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rodblickus · 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 https://gdallashorton.com/when-do-i-need-a-workers-compensation-lawyer/
source http://gdallashorton.weebly.com/blog/when-do-i-need-a-workers-compensation-lawyer
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rodblickus · 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 https://gdallashorton.com/how-to-deal-with-an-insurance-adjuster-on-a-personal-injury-claim/
source http://gdallashorton.weebly.com/blog/how-to-deal-with-an-insurance-adjuster-on-a-personal-injury-claim
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rodblickus · 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 https://gdallashorton.com/what-is-personal-injury-law/
source http://gdallashorton.weebly.com/blog/what-is-personal-injury-law
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rodblickus · 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 https://gdallashorton.com/how-do-i-know-if-i-need-a-product-liability-attorney/
source http://gdallashorton.weebly.com/blog/how-do-i-know-if-i-need-a-product-liability-attorney
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rodblickus · 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 https://gdallashorton.com/when-do-i-need-a-product-liability-attorney/
source http://gdallashorton.weebly.com/blog/when-do-i-need-a-product-liability-attorney
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rodblickus · 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 https://gdallashorton.com/five-reasons-you-may-need-a-personal-injury-attorney/
source http://gdallashorton.weebly.com/blog/five-reasons-you-may-need-a-personal-injury-attorney
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rodblickus · 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.
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 https://gdallashorton.com/staying-safe-this-nye/
source http://gdallashorton.weebly.com/blog/new-years-safety-tips-from-a-las-vegas-personal-injury-lawyer
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rodblickus · 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 https://gdallashorton.com/how-to-stay-safe-as-a-bicyclist/
source http://gdallashorton.weebly.com/blog/las-vegas-bicycle-safety-tips
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rodblickus · 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 https://gdallashorton.com/firework-safety-tips/
source http://gdallashorton.weebly.com/blog/fireworks-safety-tips-for-las-vegas-residents
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rodblickus · 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?
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 https://gdallashorton.com/resources-for-staying-safe-this-nye/
source http://gdallashorton.weebly.com/blog/how-to-have-fun-but-stay-safe-this-nye-in-las-vegas
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rodblickus · 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 https://gdallashorton.com/what-you-need-to-know-about-elder-abuse/
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rodblickus · 5 years
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Judge Awards Las Vegas Woman $8.9 Million in Traffic Lawsuit
A judge awarded about $8.9 million Wednesday to a Las Vegas woman who was permanently injured in a 2005 accident.
District Judge James Bixler awarded the judgment to Melissa Burnside, 43, who was self-employed as a mortgage processor at the time of the accident.
“My client was very, very happy and felt the judge was very fair in the award,” attorney Robert Vannah said.
Vannah and attorney Dallas Horton represented Burnside during the bench trial in May.
Attorney John Naylor, who represents defendants Wayne Fowler and FKI Logistex Integration, declined to comment on Bixler’s decision.
The attorneys submitted their closing arguments to the judge in writing on June 15.
Learn About Our Auto Accident Representation >>
According to Bixler’s order, Burnside was driving on the offramp from southbound Interstate 15 to the eastbound Las Vegas Beltway on Jan. 5, 2005, when a truck driven by Fowler, a Texas resident who was working for FKI, dropped a large metal object in front of her vehicle.
Burnside struck the object, and her vehicle “made several gyrations” before coming to a rest along the side of the beltway, according to the order.
The vehicle suffered moderate damage.
“The Plaintiff was treated and released at an emergency room, but returned for further treatment shortly, as she continued experiencing pain along her right side and back,” the judge wrote.
Burnside was treated by many health care professionals during the years that followed.
“She experienced some treatment successes, but, generally, got worse; she suffered greater pain and began experiencing increasing debilitating use of her right leg,” Bixler wrote.
A medical procedure was performed to relieve pressure on her sciatic nerve, according to the judge’s order. But it resulted in scarring on the nerve, “contributing to long-term and permanent debilitation and loss of use of her right leg.”
“The Plaintiff will require periodic medical pain-relieving procedures to control pain in her back, which will continue throughout the Plaintiff’s life due to the permanency of her condition,” Bixler wrote.
According to the order, the defense asserted that Burnside’s condition was caused by a fall down three stairs five months after the accident.
“The considerable weight of the medical evidence would indicate that Plaintiff was on a downward medical spiral from the time of the auto accident until the present,” the judge wrote.
“Nevertheless, Plaintiff’s fall appears to have been associated with symptoms experienced from injuries complained of from the auto accident, and similar worsening symptoms have been experienced continuously since the auto accident.”
According to the order, Burnside will have no earning capacity and only limited physical mobility.
Vannah said he and Horton sought a $17 million judgment for Burnside, who is married and has three children.
He said Naylor recommended a $176,000 judgment.
(Source: lvrj.com)
from https://gdallashorton.com/judge-awards-las-vegas-woman-8-9-million-in-traffic-lawsuit/
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rodblickus · 5 years
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Nevada Traffic Laws Everyone Should Know
Understanding Nevada traffic laws makes you a safer driver. Unfortunately, not all drivers on our roads know the basic rules of the roads. Whether you live in the state or are visiting Las Vegas, Reno or other parts of the area, knowing Nevada state driving laws keeps you safer and can help you avoid an expensive ticket.
If you need to brush up, here are Nevada and Las Vegas driving laws everyone in the state must know:
1) Are Cell Phones Legal While Driving in Nevada?
Hand-held cell phones and devices are not allowed in the state. You cannot use hand-held devices to text, talk, surf the Internet or for other reasons. You can use hands-free devices, however, and you can use your hands to activate apps on your hands-free device to start calls. You can also use your hands to turn the devices on and off. Exceptions to the hand-held device ban can be made in the event of serious emergencies — such as calling to report a crime or calling 911 for a medical emergency.
If you violate texting and hand-held device bans in Nevada, you face a $50 fine for your first offense and $100 for the next. All subsequent fines are $250, though these fines are doubled in work areas.
2) Bicycle Traffic Laws in Nevada
If you are driving and passing a bicycle, move to a neighboring lane on the left if possible. If this is not possible, maintain at least three feet of distance. If you are a cyclist, you must obey all traffic signs and rules of the road.
3) DUI Laws
The DUI legal limit in Nevada is .08 percent blood alcohol level or any amount of a controlled substance for adult, non-commercial motorists. For drivers under the age of 21, the DUI legal limit is .02. In Nevada, drivers cannot refuse breath, blood or urine tests used for drunk driving. If a police officer asks for these tests, drivers must comply.
Fines for DUIs in Nevada are high. A first conviction can result in fines between $400 and $1,000, as well as jail time of two days to six months, or community service. A first conviction will result in a license revocation for 90 days, as well as possible mandatory substance abuse treatment and attendance at DUI school.
A driver convicted of a second DUI within seven years will face fines of $750 to $1,000, as well as license revocation for one year, house arrest and jail sentence, as well as other restrictions.
A driver who is convicted subsequent times within seven years may need to pay fines of $2,000 to $5,000 and may face prison sentences of one to six years. In addition, a driver with more than two DUI convictions in a seven-year span will see their license revoked for three years and may have their registration suspended.
Even for a first offense, a DUI resulting in a fatality or serious injury can result in fines of $2,000 to $5,000.
In addition, Nevada makes it a violation to have an open liquor container in the vehicle. This offense carries a fine imposed by a court.
4) Teen Driving Laws in Nevada
For the first six months after getting a driver’s license, drivers under the age of 18 are not allowed to have any passengers younger than 18 years of age. In addition, drivers under the age of 18 are not allowed to drive between 10 p.m. and 5 a.m., unless they are headed to a school or work activity.
5) Move Over and Car Accident Laws
If you are in a minor accident where no one was hurt, you must move somewhere where your cars won’t block traffic. You’re only expected to move over if no one was injured and it’s safe for you to move.
If you are approaching an emergency vehicle which is stopped and has its lights flashing, you need to slow down to a speed below the speed limit and be ready to stop. If you can, the law requires you to move to a different lane so you are further away from any emergency vehicles. If an officer is directing traffic around the scene, follow the officer’s directions.
If your car collision involves damages of $750 or more, you must report your accident to the DMV. You have 10 days to file the paperwork with the DMV if no police officer investigated the collision.
6) Children
Children under the age of seven and under 60 pounds are required by Nevada law to be placed in a certified child restraint system. Children under the age of eight are not allowed to be left alone in a car if there is a health or safety risk to the child.
The only exception to this is if someone who is at least 12 years old is watching or supervising the child. Children must not be transported in the back of a pickup or flatbed truck unless transportation is for a farming, ranching or parade activity or the child is in a camper shell or slide-in camper.
7) Seat Belts
Every passenger in the front and rear seat is required to be wearing a seat belt. Child passengers who are under 60 pounds and seven years of age must be in an appropriate child safety restraint.
8) Pets
Cats and dogs may not be left unattended in a vehicle in hot or cold weather. If pets are left in the car, authorities can use force to remove the animals from the dangerous situation.
9) Licensing and Registration
In Nevada, cars need to be registered and drivers licensed in order to drive. Lack of proper license plates, registration or driver licensing can result in considerable fees. Not having a registration in the car can carry fines of $205 for a first offense, for example. If license plates are not displayed correctly, a first offense results in a fine of a $205.
Using expired or fake license plates can also lead to fines. Altered or counterfeit plates or registration, for example, can mean a $365 fine or a $425 fine for a second offense. Driving with no proof of insurance can mean a fine of $747 for a first offense.
In addition, drivers in Nevada have a limited amount of time to update their license and registration if it changes. For example, drivers must report a license change on their registration within 10 days. Failure to do so can mean a $205 fine. New Nevada residents must get Nevada license plates within 60 days of moving to the state. If you do not, you could face a $205 fine or a $230 fine for a second offense. You pay the same level of fines if you do not get a Nevada driver’s license within the first 30 days of moving to the state. If you have changed your name, you must change the name on your license within 30 days.
Even if you have a license, registration and insurance, in Nevada you can face fines and penalties if you allow someone who is not permitted to drive in Nevada to operate a motor vehicle. For example, if you allow an unlicensed person to drive, you could face penalties of $365 for a first offense and fines of $655 for a second offense.
10) Speeding Laws
In Nevada, you must obey posted speed limits. Failure to do so can carry fines of $205 for a first offense.
However, Nevada also has a Basic Rule for speed. This means drivers are responsible for driving at reasonable speeds based on road conditions, weather, traffic and other variables. Even if you are driving the posted speed limit, you may be charged in Nevada if you do not adjust your speed to account for traffic, bad weather or other factors.
11) Reckless and Aggressive Driving
Aggressive and reckless driving can involve many actions which put others at risk. For example, Nevada drivers are expected to move to a lane to the left when passing a bicycle. If this is not possible, drivers must leave at least three feet of room between their own vehicle and the bicycle. If motorists fail to follow this law and cause a bicycle accident, they can be charged with reckless driving. If a driver is found to have driven aggressively or recklessly, the courts can impose a fine and can suspend a driver’s license.
Drivers may also be charged with aggressive driving in road rage incidents or with reckless driving if they are operating their motor vehicle in an unsafe manner. For example, drivers who hang partway out of their window can be charged with reckless driving, as can drivers who engage in stunts on the roads.
12) Distracted Driving
Nevada has rules about texting or cell phone use while behind the wheel, but these are not the only distractions on the road. Any motorist who causes a crash because they are talking to passengers, trying to corral pets who are loose in the car or otherwise showing signs of distraction can be charged with distracted driving. Distracted drivers can be fined by the courts for an amount the court finds reasonable.
13) U-Turn Laws
Nevada permits U-turns in many places. However, they are prohibited in areas where a sign or signal indicates they aren’t allowed and in areas where you have less than 500 feet visible in either direction. In business areas, U-turns are not allowed unless you are on a divided highway or intersection where there is enough room for a U-turn. Fines of $230 are imposed (for a first offense) in situations where a driver fails to obey a no-U-turn sign.
14) Right Turn Laws
Nevada permits right turns on a red light. However, motorists must come to a complete stop unless there are signs to the contrary. To complete the turn, drivers must be in the farthest right lane and must yield to all pedestrians and traffic.
15) Driverless Car Laws
Nevada was one of the first states in the country to permit autonomous cars. These cars use artificial intelligence and sensors to operate, and they create some unique challenges legally. In Nevada, motorists must have a driver’s license endorsement to operate this kind of vehicle, and must have a certificate of compliance for the vehicle, as well as meeting other requirements. The certificate of compliance will outline how the vehicle can and cannot be operated. For legal purposes, the operator of the vehicle is considered the driver, with all the duties of such, even if he or she is not actively driving the car. Drivers must also meet additional requirements, including getting special plates for their autonomous vehicle.
16) School Bus Laws
If you are driving behind a school bus in Nevada and the vehicle stops to let children get on or off the bus, you must stop when the bus starts to flash its red lights. If you are on a divided highway with a physical barrier, you will not have to stop if you are moving in the opposite direction from the bus. Otherwise, you will have to stop, no matter which way the bus is driving.
17) Driver Training Laws
If you live in Nevada and wish to obtain a license, you must meet driver training laws. Nevada law requires that anyone under the age of 18 who applies for an instruction permit provide a DMV-301 form, signed by a school official, proving that the minor attends school. If you are under the age of 18 but have completed your schooling, you must submit either a high school diploma or its equivalent.
Driver instruction is required in the state. You can meet this requirement by either:
Taking classes at a DMV-approved school or DMV-approved online school
Completing 100 hours of behind-the-wheel driving, including proving your ability to drive in the dark. This is only an option if the other two solutions are not possible because of your place of residence.
If you live within 30 miles of a DMV-approved school and are a teenager, you must complete at least 50 hours of driving experience with a qualified supervisory driver. This is in addition to meeting other training requirements.
18) Traffic Signs and Signals
Nevada motorists must obey all posted traffic signs and signals, whether they are residents or visiting. In cases of construction sites or accidents, temporary signs may be posted, or police officers may be directing traffic. If this is the case, obey the temporary signs or police, even if they are giving directions contradicting the posted signs. Disobeying traffic signs carries penalties, which become higher in work zone areas.
In some cases, traffic lights may not be working. When this occurs, drivers approaching the lights must come to a full stop and must treat the light as a flashing light. That is, they must yield to drivers already in the intersection, as well as pedestrians. After yielding, drivers may proceed through the light with caution.
19) Railway Crossings
Railway crossings in Nevada may be marked with lights, signs or signals. If you approach a train track and a bar is lowered, you may not proceed, even if you do not see a sign. If you approach tracks and see no bar or lights, proceed only if you determine no train is crossing. In situations where a signal light is flashing, you may proceed if no train is approaching.
20) Right-Of-Way
Nevada indicates who has right of way, but these rules are often guides. The state does not grant road users right of way via the law. However, in some cases drivers must yield to certain users of the road. For example, if a visually impaired pedestrian approaches an intersection with a cane, guide dog or stick on any road or highway in Nevada, all drivers must yield and must take all precaution to avoid causing injury.
21) Insurance
All drivers in Nevada must have auto insurance secured through a company approved to do business in the state, and must meet specific minimum requirements. As of 2017, for example, insured drivers were required to carry at least $15,000 of coverage for fatalities or physical injury for each passenger of each crash, and $10,000 for property destruction in any one crash.
22) Drugged Driving Laws
Nevada has a zero-tolerance policy for drugged driving. If a motorist is above a certain state level for a controlled substance, they can be charged, even if they are permitted to use the drug or if they were not driving recklessly. The amount of drugs needed for a charge varies depending on the drug and the test administered. A driver with 150 nanograms of cocaine in a urine analysis or 50 nanograms in a blood test is in violation of the law. Similarly, a motorist who is shown to have 10 nanograms of marijuana through a urine sample or two nanograms in a blood sample is breaking the law and may be charged.
23) Red Lights
Nevada requires cars to stop at a red light. Failure to do so can result in $1,000 in fines, as well as four demerit points. However, there is no regulation about driving through a yellow light. If you drive into an intersection when the light is yellow, you have not broken the law.
Nevada does not permit red-light cameras. To be fined for running a red light, you must be charged by a police officer or authority with the ability to charge you. You will not get a ticket from a red-light camera company when driving in Nevada.
The High Cost of Breaking Traffic Laws in Nevada
Nevada state driving laws apply throughout the state, from Las Vegas to Reno to remote communities. Violations of driving laws can lead to accidents, and even in cases where you do not cause injury, they can be costly. Become familiar with Nevada traffic violation codes and regulations if you will be driving in the state. Breaking the rules can result in fines, penalties and even jail time.
If you are a resident of Nevada, breaking traffic rules in the state can cost you points on the demerit system. Depending on the traffic violation, you gain up to eight points if you are convicted of a traffic violation. For example, reckless driving earns you eight points, and speeding can earn between one and five demerit points. You can remove three of these, in some cases, by attending traffic school. Accumulating points can count against you if you are charged with additional offenses, and can also affect insurance rates.
In addition to the cost of demerit points and fines, violating the law can cost you in other ways. Being stopped for a traffic violation can be time-consuming. If you decide to challenge the charge, court fees and legal costs can add to the expense of the violation. If your car is impounded or your license is suspended, you will need to pay additional fees to get your license or car back.
Nevada driving laws exist to keep everyone safe. If you have been injured by a driver who disobeyed these or other Nevada driving rules, contact Dallas Horton & Associates for legal advice. Our attorneys may be able to represent you and offer you caring and professional legal support. We aggressively fight for your rights and send a strong message to the unsafe drivers on our roads.
from https://gdallashorton.com/nevada-traffic-laws-everyone-should-know/
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rodblickus · 5 years
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Common Driving Mistakes Too Many People Make
Human error is a leading cause of car accidents in Nevada and across the country. While most drivers are confident in their abilities on the road, a few common errors lead to disaster every day. The most common driving mistakes include:
1) Driving distracted.
One of the most common mistakes while driving is not dedicating adequate attention to the task of driving. Many motorists on the road are so used to being in their cars that they start to see driving as a task that can be completed while doing something else.
Many drivers mistakenly assume distracted driving just means using a cell phone or texting while driving — which is illegal in Nevada. However, any activity that distracts you from driving can cause a car accident. This means changing a radio station, eating, drinking, smoking and even daydreaming are all dangerous.
A good habit to get into while driving is to keep your eyes moving so you are aware of everything around you and to always think two or three moves ahead. This type of defensive driving can help prevent accidents and keep you focused on the road.
2) Following too closely.
Another of the top driving mistakes is tailgating, and this behavior can be especially dangerous in bad weather or behind trucks. In most cases, you need to leave at least three seconds of space in front of you. That means when the car in front of you passes an object, it should take at least three seconds for you to pass the same object. In heavy traffic, leave six seconds of space. In bad weather, leave nine or more seconds so you have plenty of time to stop. If you’re following a large truck, make sure you can see the truck driver in their side mirrors, even if it means following more than three seconds behind.
3) Incorrect lane changes and passing.
If you are making a lane change or passing another vehicle, use your signals to indicate you will be entering another lane. Check the blind spot and your mirrors before moving from your lane to make sure there’s no motorcycles or other cars in the lane you’re entering. If you are passing, make sure you go far enough ahead of the car you’re passing so you don’t cut them off. Only pass or change lanes in areas where it is legal to do so.
4) Not adjusting your driving for the conditions.
Your driving should change significantly depending on the situation. If you’re driving on a clear, sunny day, you might drive the speed limit. If you’re in stop-and-go traffic, however, you need to slow down and drive more defensively. If you’re driving in bad weather or in the dark, you also need to slow down and be more alert. If the weather or other conditions get unsafe, you need to find a safe place to pull over.
5) You aren’t taking care of your car.
You should be keeping your tires properly inflated and getting your car properly maintained. If you wait until your dashboard lights come on, your car may already be handling differently and may be harder to maneuver in an emergency if you need to make a sudden turn or stop.
Check your car periodically to ensure everything is in working order, and make sure your seats are adjusted correctly. The steering wheel should be between 8 and 10 inches from your chest. You should be able to see over the dashboard clearly without having to duck for the roof of your car, and your feet should reach the pedals comfortably.
Some drivers make more mistakes than others and some are simply reckless on the roads. If you have been injured by a negligent driver, contact Dallas Horton & Associates. We are a law firm with offices in Las Vegas. Since 1998, we have been helping injured people across Nevada. We are always standing by if you have suffered an injury.
photo credit: DSC_0664 via photopin (license)
from https://gdallashorton.com/common-driving-mistakes-too-many-people-make/
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rodblickus · 5 years
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Common Car Accident Injuries
Today’s vehicles are packed with more sophisticated safety features than ever before. Despite this, injuries remain a common consequence of a car accident. While more severe accidents obviously present greater risk of serious injuries, even a minor fender bender can have long-term repercussions for your health.
If you’ve been in an accident, don’t ignore minor signs that something is wrong. There’s no benefit to putting off getting an injury looked at — in fact, it can make the problem worse. Here’s a brief overview of some of the most common car accident injuries, what to look for and when to see a doctor.
What Is a Whiplash Car Accident?
Whiplash is a common neck injury resulting from a rear end collision. As the name implies, it occurs when the head is quickly jerked back and forth, causing damage to muscles, ligaments, tendons and other soft tissue. Minor cases of whiplash will typically heal on their own, sometimes aided by the use of a neck brace to reduce strain. However, it is important to have a professional rule out more serious problems such as a spinal fracture that, if left untreated, can cause long-term damage.
See a doctor if: You experience worsening pain and stiffness, headaches, loss of range of motion in the neck, fatigue, dizziness, blurred vision, difficulty sleeping or ringing in the ears.
What Is Traumatic Brain Injury?
Traumatic brain injury (TBI) is a common consequence of a car accident without a seatbelt. It occurs when the head sustains a strong blow or jolt, causing damage to the brain that may not be accompanied by any external symptoms. Effects of TBI can be felt for years afterward — indeed, it is one of the leading causes of disability following a severe accident. Individuals with TBI are also at a higher risk for depression, anxiety and mood disorders.
See a doctor if: During the accident you lost consciousness for any amount of time, felt confused or disoriented, or if you continue to experience headaches, nausea, dizziness, seizures or loss of coordination.
What Are Some Common Back and Spine Injuries?
A back injury following a car accident can have serious long-term consequences that can affect your ability to get around, go to work and enjoy life. Common back injuries include herniated disks, which can lead to a chronic condition called sciatica, and compression fractures, which can collapse or deform individual vertebra, affecting the shape of the spine. Spinal injuries are equally serious and can cause full or partial paralysis. Back and spine injuries can occur at any speed, even in seemingly minor accidents.
See a doctor if: You experience stiffness, numbness, soreness or tingling in your back, have trouble breathing or experience a decreased range of motion.
Taking Care of Yourself After an Accident
Whiplash, TBI and back and spine injuries are just three of the more common car accident injuries — a list that also includes broken bones, sprains and fractures, scrapes and cuts, psychological damage and more.
Making sure you have the resources available for a safe recovery is one of the main responsibilities of your insurance provider. If you weren’t at fault in the accident, you are entitled to compensation for any hospital bills or other medical expenses, as well as for lost wages, lost earning potential, damages for pain and suffering, and more. Even if you were responsible for the accident, most collision policies allow for some amount of reimbursement to offset the cost of your recovery.
If you’ve been injured in a car accident, you have options. First and most importantly, don’t delay getting the treatment you need. Take note of any expenses you incur and, when you’re ready to explore your legal options, contact Dallas Horton & Associates to book a free consultation with one of our personal injury lawyers.
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rodblickus · 5 years
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Car Accidents in Rental Vehicles Ubers and Taxis What You Need to Know
With the introduction and subsequent popularity of ride sharing services such as Uber and Lyft, people in many cities have more ways to get around than ever before. In addition to so-called peer-to-peer taxi services, there’s still traditional taxis, rental cars, public transportation and more.
While this abundance of choice is great for consumers, it has created a number of gray areas in which drivers and passengers are unsure of their rights and responsibilities in an accident. While there’s no way to cover every possible scenario in one article, let’s look at some possible situations you might find yourself in on the road and what you should do to protect yourself.
Scenario 1: A Car Accident With an Uber Driver
The biggest difference between Uber (or Lyft, etc.) and conventional taxis is that, in most cases, the Uber driver is using their personal vehicle, whereas the taxi is owned by a company. As a result, most will have separate insurance policies for personal and commercial use. Who pays in an accident with an Uber car is determined by two things — who is at fault and whether or not the Uber was on a fare at the time.
In Nevada, all auto insurance plans are of the full-tort variety. What this means is that, in an accident, it is the insurer of the party at fault that pays for damages. So, if you are in an accident with an Uber driver that’s your fault, your insurance company pays.
If the accident is the fault of the Uber driver, that’s where things get a little confusing. Uber’s commercial insurance policy covers up to $1 million in damages for any accident that occurs when their driver is carrying a passenger or on the way to pick one up. If they are not on the clock, however, their personal insurance becomes primary. Uber may still cover damages in excess of the personal policy’s maximum, or in situations where the policy is not applicable.
That being said, ride sharing services remain quite new, and laws and policies around fault and coverage continue to evolve. If you’ve been in a car accident with an Uber driver, your best bet is to retain the services of a qualified attorney who can help you protect yourself from risk.
Scenario 2: A Car Accident With a Rental Car
Additional insurance policies — the extra coverage they try to sell you when you rent a car — remain a major source of profit for car rental companies. As a result, there’s been a deliberate effort to confuse the issue of who pays in an accident with a rental car. Here’s what you need to know:
If you have auto insurance for your own car, your policy is likely to cover you in the event of an at-fault accident. Most collision and comprehensive insurance policies automatically transfer over when you rent a car. Check with your insurer to confirm, of course, but otherwise save yourself the extra money and don’t buy unnecessary insurance coverage!
If you don’t already have auto insurance, or have a bare-bones, liability-only plan, you may wish to purchase the extra coverage. Under state law, in an accident with a rental car, the rental company is responsible for the first $15,000 (per person) or $30,000 (per accident) of damages, whether or not the driver purchased extra insurance. Beyond that threshold, however, you may be held personally liable if you are at fault.
Ultimately, no two accidents are the same, and auto insurance laws are never straightforward. If you’ve been in a car accident with an Uber driver or a rental car, don’t file a claim without speaking to a qualified personal injury attorney. Protect yourself by contacting Dallas Horton & Associates to book a free consultation today.
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from https://gdallashorton.com/car-accidents-in-rental-vehicles-ubers-and-taxis-what-you-need-to-know/
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rodblickus · 5 years
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How Injury Affects Your Worklife Expectancy
A serious injury can affect your ability to work, and if you decide to pursue a legal claim for your injury, one issue your attorney will look at is your worklife expectancy after your injury. Worklife expectancy doesn’t just refer to the number of years you probably have left before retirement. Instead, it is a mathematical calculation based on a number of factors:
1) Life expectancy. How long a person may live may depend on a number of factors, including current and past health and other issues.
2) Participation in the job market. This number refers to the probability that a person will be participating in the employment market. Some people, because of their past employment, education, jobs and other factors are more likely to be able to pursue a job after their injury.
3) Demographic. The demographic of a person can matter a great deal. For instance, some people may have longer non-earning periods in their work life because of their demographic. Women, for example, have statistically higher periods of non-earnings. Older workers, too, may eventually take longer breaks and have non-earning periods.
4) Employment. In many cases, worklife expectancy will consider how many years a person will be alive and in the labor market from the current time until they reach 75 years of age. However, the type of work they do may determine how likely they are to continue to work. Some jobs, for example, are more physically demanding. This can affect worklife expectancy, especially for older workers. Some jobs may allow a worker to continue working in some capacity, even after an injury. This, too, needs to be considered.
In some cases, it can be even harder to determine worklife expectancy. For example, self-employed people may have a wider range of income levels during their employment. Someone who is older, too, may have fewer chances to go back to school to earn a new degree and to get a different job when compared with a young person. In many cases, attorneys work with vocational experts and other professionals when trying to forecast worklife after a spine injury or other serious injury.
Why Is Worklife Expectancy so Important?
You may not be able to pursue employment after a spine injury or other serious injury. Your work opportunities may also be diminished or lower-paying. If this is the case and you pursue legal action, you may be able to seek compensation for your lost earnings after your injury. To do so, though, your attorney will need to show what your lost earnings are likely to be. Calculating worklife expectancy helps courts calculate loss of wages after an injury when deciding on damages.
If you would like more information about compensation or legal action after an injury or would like to know whether you qualify for a claim, contact Dallas Horton & Associates. Our legal team has handled more than 7000 cases, and our attorneys have a reputation for being honest and caring with clients and aggressive in the courtroom. If you want legal advice and forceful protection of your rights after your injury, contact Dallas Horton & Associates.
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