tools to gather evidence for your hearing. At your hearing your workers compensation attorney will represent you, present evidence, and work to overturn your claim denial.

You May Need A Workers Compensation Lawyer If Your Permanent Disability Rating Is Disputed

Suffering a permanent disability while working is the most common reason employees seek legal representation. Workers compensation uses a permanent disability rating to calculate benefits.

There are two types of permanent disability categories: Permanent Total Disability and Permanent Partial Disability.

Permanent Total Disability is when you are injured and are unable to ever work again. These are the most serious of disabilities, such as blindness and loss of arms and legs. Permanent total disabilities payments last throughout the injured worker’s lifetime.

Permanent Partial Disability includes things like broken fingers or limbs. The employee will recover and return to the workforce at some point in the future. States have in their workers compensation laws what are called scheduled loss or unscheduled loss.

A scheduled loss is disability in the extremities, like fingers, toes, arms, hands, and feet. An unscheduled loss is a disability that is not in the workers compensation list and these types of disabilities are more complicated to calculate.

You May Need A Workers Compensation Lawyer If You Have a Pre-existing Condition

If your injury at work involves a body part in which you have a pre-existing condition, you may need to seek an attorney to represent you. This is important for your case, as the insurance company will more than likely blame your injury on the pre-existing condition.

Repetitive stress injuries may fall in to this category, and can be difficult to prove. An experienced lawyer will be able to present the facts in a way that demonstrate your injury is not related to a pre-existing condition.

You May Need A Workers Compensation Lawyer If You Have Trouble Getting The Treatment You Need

Perhaps you are not getting the medical attention you need. Your injury may require surgery or treatment by a specialist. Your attorney will represent you against the insurance company to make sure you get the medical treatment you need to help you recover from your “on the job” injury.

You May Need A Lawyer If Your Ability To Work Has Been Affected

Perhaps you are facing a lifetime disability. You will want to seek out a lawyer to make sure you will receive the appropriate and fair amount of compensation.

Your injury can be an injury that causes you to have to seek a new profession. An attorney will work to insure that benefits are provided to train you in a new line of work.

You May Need A Lawyer If You Are Receiving Government Benefits

If you are already receiving disability benefits or utilizing Medicare, your benefits could be reduced or you may have to pay out of pocket for medical treatment. Workers comp attorneys will work with you to minimize any reduction in existing benefits you may be receiving.

You May Need A Lawyer If You Have A Workers Compensation Hearing

If the insurance company does not offer a settlement, you may be faced with a workers compensation hearing. During this hearing the insurance company will have experienced attorneys present.

You also need to have an experienced attorney on your side during this hearing. They will assist you in obtaining a fair and just settlement for you and your family. The workers compensation attorney will be able to present your case, and represent you against the insurance company. Experience matters when it comes to these hearings, so make sure you choose a lawyer with a proven track record of success.

Dallas Horton and Associates are highly rated, experienced, workers compensation attorneys. Call us today for a no cost evaluation of your case.

from Dallas Horton Las Vegas Attorney https://gdallashorton.com/when-do-i-need-a-workers-compensation-lawyer/ source https://dallashortonlawfirm.tumblr.com/post/183755606295

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bertawillus · 5 years

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How To Deal With An Insurance Adjuster On A Personal Injury Claim

You were involved in a car accident and you file a claim with your insurance company. One of the first call’s you may receive from your insurance company will be the insurance adjuster working on behalf of the insurance company.

Negotiating with an insurance claims adjuster can be an intimidating experience. Before you agree to any compensation offered by the insurance company, understand how to speak to the insurance adjuster so you can protect yourself and get a fair settlement.

Dallas Horton and Associates, personal injury attorney will know how to negotiate with an insurance claims adjuster, and will be familiar with the tactics they can use to give you less than you deserve.

Dallas Horton and Associates have experience negotiating with insurance claims adjusters. Before you speak to the adjuster, give us a call for a free evaluation of your case. You may be entitled to more compensation than you realize.

What Does An Insurance Claims Adjuster Do?

The insurance claims adjuster is there to assess damage, take your statement, and estimate compensation. Talking to the insurance adjuster is one of the most important conversations you will have and what you say will have an impact on the amount of money the insurance company will pay.

The insurance adjuster will calculate actual expenses like medical bills and loss of income. They may also estimate losses from pain, suffering, and emotional distress.

Expenses in the form of medical bills or lost wages are simple in their calculation. Pain and suffering calculations are a little different. They may use a per diem calculation in which you are paid a specific amount for each day of pain and suffering. Or they may utilize a pain multiplier system that multiplies the medical expenses times a set number.

The insurance adjuster will try to get to you make a statement—and possibly even record your statement—before you are mentally recovered from the accident or consult with a attorney. You are not legally required to make a statement to the insurance adjuster. Simply tell the adjuster you will make a statement at the appropriate time.

Keep in mind the insurance adjuster is not working for you. He is not an attorney, and may ask questions that will allow the insurance company to reduce the settlement amount or deny your claim. The insurance adjuster may even try to get you to take an immediate settlement. Do not agree to anything until you have all your facts together, or have obtained the services of an experienced personal injury attorney.

Provide Only Limited Information

Give no details about your injury or accident until you have time to collect yourself or consult with an attorney. While you certainly want to be polite and courteous, you are not required by law to make a statement. Take time to recover from the trauma of the incident, because you want to be clear minded when you do speak with the adjuster.

After an accident you need time to investigate the accident and evaluate the situation on your own. You will want to have a doctor give you a medical examination so you have a clear understanding of your injuries.

The Insurance Adjuster Works On Behalf Of The Insurance Company

The insurance adjuster works for the insurance company, and their job is to pay as little money as possible. They may seem like a nice friendly person, and may try to subtly get you to give information that may be harmful to your claim.

Do not do this until you have consulted with a personal injury attorney. The insurance claims adjuster is protecting the interests of the insurance company and may seek ways to minimize the settlement amount or get your claim denied.

Do Not Let The Adjuster Record You

The insurance adjuster may ask you to give a statement, and possibly even record your statement. Do not do this! A recorded statement submitted as evidence in court is difficult to dispute.

Knowingly being recorded may cause you to be nervous and make statements that could cause the insurance company to deny your claim or reduce the settlement amount.

Politely let the adjuster know that at this time you are not prepared to make a statement. Get the adjuster’s name and contact number, and let them know you will be in touch at the appropriate time.

Take Notes When Speaking With The Insurance Adjuster

It is important for you to take notes of the conversation with the insurance adjuster. Make sure you have the adjuster’s name and contact information. Also write down any dollar amount offered by the insurance adjuster or specific statements the insurance adjuster makes about your claim.

Remember if you have been severely injured you should seek representation. Las Vegas personal injury attorneys Dallas Horton and Associates will review your case at no cost to you. Give us a call to discuss your situation before you say a word to your insurance adjuster.

from Dallas Horton Las Vegas Attorney https://gdallashorton.com/how-to-deal-with-an-insurance-adjuster-on-a-personal-injury-claim/ source https://dallashortonlawfirm.tumblr.com/post/183755606185

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bertawillus · 5 years

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What Is Personal Injury Law?

Personal injury law is the branch of law that deals with people who have been injured physically or psychologically by another person or product. Personal injury law, also known as “tort” law, allows a person to seek legal remedy or compensation from the injuring party. This is known in the legal system as being “made whole”.

Dallas Horton, represents victims in all areas of personal injury. If you or your family member has been injured through no fault of your own please give us a call for a free review of your case.

The Different Types Of Personal Injury

Accidents, such as vehicle accidents, slip and fall accidents, or injury on someone’s property.

Intentional Acts of Harm, such as assault and battery, or any act that deliberately harms another person

Defective Products are products that injure persons, another area of personal injury law that may entitle a person to receive compensation.

Defamation of character is damaging a person’s reputation or spreading false claims about a person.

What Happens When I File A Personal Injury Claim?

When your personal injury attorney files a claim on your behalf, you become the “plaintiff” and the party causing the injury becomes the “defendant”.

When your claim is filed, the first stage involves gathering evidence, taking depositions from witnesses, and exchanging documents between the insurers and your attorney. This process is called “discovery”.

During the discovery process your attorney may inform you that the “defendant” has offered a settlement. It is not uncommon for most personal injury cases to be settled out of court before the case reaches a trial.

If your case goes to trial, a jury will be selected. Your attorney will subpoena witnesses, present evidence, and argue that you have been injured through the defendant’s negligence, and ask for compensation.

A personal injury trial is different than a criminal or civil trial where there must be proof “beyond a reasonable doubt”. During a personal injury or “tort” claim, the standard of proof is lower than a civil or criminal trial.

Your personal injury attorney must prove that “more likely than not” the defendant is liable for any claims presented. In a personal injury trial, each claim must be believed “more likely than not” true. A jury can then find some claims more likely true than not and the opposite of other claims.

How Do I Know If I Am The Victim Of A Personal Injury?

Vehicle: If you are involved in a car accident, your lawyer has to show that the defendant driver did not exercise “reasonable care” when operating their motor vehicle.

Property: Getting injured on the property of an individual or business does not automatically entitle a person to a personal injury claim. When filing a claim against a property owner it has to be demonstrated that the property owner was aware of the potential for injury and did not make anyone aware of the potential danger on the property.

Neglect/Abuse: If you feel that you or a loved one are the victim of abuse or neglect, which are defined as intentional harmful acts by the caregiver or day care facility, you may be entitled to a personal injury claim. It needs to be shown that the acts were deliberate, intentional, and a violation of mandated standards of the State in which the caregiver or facility is licensed.

Bad Faith Insurance Claims: You could also be the victim of your insurance company acting in bad faith. The insurance company may deny your claim or offer you the minimal amount that you are entitled. Bad faith means that the insurance company has wrongfully denied you or offers you much less than what you are entitled.

If you feel you are the victim of negligence through no fault of your own, give us a call for a free evaluation.

Are There Time Limitations On When I Can File A Claim?

States have their own statute of limitations when it comes to filing a claim against the injuring party. In the State of Nevada, the statute of limitations is, generally speaking, two years. Fraud claims can be made up to three years, and medical malpractice four years.

It is important to speak with a personal injury attorney as soon as possible to stay within the statute of limitations and to give yourself the best opportunity to hold the party accountable.

The team at Dallas Horton and Associates has a proven record of winning settlements for personal injury clients. To find out if you qualify for compensation due to negligence call us today for your free evaluation.

from Dallas Horton Las Vegas Attorney https://gdallashorton.com/what-is-personal-injury-law/ source https://dallashortonlawfirm.tumblr.com/post/183755606075

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bertawillus · 5 years

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How Do I Know If I Need A Product Liability Attorney?

If the product has done any of the following, you should seek legal counsel:

An injury was caused by a product.

The responsible product was somehow defective.

The defect created an unreasonable danger.

For example, if your child was injured from a new toy, your child may be the victim of a defective product. You may have suffered damage through a faulty hair dryer that caused electric shock, or a fire was caused because of chemicals leaking from defective night lights.

There are many instances where a product was defective and caused bodily injury or property damage. It is important to remember that if you have been injured by a product do not try to fix or repair the product, and leave it in the condition that it is when it caused injury or damage.

Consult A Personal Injury Attorney

Product liability cases are often complex and require a great deal of supporting evidence and documentation. You have a time frame of two years from the time of discovery of the injury to file a claim. For example, if you became ill because of exposure to a toxic substance, you have two years from the day you discovered the source of the illness.

It is important to discuss your case with a personal injury attorney who has extensive product liability litigation experience. A PI attorney for instance will have a record of successful litigation against manufacturers whose products have caused harm.

Make sure that you research attorneys and find out what their track record is in pursuing damages for defective products. Manufacturers will want to put the liability back on the consumer and you want an experienced attorney who will hold the manufacturer of the product accountable.

Products are manufactured all over the world in this age of the global economy. While most goods sold are perfectly safe, unforeseen accidents do happen. If this happens to you don’t hesitate to speak to a personal injury attorney.

Product liability generally falls under state law. That is why if you live in Las Vegas, Nevada, consult with a Las Vegas based attorney who can speak with you about your case. There is no cost to you to speak to an attorney who understands product liability laws and has a proven track record successfully representing victims who have been injured by defective products.

Dallas Horton and Associates are experienced in product liability cases. Call us today for your no cost evaluation.

from Dallas Horton Las Vegas Attorney https://gdallashorton.com/how-do-i-know-if-i-need-a-product-liability-attorney/ source https://dallashortonlawfirm.tumblr.com/post/183755605990

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bertawillus · 5 years

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When Do I Need A Product Liability Attorney?

Injuries caused by defective products are common, and if a defective product has injured you or someone you know, you may be entitled to compensation. Manufacturers are responsible for the products they sell, and consumers should be comfortable knowing the products they buy are safe for their prescribed use.

Dallas Horton, is an experienced product liability lawyer who understand the responsibility manufacturers have for their products. Call us today for your no cost evaluation.

What Does A Product Liability Attorney Do?

A product liability attorney represents individuals who have been injured by defective products and litigates against companies that have created a product that has caused harm. Product liability attorneys are able to demonstrate that a product has caused harm and seek compensation for the injured parties.

A product liability attorney will work to demonstrate that…

The manufacture did not exercise care in manufacturing the product.

There was a design defect in the product .

The manufacture did not provide adequate warnings about the product.

A product liability attorney will be able to demonstrate the manufacturer of the product was at fault. They will call expert witnesses to testify the product was defective and could cause damage. The end goal is to pursue damages against the manufacture of the product, so that you can get the restitution you deserve.

A product liability attorney will hold the manufacturer accountable. Manufacturers may try to shift responsibility to the consumer. Defense attorneys for manufacturers of products will try to show the consumer was negligent in their use and handling of the product. An experienced lawyer to represent the consumer, however, will know what it takes to counter such claims.

NOTE: Dallas Horton, a top Las Vegas personal injury attorney, suggests that if you have been injured by a defective product, do not try to repair the product. It must be in the same condition as when it caused damage or injury for the best chance to prove your case.

from Dallas Horton Las Vegas Attorney https://gdallashorton.com/when-do-i-need-a-product-liability-attorney/ source https://dallashortonlawfirm.tumblr.com/post/183755605865

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bertawillus · 5 years

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Five Reasons You May Need A Personal Injury Attorney

Accidents and injuries happen in Las Vegas every day. When you or your family members are the victim of an accident, someone’s negligence, or abuse, you may need a personal injury attorney.

A personal injury lawyer will represent you in court on your behalf and generally there is no cost to you unless you are awarded compensation. There are five main reasons you should retain a personal injury attorney.

#1 – You May Need An Attorney If You Have Been Injured In A Vehicle Accident

Vehicle accidents are one of the most common reason people hire a personal injury attorney. Even minor accidents can cause neck, spine, and brain injuries. A minor accident may seem like “no big deal” and the insurance company may offer you a small settlement.

An insurance company will seek to settle a claim quickly. Spine, neck, and brain injuries are not always apparent, and the insurance company may try to convince you that you are okay, and offer a minimal settlement.

Your attorney will have a trusted doctor evaluate you and involve an investigator to look into the accident claims. They will work to get you a fair and just settlement that compensates you and your loved ones.

#2 – You May Need A Personal Injury Attorney If You Have Been Injured On Someone’s Property

If you have been injured on someone’s property you should consult with a PI attorney immediately. Injuries suffered on someone’s property can mean loss of current and future income.

Property owners do have a responsibility to prevent injury on their property. Your attorney will understand the legal requirements of property owners to prevent injury. Your attorney will work with you to navigate the legal complexities of property injuries and negotiate a fair settlement that compensates you.

#3 – You May Need A Personal Injury Attorney If You Have Suffered Injury Through Abuse Or Negligence

If you or a loved one has been injured through negligence or abuse you have the right to hold the abusive or negligent party accountable. Abuse cases are complex and often not discovered until after the problem becomes noticed or a wrongful death occurs. In these cases, an insurance company or the party responsible may seek to dismiss your claims or offer minimal compensation.

An abuse case requires a personal injury lawyer who is experienced in these types of cases and has a proven record of successful litigation.

In elder abuse, abuse of a minor, or negligence cases a PI attorney will work with you through the process to investigate your claims. Your attorney will work with you to determine the fair amount of compensation, and negotiate a settlement with the insurance company.

If you feel you or a loved one has been the victim of abuse or neglect call us for a free case review.

#4 – You May Need A Personal Injury Attorney If The Insurance Company Acts In Bad Faith

When an insurance company refuses to pay or offers a very low settlement, an experienced attorney will work to get the highest and most fair settlement. Insurance companies have attorneys who are working to prevent you from seeking fair compensation. They will work to prevent you from being awarded damages or seek to disqualify your claims.

You should seek a personal injury attorney who has proven experience in negotiating with insurance companies and getting their clients the best settlement possible.

You deserve the same professional representation that insurance companies have. A proper lawyer works for you, and only gets paid if you are awarded a settlement.

#5 – You May Need A Personal Injury Attorney If You Have Been Injured And Liability Is Unclear

Sometimes, you get injured and there are multiple parties involved. Or maybe a product you have purchased has injured you and it is unclear who is specifically at fault.

Your attorney will investigate your claim to uncover the responsible party. Your attorney understands the legal process needed to determine who is liable and has the experience winning settlements for clients who were injured through no fault of their own.

Have you or a loved one been injured in an accident, suffered from abuse and negligence, or been injured by a defective product? Give us a call for your no cost consultation. Our professional team has years of experience winning claims for our clients.

from Dallas Horton Las Vegas Attorney https://gdallashorton.com/five-reasons-you-may-need-a-personal-injury-attorney/ source https://dallashortonlawfirm.tumblr.com/post/183755605700

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bertawillus · 5 years

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Working Outside? How to Stay Safe in the Summer Heat

If you’re doing any work outside, the summer heat in Las Vegas, Nevada, can be devastating. Temperatures can reach the high double digits, which is high enough to cause sunstroke, sunburn and heat exhaustion. Staying safe in summer heat is essential, whether you’re working as part of your job or as part of home renovations. Here’s how you can stay safe while working outside in the summer heat:

1) Avoid the hottest parts of the day if you can.

Check the weather forecast to be sure, but in general, most areas will be hottest during the hours between 10 am and 3 pm. During this time, the sun will be at its peak and UV rays will be highest. If you have an option, work earlier in the day or later in the day, when the sun is lower in the sky.

2) Dress for success.

Wear light-colored, thin fabrics that allow your skin to breathe. Wear clothing that allows for easy mobility and keeps you cool. Even though long sleeves may not seem very appealing, a thin shirt with long sleeves can offer you added protection from the sun. Wear a hat, too, as well as sunglasses, to protect you from the sun.

3) Stay hydrated.

Bring plenty of water or a sports drink and drink frequently throughout the day. If you’re working outside in the sun, you may become dehydrated very easily, and this can exacerbate symptoms of stroke and exhaustion. Sip frequently throughout your work day to stay hydrated.

4) Try to work in the shade.

The shade will protect you from the sun, as well as from the sun’s glare and UV rays. Even if you can only work in the shade part of the time, try to do so.

5) Take frequent breaks.

Outdoor work in summer heat is especially dangerous if you overdo it. Working in the summer and in the sun is more dangerous, potentially, than working on a cloudy day or on a cooler day. You will get overworked more easily. Try to shorten your workday and head indoors when you can.

6) Use sunscreen.

Serious sunburns can cause your skin to peel painfully. They can also increase your risk of skin cancer. To prevent burns, wear a sunscreen with a high SPF. Use at least a shot glass or more to cover each part of your body and cover all exposed areas thoroughly. Reapply sunscreen often, especially if you’re working and sweating in the sun. Even waterproof formulas will rub off and wear off with time, so reapply regularly.

7) Be alert to the signs you are getting too much sun.

If you notice any of the following symptoms, you need to get out of the sun:

Dizziness

Confusion

Headache

Muscle cramps or weakness

Dry, hot and red skin

Rapid breathing and heartbeat

Seizures and unconsciousness

Parched, dry mouth

Pain behind the eyes

Lack of sweating

Retreat inside and get immediate medical attention. These may be signs of sunstroke or heat stroke.

Of course, if you’re trying to complete a project at home, it may be relatively easy for you to get inside and into the shade. But what happens if you’re out working and your employer insists on you staying outside until you’re at risk? You may have a workers’ compensation claim or a personal injury claim in Las Vegas or Nevada if your employer’s actions have led to an injury from the sun.

To find out what options you have, contact Dallas Horton & Associates after your injury. Our attorneys have more than 70 years of combined experience helping Nevada plaintiffs get justice. We’d be pleased to meet with you in a consultation.

photo credit via photopin (license)

from Dallas Horton Las Vegas Attorney https://gdallashorton.com/working-outside-how-to-stay-safe-in-the-summer-heat/ source https://dallashortonlawfirm.tumblr.com/post/180989626840

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bertawillus · 5 years

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What You May Not Know About Personal Injury Attorneys

We realize that many people may not understand exactly what personal injury attorneys do, and how they can make a difference between winning and losing your case. In this article, we’ll clear up some common misconceptions about personal injury attorneys, and get to the center of personal injury litigation.

First, a personal injury attorney’s job is probably more complicated that you might think. They are necessary in fighting for your rights as an individual who has been wronged and or injured. If you’ve been involved in a personal injury issue, the single most important thing that you can do is find the right attorney.

We’ve mentioned elsewhere in our blog the importance of evidence, highlighting cases that should have been won, but weren’t, due to a simple evidence gathering snafu. Here at Dallas Horton and Associates, we never want that to be the case when you come to us. In the litigation process, information reigns supreme, and protecting evidence is crucial in personal injury cases. That’s where a personal injury attorney can come in. He or she can help you collect information pertinent to your case; this process is called the “discovery” process. It is a crucial part of our job to lock in all the details about your case to best assist you. The sooner that you have someone on your side collecting evidence and information, the better and stronger your case will be.

A personal injury attorney can also help you accurately determine your damages. It’s easy to see how much an accident will cost you in bills, but there a whole other level of damages involved that need to be addressed. For example, how would you know how much is due for pain and distress? How would you know how much you are owed do to missing work and future work? A solid personal injury attorney can help you determine the answers to these questions, and walk you through various scenarios.

Sometimes, seeking a settlement is in the client’s best interest as it can save you time and money, along with getting cash to you expeditiously. Reaching a settlement, though, can be complicated, with a lot of inherent give and take. Always remember that the other side is also looking to get the best deal for their client. A good personal injury attorney understands what your case is worth, and will know when it’s best to reach a settlement, and will be able to apply leverage when necessary to get the best deal for you.

A skilled personal injury attorney, like the legal team at Dallas Horton and Associates ensures that you’ll get a fair shake in court. We hope that this article has cleared up some of your misconceptions about personal injury attorneys.

How important do you think a personal injury attorney is when litigating? If you have a personal injury case or questions, we urge you to contact us.

from Dallas Horton Las Vegas Attorney https://gdallashorton.com/misconceptions-about-personal-injury-attorneys/ source https://dallashortonlawfirm.tumblr.com/post/180989626755

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bertawillus · 5 years

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Las Vegas Bicycle Safety Tips

Staying safe on the roads is just as important for bicyclists as it is for drivers. In the United States, the National Highway Traffic Safety Administration has reported that 2 percent of all 2009 traffic accidents involved a bicycle, and over 51,000 bicyclists were injured in 2010. That is a staggering increase in bicycle injuries, up sharply from 43,000 in 2007.

Check out these surprising statistics on bicycle safety over the past couple of years:

About 85 million American adults ride a bike at least occasionally.

Head injuries account for 60 percent of cycling fatalities.

Properly fitted helmets reduce the risk of head injuries by 74-85 percent.

In Pennsylvania, children ages 5 to 14 years old are the most at risk of death and injury from a bike accident or bike crash.

1 in 8 of the cyclists with reported injuries has a traumatic brain injury. Two-thirds of bicycle accident deaths are from traumatic brain injuries.

Bicycle crashes and injuries are under-reported, because the majority of bike accident injuries are not serious enough for emergency room visits.

Use these helpful tips to prevent a bicyclist accident in Las Vegas.

Tips for the driver

Look for oncoming cyclists when making turns.

Look for oncoming cyclists when opening your door toward the street.

Don’t honk your horn at bicyclists if you don’t really need too—this can startle the bicyclist, causing a sudden movement

Do not follow a bicyclist too closely. Give them plenty of room ahead.

Be aware of bicyclists turning in any lane.

Tips for the bicyclist

Invest in common sense gear like a bike headlight, reflective badges, and a horn or bell.

Slow down if you think a driver can’t see you. This is especially important for dusk or evening travel and can help prevent car accidents.

Avoid traveling at night, if you can.

Do not ride on the sidewalk. Consider using the bike lane; this is the safest area to travel using a bike.

Ride on the right side of the road, with the flow of traffic, not against it.

If you find yourself in a situation in which you were injured by a motorist while on a bicycle, you deserve to be represented by the top personal injury lawyer in Las Vegas. Call the office of Dallas Horton and Associates at 702.380.3100 to schedule a free consultation.

Dallas Horton is one of the top personal injury attorneys in Las Vegas, Nevada. He specializes in personal injury, accidents, and wrongful death cases. He has been practicing law for over 15 years and has won millions of dollars in settlements for his clients. For more information or to contact Dallas Horton & Associates, visit his website at GDallasHorton.com or connect with him on Twitter (@gdallashorton) or Facebook (/gdallashorton). Any information contained herein does not constitute and should not be assumed to be legal advice. The contents of this post are the personal opinions of Dallas Horton and should not be assumed to be legal counsel.

from Dallas Horton Las Vegas Attorney https://gdallashorton.com/how-to-stay-safe-as-a-bicyclist/ source https://dallashortonlawfirm.tumblr.com/post/180989626470

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bertawillus · 5 years

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Nevada Supreme Court Upheld $32.2 million Against Goodyear

The Nevada Supreme Court has upheld a $32.2 million judgment in Clark County against Goodyear Tire & Rubber Company related to a single-car accident that killed three people and injured seven.

The court rejected the claim of Goodyear that the amount awarded by the jury was excessive.

The majority decision, written by Justice Mark Gibbons, said there was sufficient evidence to justify the amount because of the loss of life and serious injuries and it does “not shock our judicial conscience.”

The car’s occupants were traveling from Nevada to Kansas to attend a boxing match when a tire blew out and the vehicle overturned near Moab, Utah, on Interstate 70 on Aug. 16, 2004. Killed were Evertina Tapia, Andres Torres and Frank Enriquez.

A suit was filed by the surviving relatives and guardians of the children against Goodyear, Ford Motor Company and Valley View Hitch & Truck Rental. Both Ford and Valley View settled their claim.

During the pre-trial maneuvering, District Judge Sally Loehrer found that Goodyear failed to produce a witness and gave improper responses to interrogatories. She found that Goodyear “has taken the approach of stalling, obstructing and objecting” in its pre-trial behavior. As a sanction, Loehrer ruled that Goodyear could not present a defense of liability but only could argue to the jury the amount of compensatory damages and if it was subject to punitive damages.

The jury came back with the $32.2 million verdict but didn’t return punitive damages.

The survivors also appealed Loehrer’s decision that they would have to establish liability to receive punitive damages. The Supreme Court, however, backed up Loehrer in her ruling on the issue.

Justice Kristina Pickering dissented from the majority, saying Judge Loehrer imposed an “excessive penalty” on Goodyear’s pre-trial conduct. She said there was no evidentiary hearing to decide the disputed issues of fact over the blown tire.

She said the most fundamental of due process rights for Goodyear were violated.

Source: Las Vegas Sun

from Dallas Horton Las Vegas Attorney https://gdallashorton.com/32-million-judgment-against-goodyear-in-fatal-crash-upheld/ source https://dallashortonlawfirm.tumblr.com/post/180989626695

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bertawillus · 5 years

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New Years Safety Tips from A Las Vegas Personal Injury Lawyer

Deaths from alchohol-related crashes are nearly 150% on New Year’s Eve than on other days of the year. The AAA is reporting that nine out of ten drivers view drunk drivers as a significant risk to their safety on New Years.

As a personal injury attorney in Las Vegas, I see a lot of cases that come across my desk as a result of poor decisions. It grieves me to see so many lives ruined because of some poor decisions mixed with Jack Daniels. I don’t really want to have to defend you in court after the holiday. And, trust me, you don’t want me coming after you for my client.

Here’s a few things you can do this holiday to stay safe and make smart decisions:

Pick a designated driver. Seriously. This seems elementary. You’ve heard it since high school. But do it. There’s no excuse to leave unprepared.

Don’t hold onto your own keys. If you don’t have a designated driver, give your keys to someone else so you won’t be tempted to get into your car after a night of drinking.

Make plans. We all remember the old adage “If you fail to plan, you plan to fail.” If you plan on partying hard/late, make reservations at a hotel near where you’ll be. Pack an overnight bag. Heck, even bring a blanket to sleep in the backseat until you’re sober and alert enough to drive home.

Be smart. Another drink won’t sober you up. Coffee won’t sober you up. A banana won’t sober you up. Only time can get you back to thinking straight. Typically an hour for every drink. A full hour.

from Dallas Horton Las Vegas Attorney https://gdallashorton.com/staying-safe-this-nye/ source https://dallashortonlawfirm.tumblr.com/post/180989626595

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bertawillus · 5 years

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How to Have Fun but Stay Safe This NYE in Las Vegas

We all know drinking and driving is a bad idea. We all would agree there should be tougher penalties for drunk drivers who kill innocent citizens. We all feel strongly that drunk driving is a terrible thing. At least, we all agree when we’re sober. Put a few drinks in someone and their opinion can change very quickly.

Not only is drunk driving irresponsible and dangerous, it can be expensive and embarrassing. A DUI ticket is an expensive thing. The training you take to get it expunged from your record is expensive. Handcuffs aren’t a flattering accessory to your cutest New Year’s Eve dress.

To keep you and your friends safe on the roads this NYE, here’s a list of a few resources to take advantage of if you get partying harder than you thought you would:

The Designated Drivers Foundation will offer free, safe rides home for adult consumers (21+) from 8 p.m. Friday, Dec. 30 through noon, Sunday, Jan. 1. Put their number in your phone: (702)-456-RIDE.

The Las Vegas monorail will be offering discounted rides to locals. $1 will get you a ticket to any of their 7 stops (MGM Grand, Bally’s/Paris Las Vegas, Flaming/Caesars Palace, Harrah’s/Imperial Palace, Las Vegas Convention Center, Las Vegas Hilton and Sahara Avenue). Check out their website for more information.

Oh, and here’s the number to call if you see a drunk driver: 911.

Stay safe out there. I really don’t want to have to defend you in court because of a stupid action that Jack Daniels made you do. And you definitely don’t want me coming after you for my client, do you?

from Dallas Horton Las Vegas Attorney https://gdallashorton.com/resources-for-staying-safe-this-nye/ source https://dallashortonlawfirm.tumblr.com/post/180989626340

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bertawillus · 5 years

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What You Need to Know About Elder Abuse

One of the most terrifying situations you need to worry about when a parent or grandparent is living in an elder care facility or under the watchful eye of a caretaker is elder abuse. Most people unknowingly believe just because a caregiver or nurse is trained or certified to assist your loved one, nothing will happen to them. You also wholeheartedly believe that they are receiving all the proper care and will not be part of a neglectful situation. Think again.

You and your loved one are putting all your trust into a complete stranger. It’s sad to think that senior citizen abuse happens. Unfortunately, it can and does, even in the most-expensive and best facilities, as well as in your home under the attention of a caregiver. Elder abuse is any intentional, knowing or neglectful act by a caretaker or other person that causes harm to a vulnerable senior citizen.

According to the National Council on Aging (NCOA), roughly one in 10 Americans older than 60 have been a victim of elder abuse in one form or another. Despite this staggering statistic, you can learn how to prevent nursing home abuse or elder abuse. Family and friends can take a proactive approach to their loved ones’ care, which can help them recognize the warning signs of elder abuse.

What Is Elder Abuse?

Elder abuse is the emotional, physical or sexual abuse of senior citizens or the attempt to exploit, abandon or neglect them. Perpetrators include spouses, caretakers, children and other family members, as well as staff members working in nursing homes, assisted living, memory care or similar facilities. There are typically seven types of elder abuse reported to authorities:

Emotional abuse includes mental distress or pain inflicted by verbal or nonverbal acts such as intimidation, threats or humiliation.

Physical abuse is the pain or injury received by a senior from being slapped, bruised or restrained by chemical, such as medication/drugs, or physical means.

Sexual abuse means fondling, touching, intercourse or any other type of non-consensual sexual contact with an older adult who is unwilling to consent, unable to understand or feels threatened or physically forced.

Neglect or willful deprivation is the failure to provide protection, care, shelter, health care or food to an older adult who cannot do so themselves. It also includes exposing that individual to the risk of emotional, mental or physical harm.

Abandonment includes the desertion of a senior citizen by their responsible party.

Confinement is isolating or restraining a senior citizen in situations other than for medical purposes.

Financial exploitation is the most common type of elder abuse and includes withholding or illegally using an older adult’s property, funds or assets for another person’s gain.

Warning Signs of Elder Abuse

Sadly, many seniors who are victims of elder abuse remain quiet about it for fear of retaliation or worse. However, if you suspect someone you love suffers from this type of wrongdoing, you may want to check for some of the warning signs. Remember, one small sign does not indicate elder abuse. It would have to be pattern or series of symptoms. Some tell-tale signs may include:

Emotional Abuse

Sudden withdrawal from regular daily activities

Unexplained change in behavior, alertness and mood

Isolation from family and friends by caregiver

Hearing a caretaker belittle or threaten your loved one or be verbally aggressive or controlling

Physical Abuse

Unexplained abrasions, bruises, welts, fractures, burns or broken bones

Bedsores, open wounds and untreated injuries in different healing stages

Broken eyeglasses and signs of being subjected to punishment or being retrained

Mentioning being mistreated, hit, kicked or slapped

Lab findings of medication overdose

Sexual Abuse

Unexplained sexually transmitted disease

Having new problems walking or sitting

Bruising, bleeding or abrasions in the pelvic or genital region

Torn, bloody or stained undergarments

Panic attacks

Inappropriate, unusual or aggressive sexual behavior

Attempts at suicide

Neglect

Poor hygiene, rapid weight loss or unattended health or medical needs

Unsafe or unsanitary living conditions

Lack of food or appropriate clothing

Leaving a person with memory loss disorder, such as Alzheimer’s disease or dementia, unsupervised

Being confined to a bed and left without any type of care

Evidence of disrepair, clutter and dirtiness in the home

Lack of adequate facilities in home, such as heating, cooling, plumbing or electricity

Financial exploitation

Sudden change in wills, policies, titles or powers of attorney

Valuable items or cash missing

Sudden lack of affordable comforts and amenities in your loved one’s home

Giving excessively expensive financial gifts to caregiver or asking you for

financial reimbursement for care when the caregiver has already been paid

Giving caregiver complete control over finances without discussing it with you first

Who Is at Risk?

There are several theories to consider when deciding if a senior citizen is vulnerable to elder abuse. The NCOA states that almost 90 percent of the abuse and neglect that occurs among the senior community is committed by a known perpetrator, most commonly an adult child or spouse. For those acts committed by spouses, many of these situations start as domestic abuse earlier in the marriage. This also includes cases where the husband or wife tried to overpower or control the other through other types of elder abuse, including emotional, physical violence, threats and intimidation. Those at risk for elder mistreatment also include adult children who depend on their older parents for financial or other types of support. The risk of abuse is greater when an adult child lives with an elderly parent. Other factors that put individuals at risk for abusing seniors:

Caregiver stress is another theory related to elder abuse. Although the caretaker is well-meaning, they may be so overworked or overwhelmed with their job, especially in a large senior living facility, that stress overpowers the situation. The caregiver may act out by harming, neglecting or restraining the victim.

Those with a lack of experience are ill-prepared to care for a senior citizen. There isn’t much information available that offers support to caregivers for seniors. This can lead to unintentional neglect and abuse.

Caregivers with personal problems may be at risk for abusing seniors mainly as a function of their own shortcomings. A caregiver who has issues such as emotional disorders, unemployment, financial difficulties, drug addiction or alcoholism is more likely to mistreat another person who doesn’t have these same issues going on.

Not enough time during the day is a problem for many people, which in turn can cause excess stress. For a caregiver, they can feel pulled in many directions, therefore not having enough time to properly care for an elderly relative.

Just as there are risks for individuals to abuse or mistreat senior citizens, there are also several instances that show certain segments of the adult community are at risk for being abused:

Those with physical or mental impairments such as Alzheimer’s disease are more likely to be abused than seniors who are in good health. As a person’s health declines and needs increase, they become more vulnerable because they need more assistance with personal tasks such as bathing and hygiene. This can become a more stressful time for a caretaker, and they may realize those with memory impairments are less likely or unable to report the crime.

Seniors who are purposely kept from large groups or gatherings or live alone tend to be victims more than those who are sociable and live in large facilities or group homes.

Reporting Elder Abuse

Despite the high number of seniors who have been victims of elder abuse, it is estimated only one in 14 cases are actually reported to authorities, according to the aforementioned NCOA report. If you are in this situation and don’t know what to do about the nursing home abuse or elder abuse you’ve witnessed, here are a few steps you can take:

If it is a severe case where the senior’s life is in danger, call 911

In a non-severe case, contact your loved one’s family doctor or social worker

Use the Eldercare Locator, sponsored by the U.S. Department of Aging, or call (800) 677-1116 if you don’t know who to call about elder abuse

Visit state resources section of National Center of Elder Abuse, which is sponsored by the U.S. Department of Health and Human Services, for information on how to file a complaint or report in your state or for information on how to prevent elder abuse

If need be, seek legal counsel to help you file your report

When you are filing your elder abuse report, you need to make sure the information you supply is accurate and specific. Do not be general and state, “I believe my mom is being abused.” Describe as many details as possible, including names, dates and behaviors. When making a report, either on the phone, online or in-person, give the following details:

Elderly person’s name, address and contact information

Specifics about why you are concerned, including time, date and place of suspected abuse, and why you feel the mistreatment is happening

Any type of evidence, including witnesses’ names and/or photographs

Reporting Warning Signs of Nursing Home and Elder Abuse

If you are reporting the alleged abuse, you may be asked for your name, address and telephone, although in many states it is not required you identify yourself. Be prepared to give the following information about the victim:

Any known medical conditions including confusion or memory loss

Names and dosages of medications, including doctor and pharmacy information

The types of social support the senior citizen has

If you or anyone else has heard or seen incidents of hitting, yelling or other abusive behavior

Failing to report elder abuse or mistreatment is a crime, especially if the victim lives in a long-term health care facility that receives government funding. The following professionals are typically required to report any cases of suspected elder neglect or mistreatment:

Anyone who has full responsibility or custody of an elderly person

Health practitioners, including doctors, nurses, dentists, interns and emergency room personnel

Local law enforcement officers

Members of the clergy

Employees of county adult protective services

Licensed or clinical social workers

Employees or officers of financial institutions when there is suspected financial abuse or exploitation

All employees of heath care facilities such as long-term care facilities, hospitals, nursing homes, adult day care centers and residential care facilities.

In Nevada, professionals reporting the alleged neglect or mistreatment have the legal duty to report it to the authorities as soon as possible. Defying this law is a punishable misdemeanor carrying a sentence of:

Up to six months in jail and/or

Up to $1,000 in fines

Penalties and Sentencing for Elder Abuse

In Nevada, the following are several types of elder abuse penalties upheld by local and state courts:

A first offense charge of elder abuse that produces no substantial mental or great bodily harm is a gross misdemeanor. This carries a penalty of:

Up to 364 days of jail time and/or

Up to $2,000 in fees/fines and

Restitution

A subsequent conviction of elder abuse is known as a category B felony, which carries a penalty of:

Two to six years in a state prison and

Restitution

However, if the elderly victim is inflicted with any substantial bodily or mental harm, no matter if it is the offender’s first offense or not, it is a category B felony, which carries a sentence of:

Two to 20 years in a prison and

Restitution

Elder neglect, which is allowing an older individual to be inflicted with neglect or pain that doesn’t result in considerable mental or physical harm, is a gross misdemeanor and carries a penalty of:

Up to 364 days of jail time and/or

Up to $2,000 in fees/fines and

Restitution

Alleged elder neglect that causes substantial mental or physical harm is a class B felony and carries a penalty of:

Two to six years in a prison and

Restitution

The Next Steps

If you feel a loved one is a victim of elder mistreatment or you have seen signs of nursing home abuse, give us a call at (702) 380-3100 to talk about your case. We have the legal knowledge and experience needed to help you and your loved one.

from Dallas Horton Las Vegas Attorney https://gdallashorton.com/what-you-need-to-know-about-elder-abuse/ source https://dallashortonlawfirm.tumblr.com/post/180989626060

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bertawillus · 5 years

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Fireworks Safety Tips for Las Vegas Residents

This 4th of July we all will no doubt have fun on the agenda, however, there are some key safety tips that we should also keep in mind this holiday season. In order to prevent accidents this 4th of July holiday, here are some safety tips for you, your friends, and family. To insure a happy and safe holiday season, be sure to have fun responsibly!

Never allow young children to play with or ignite fireworks.

Avoid buying fireworks that are packaged in brown paper because this is often a sign that the fireworks were made for professional displays and that they could pose a danger to consumers.

Always have an adult supervise fireworks activities. Parents don’t realize that young children suffer injuries from sparklers. Sparklers burn at temperatures of about 2,000 degrees – hot enough to melt some metals.

Never place any part of your body directly over a fireworks device when lighting the fuse. Back up to a safe distance immediately after lighting fireworks.

Never try to re-light or pick up fireworks that have not ignited fully.

Never point or throw fireworks at another person.

Keep a bucket of water or a garden hose handy in case of fire or other mishap.

Light fireworks one at a time, then move back quickly.

Never carry fireworks in a pocket or shoot them off in metal or glass containers.

After fireworks complete their burning, douse the spent device with plenty of water from a bucket or hose before discarding it to prevent a trash fire.

Make sure fireworks are legal in your area before buying or using them.

via http://www.cpsc.gov/safety-education/safety-education-centers/fireworks/

from Dallas Horton Las Vegas Attorney https://gdallashorton.com/firework-safety-tips/ source https://dallashortonlawfirm.tumblr.com/post/180989626190

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bertawillus · 5 years

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What To Do After A Car Accident in Las Vegas, NV

A car accident is a traumatic event, one that, hopefully, most people will not have to experience. It’s easy to feel panicked and confused in the moment an everyday drive turns into something with the potential for long-term consequences for your health, finances and future.

While it’s impossible to anticipate when an accident will happen, understanding your obligations can help you make smart decisions at the scene and afterwards.

After an Accident: What to Do First

The first thing you should do after an auto accident is try to calm yourself down. Center yourself by focusing on your breathing and everything else will follow. Before getting out of the car, take a second to consider the following:

Am I hurt? Sometimes the full effects of a crash aren’t readily apparent. You may be in shock or otherwise unable to process what has happened. If there are passengers in the car with you, make sure they are okay before doing anything else.

Is it safe to get out of the car? Look around you. If your car can be driven, put your hazard lights on and pull over to the shoulder. Be aware of oncoming traffic or any other hazards before getting out.

What happened? Take a second to process how the accident happened. What were you doing? What was the other driver doing? Even straightforward events can become muddied in a situation like this. The earlier you can establish a clear narrative in your mind, the more consistent your thoughts and actions will be as you sort out the implications.

If it’s clear you were not at fault, and the accident was caused by the other driver’s negligence, remember that getting angry will only make things worse. Keep the situation from escalating by being courteous and considerate of the fact that the other driver has also experienced a traumatic event.

At the same time, however, be careful with what you say. Apologizing or admitting fault, even tacitly, can jeopardize your chances of obtaining compensation for your losses.

When to Call the Police

In almost all car accidents, police should be notified immediately. Call 911 for assistance, even if the accident isn’t major.

Under Nevada state law, any accident involving more than $750 in damages must be reported to the DMV within 10 days. In most cases, this will be done by the police who arrive on the scene.

However, if for whatever reason police are not called, you will have to file a form at the department office nearest you. Police must also be called in single-vehicle accidents, in collisions with deer or other animals or in any incident involving property damage.

When dealing with the police, be honest and forthcoming. Particularly if fault in the accident is unclear, be careful what you say. As noted above, your words can be used against in the future.

Getting Medical Help

Your health isn’t something you should take risks with. Car accidents can have long-term effects that we may not notice at first.

If you’re at all uncertain about whether or not you should visit a doctor, err on the side of caution. Injuries such as whiplash, strains and fractures, and traumatic brain injury can all involve a long recovery that includes surgery, prescription medicine or physical therapy. Failing to follow your doctor’s orders can lead to permanent disability and other long-term consequences.

When to Call a Lawyer

After any serious auto accident, it’s always a good idea to speak with a lawyer sooner rather than later. If you have a personal injury attorney you know and trust, call them at the scene, before speaking with police. Whether you were at fault or not, having someone advise you who knows the law can help you avoid issues that will slow down the claims process or cause you unnecessary stress down the line.

If you’re worried about the implications of speaking with a lawyer after a car accident, there are two important things to remember:

Calling a lawyer doesn’t mean filing a lawsuit. In fact, most lawyers will attempt to settle the matter quickly and out of court, by negotiating a settlement with either the insurance company or the other driver. Many people speak with a lawyer simply for advice on how to protect themselves and reduce their liability. At Dallas Horton & Associates, we offer free, no-obligation consultations to anyone who has been involved in a car accident.

Calling a lawyer isn’t about punishing the other driver. Too often, injured accident victims will refuse to speak with a lawyer because they don’t want the other party to suffer. What’s important to remember, however, is that initiating civil legal proceedings of any kind against another driver is simply a way to ensure you get the settlement you need to recover properly. It’s up to criminal courts to determine and punish negligence in a car accident.

Gathering the Evidence

One of the things a lawyer will advise you to do after a car accident — particularly if fault is in question — is to begin collecting evidence to support your case. For insurance purposes, you will need to know at the very least the other driver’s name and license plate number.

Other information that can help expedite the claims process is the name of their insurance company, their policy number, their address and contact information, and the make and model of their vehicle. If the other driver is forthcoming with this information, you owe it to them to provide the same.

If you are able to do so, take photographs of the accident scene, including nearby signage, any hazards present on the road (such as an unattended construction site) and the damage to both your vehicles. Locate any witnesses to the accident and get their contact information, as well.

Though the police will likely be doing the same if called to the scene, it’s always a good idea to verify this information independently. This is a good time to write down what happened as you remember it, so you can avoid giving conflicting information.

While failing to do any of the above doesn’t necessarily mean you’ll have trouble getting compensated, having this information easily available can be the key to quickly resolving any disputes or issues that come up later.

Dealing With Insurance

With the exception of the most minor accidents, filing an insurance claim is a necessity when vehicle repairs are required. What many drivers don’t realize is that even a small collision repair can run into the thousands of dollars to complete properly.

If the other driver offers to pay for your repairs out of pocket, think seriously before accepting. What if additional work is required? What if you’re not satisfied with the quality of the repairs? How will you get around while the work is being done?

Going through insurance ensures the job is completed according to recognized collision repair industry best practices. Any reputable auto body shop will guarantee their work and provide value-added services such as free pick up and drop off during repairs.

For these reasons, it’s best to call your insurance sooner, rather than later. Most major companies run a 24-hour toll-free hotline you can use to begin the claims process and get information about where to take your car for repairs.

Dealing With Medical Bills

Hopefully, the damage to your car will be your biggest concern following an accident. If injuries are involved, however, it’s all the more important to protect yourself from financial consequences, while still getting the best care possible.

Specifics vary from policy to policy, though most companies provide coverage for hospital and ambulance fees, any required procedures and prescriptions, physical therapy and rehabilitation, as well as any other necessary medical expenses. You may also be entitled to compensation for lost wages, lost earning potential and punitive damages.

Having an auto accident lawyer assist you is especially important when a long recovery is involved. Often, insurance companies will attempt to settle before the full extent of your injuries is apparent. A lawyer puts the pressure on insurers to come up with a fair settlement that allows you to recover fully without unnecessary financial stress.

When Insurance Isn’t Enough

Insurance policies typically have coverage limits that determine how much they can pay out. When that cap is reached, it may be necessary to escalate matters, either through further negotiations or by initiating legal action. If you’ve been diligent about collecting information at the scene, have remained consistent in your statements and are being represented by an experienced auto injury lawyer, it is often possible to avoid a drawn-out legal battle at this stage.

Whatever the path forward holds, Dallas Horton & Associates can help. We are a Las Vegas personal injury law firm with more than 17 years of experience representing clients in auto and motorcycle accident cases. One of the first things you should do after an auto accident is to visit our office for your free consultation. Let us help you get the settlement you require for a full and stress-free recovery.

Request A Free Consultation >>

from Dallas Horton https://gdallashorton.com/what-to-do-after-a-car-accident/ source https://dallashortonlawfirm.tumblr.com/post/180986672380

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bertawillus · 5 years

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What to Do If You’re Hit by a Drunk Driver

About one-third of all car accidents in this country involve drunk drivers. Although all drivers are told about the importance of driving sober, some motorists take enormous risk with their own and others’ safety by choosing to drive under the influence.

If you’re in a car accident and notice the other driver may have been drinking, it’s natural to feel angry. After all, DUI accidents are preventable and are an extreme example of negligence. Deciding what to do if you’re hit by a drunk driver, however, can be daunting.

What to Do If You’re in an Accident With a Drunk Driver

If you’re in a car accident and think the other driver may be under the influence, there are several things you can do:

1) Contact the police.

Drunk driving is a crime, and you want the police to get a record of the offense. The police will also generally want to gather evidence for charges against the driver. It’s important to contact police at once if you suspect drunk driving — you don’t want the other driver to get away and potentially harm others. Alcohol only stays in the system for a number of hours, too, so you want to contact police promptly to get accurate blood, breath or alcohol testing to prove the other driver was drinking.

2) Get medical help.

Get a full medical evaluation as soon as possible, and if you’re seriously injured, call 911. Medical attention can save your life if you’re seriously hurt. Even less severe injuries need prompt treatment if you want to avoid complications. Seeking a medical professional can also secure evidence of your injuries. That way, if you pursue legal action, you will have proof of injury.

3) Gather evidence.

Take photos at the scene of the accident and get a copy of the police report — including police findings about blood alcohol levels. Get contact and insurance information for the driver as well as contact information of any witnesses. Keep copies of medical reports and photos of any injuries. The more information you have, the stronger a case your attorney may be able to build for you.

4) Contact a personal injury attorney.

The insurance company for the other driver will want to minimize the amount they pay you, and you need an attorney to offer advice and representation if you want to pursue the full amount you may be eligible for. If the other driver was uninsured or underinsured, an auto injury attorney can negotiate with your own insurance company so you get compensation to pay for property damage, medical bills and the other expenses you may be worrying about after your collision.

A Drunk Driver Hit My Car. Can I Sue?

If you have been injured in a drunk driver car accident or have suffered injuries or property damage because of a drunk driver, you may have a claim. A drunk driver may face criminal charges because of their actions, but you may also be able to pursue them in civil court.

To find out whether you qualify, contact Dallas Horton & Associates. One of the personal injury attorneys at our law firm will discuss your potential case with you so you know exactly what you need to do next to protect yourself. If you work with Dallas Horton & Associates, we will handle the details of your claim, leaving you free to spend time with your family and to spend time recovering from your injuries.

photo credit: Head-on Car Accident via photopin (license)

from Dallas Horton https://gdallashorton.com/what-to-do-if-youre-hit-by-a-drunk-driver/ source https://dallashortonlawfirm.tumblr.com/post/180986672570

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bertawillus · 5 years

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What to Do If You’ve Been in A Hit & Run

Knowing what to do in a hit-and-run accident is more important than you realize, because your chances of being in this type of crash is higher than you may think. The number of hit-and-runs each year has been trending up.

Hit-and-run accidents happen when a driver crashes into a pedestrian, other vehicle or private property, and doesn’t stop to offer help or to exchange contact information with others. In Nevada and most other states, hit-and-run accidents are against the law. It is illegal to leave the scene of an accident without offering to help anyone who is injured and without identifying yourself.

What Should I Do In a Hit and Run?

Hopefully, you’ll never be in a hit-and-run accident. However, if you are, knowing how to handle hit-and-run accidents can save you a lot of frustration and can make it easier to make an insurance claim. Here are the steps you should take:

1. Remain Calm

Being in a car accident is terrifying enough, but being in an accident where the other driver speeds off can be even more frightening. If you are injured, especially, it can be scary to think someone has left you on your own. You may have a hard time calling for assistance if you need it. Or you may feel extremely angry someone has violated the law and has driven off without stopping.

In any event, it’s important to keep control of your emotions and think strategically.

2. Do Not Attempt to Chase or Engage the Hit-And-Run Driver

It can be tempting to try to hop in your car and chase after the hit-and-run driver. This is a bad idea. You don’t know why the hit-and-run driver has driven off. In some cases, hit-and-run drivers don’t stop to exchange information because they have criminal records or arrest warrants. You don’t want to engage someone who might be desperate, dangerous or both.

Trying to chase after a hit-and-run driver can also mean you get into a car accident because you are speeding and focusing on catching up to the driver. Let the authorities handle the motorist.

3. Gather as Much Information as You Possibly Can

Police may be able to find a hit-and-run driver quickly, especially if you are able to provide them with as much information as you can. Take photos of the scene and if you can, use your phone to take a photo of the car as it’s speeding away. Try to notice and write down the license plate number if you can — or at least a description of the car and driver. If you can’t, try to find information about the driver in other ways. Get the contact information for any possible witnesses, for example.

4. Get Immediate Medical Help for Anyone Who Has Been Injured

If you or anyone else has been injured at the scene, get immediate medical help.

5. Immediately Report the Hit-And-Run Accident

The sooner you report the accident to police, the sooner they can start looking for the driver. Hit-and-run accidents are a crime, so contact police immediately. Get a copy of the police report, since you’ll need it to file an insurance claim. You’ll also want report the hit-and-run accident to your insurance company quickly if you want to make a claim.

6. Talk to an Attorney

If you have been in a hit-and-run crash, getting insurance money or benefits may be more challenging. You may be able to still apply to get insurance from your own insurance company, even if the other driver is never found. If the hit-and-run driver is found, you might want an attorney by your side in case you decide to file a lawsuit against the motorist.

An attorney can talk to your insurance company for you and review your insurance information to see whether you qualify for any benefits. In many cases, an attorney can also act quickly to try to get security footage from nearby stores or other sources to track down the perpetrator.

Understand Your Rights

Knowing what to do in a hit and run accident is an essential part of being a driver. The attorneys at Dallas Horton & Associates hope you are never injured and never have to use this information, but if you do need it, it is available to you.

If you have been hit by a hit-and-run driver and would like legal support, contact Dallas Horton & Associates to discuss how Nevada laws could affect your case. Our attorneys work with plaintiffs who have been injured in car accidents, and we have recovered money on behalf of people who have been hit by hit-and-run drivers. In fact, our attorneys have resolved more than 7,000 cases. If you have been injured, contact us to find out whether you have a case.

photo credit via photopin (license)

from Dallas Horton https://gdallashorton.com/what-to-do-if-youve-been-in-a-hit-run/ source https://dallashortonlawfirm.tumblr.com/post/180986672770

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