Category Archives: All Articles

DO YOU REALLY WAIVE YOUR CLAIM FOR INJURY EVERY TIME YOU SIGN ONE OF THOSE WAIVER FORMS FOR ACTIVITIES?????

COMMOM ACTIVITY WAIVERS

  • Bounce Houses
  • Skiing
  • Trampoline Parks
  • Go Carts

Ever notice that you don’t sign a “waiver” at Disneyland but you do at the local fun house.  You’re signing your kids  up for a bounce house birthday party and you are trying to read a contract while kids are running wildly with excitement.  Looking at the language it generally says you can’t sue the venue for any reason, regardless of what happens to you or your child. Even if your child is hurt and the venue and its employees were clearly at fault.  You don’t want to sign but you also don’t want to tell  your kids, then have to sit and watch everyone else bounce and bounce?  You ask yourself –Is this really legal?   This type of Liability waiver is becoming a prerequisites to participation for more and more activities at various venues. Sometimes
agreements like these are labeled a variety of ways like release, hold harmless agreement, waiver of rights, indemnification agreement, or covenant not to sue.
However they are labeled, they are all trying to get you to sign away your right to sue the
organizer of the event or the venue. Most of these waivers state “you agree not to sue” for any injuries sustained.

 

Three important rules for Liability Waivers to be enforceable in Nevada are:

  • The Waiver must be clear in its language and wording and unambiguous in its intent. It must be understandable by the average person;

 

  • The Waiver must be clear and prominently labeled as a waiver and must not contain fine print and must be specific as to the right being waived;

 

 

  • The Waiver must be signed by the person who it is being used against;

 

  • The Waiver is not enforceable against the rights of a minor child;

 

However, a business or venue  cannot dodge liability for the acts of its employees that are  grossly negligent. Gross negligence is a legal standard that describes reckless and/or careless behavior of the business entity.  For example, a go cart operation might commit gross negligence by failing to properly maintain their vehicles causing one to catch on fire and injure a patron.  A waiver also cannot shield a business owner  from liability for “willful misconduct.”  If an employee or representative of a business intentionally injures someone, the waiver alone won’t protect the business from liability for such injuries.

Because liability waivers can be valid in certain circumstances, customers and consumers should read them carefully.   Business owners must also draft clear and specific waivers as to the risks they are requiring customers to waive. In order to prevail in a claim where a liability waiver was signed, you should contact an attorney immediately.  You will need to establish that the organizer of the event or the owner of the venue committed “gross negligence” that caused your injury.  At the Law Offices of Laura Hunt, PC we can review the facts to determine if there was recklessness or an act that was intentionally committed by the owner or organizer.   Often, this may require an expert witness or an accident reconstructionist be retained right away.  A review of the establishment’s safety and maintenance  records can often yield this information as well.

 

If you or a loved one is injured at any place of business after signing a waiver of liability of any kind, a trampoline park, a bounce house, go carts or any amusement activity or at any time, call our office immediately.  We can make sure that you receive the care you need and deserve, and advise on how to preserve evidence.  If you have been in any type of accident and have questions, please don’t hesitate to contact our offices today.  At my office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.

At the Law Offices of Laura Payne Hunt we are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our offices.  The Law Offices of Laura Payne Hunt is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

Halloween Safety Tips – Please keep our kids safe this Halloween

Here’s a frightening statistic: Children are more than twice as likely to be struck by a car and killed on Halloween than on any other day of the year.

https://www.nsc.org/home-safety/tools-resources/seasonal-safety/autumn/halloween

HALLOWEEN SAFETY TIPS

“Trick or Treat!”…are the words spouted with joy by thousands children every Halloween. It’s the holiday for costumes, candy, tricks and treats. But ghosts, vampires and monsters aren’t the only things to be wary of this Halloween. Accidents and unfortunate mishaps increase dramatically on this traditional evening of whimsical fun.  It is important to avoid potential risks and dangers.  The following are some safety measures to keep children from being injured while out trick-or-treating:

  • Always trick or treat with an adult. Don’t allow a child to go outside alone.
  • Accompany children to the door of every house they approach.
  • Stay outside. Do not enter a home or apartment without adult supervision.
  • Children should not approach any vehicle, occupied or not.
  • Remain visible. Wear bright clothing or use reflective strips on costumes. Carry a glow stick or flashlight.
  • Obey all traffic and pedestrian regulations. Look both ways before crossing, walk on sidewalks, and obey traffic signals and stop signs. Always walk; never run across streets or lawns.
  • Trick or Treat at friendly homes. Children should be warned to never approach a house that is not well lit and does not have a porch light or outside light on.
  • Do not go onto a property that is marked “Keep Out”, “No Trespassing”, and “No Solicitors Allowed”.
  • Never eat any candy until an adult checks it. Dispose of anything that seems to have been tampered with, has been opened, or isn’t wrapped.
  • Children should immediately report to their parents and/or law enforcement if they see or experience anything suspicious. Instruct children to shout for help and make a scene if anyone tries to grab them or force them into involuntary situations.
  • A great alternative to trick or treating is for parents to attend community trick or treat events or organize at-home parties.

 

If you or a loved one is injured on Halloween or at any time, call our office immediately and we will make sure that you receive the care you need and deserve, and advise on how to preserve evidence.  If you have been in any type of accident and have questions, please don’t hesitate to contact our offices today.  At my office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.

At the Law Offices of Laura Payne Hunt we are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our offices.  The Law Offices of Laura Payne Hunt is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

Top 10 Bizarre Laws that slash the fun on Halloween – But not in Henderson, Nevada Fortunately

Halloween is a holiday that has been celebrated by kids and adults for hundreds of years. Unfortunately, some jurisdictions in the United States have laws that limit specific aspects of the celebration. Fortunately in Nevada, no such crazy laws exist to prohibit trick-or-treating. In fact, there are many great ways to celebrate Halloween in Nevada including the following events:

2018 Las Vegas Halloween Events

  • 2018 FrightFest at the Fremont Experience. Fremont Street turns into a monster party during the Halloween season. …
  • Halloween Under The Dome. …
  • TREAT STREET at Downtown Summerlin. …
  • Haunted Harvest at Springs Preserve. …
  • Haunted Shark Reef at Mandalay Bay Las Vegas. …
  • Container Park Halloween weekend.

Please watch for our upcoming blog for safety tips to stay safe and have a great time this Halloween.

Even though Henderson does not have restrictive Halloween laws, may cities have crazy Halloween laws.  One city even has a ban on silly string! There are some places that even outlaw trick-or-treating on Sundays! There are some bizarre laws throughout the United States and even the world which allegedly try to “protect the public”. Unfortunately, they do put a damper on the holiday spirit. The following are some of the more humorous or interesting laws that can be found governing the holiday:

TOP TEN WEIRD HALLOWEEN LAWS

  • No masks for the grownups in Illinois. The small town of Belleville, Illinois has many regulations regarding trick-or-treating including a ban on masks for any person over the age of 12. They also have laws limiting trick-or-treating to children in the eighth grade and under. Sadly, that would’ve put a real damper on our teenage fun. Which, by the way, teenagers are still considered children under the law. They also have a law that trick-or-treating can only go on between 5:00 PM and 8:30 PM. In addition, they actually have a legal definition for trick-or-treating which states “Halloween solicitation shall mean seeking or obtaining gifts, food, candy or contributions of money, as is customarily and commonly known as trick or treat in the celebration of Halloween day.“ Interesting that the state legislature actually sat and wrote down laws and voted on them for Halloween.  Maybe they did not have educational issues, economic woes, environmental hazards, or criminal regulations to address that year.2) No masks for anyone in Walnut, California, either. In Walnut, California, the law states that “no one of any age is allowed to wear a mask or disguise on a public street without a permit on this from the sheriff – on Halloween or for the other 364 days a year.“ That is very sad; it appears that most costumes are outlawed in the city of Walnut, California. This law was apparently passed to reduce illegal incidents during Halloween. People are required to obtain a permit to wear a mask on Halloween.  So I guess if you’re really wanted to wear that mask, head to the police station for a permit! Seriously.  Talk about bureaucracy.

http://qcode.us/codes/walnut/view.php?topic=3-3_48-3_48_200&frames=on

3) No nuns allowed in Alabama. Yes that is real. They have an ordinance in Alabama that states it is illegal to dress up as a “minister of any religion, or nun, priest, rabbi or other member of the clergy.” This law is effective on Halloween or any other day. Seems like an infringement on your first amendment rights, however, apparently the law has not been challenged at this time. It is actually a criminal statute which is punished with a fine of up to $500 and/or a stint in the county jail for up to a year.  It appears they have very little sense of Halloween spirit in Alabama.

https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-14-4.html

4) No clowns allowed. The town of Vendargues, France has banned people from wearing clown costumes on Halloween for the entire month of November for anyone who is over the age of 13. If people wish to dress up as clowns for “fairs or other public festivities, during the ban,” they are required to get a special permit from the authorities. I guess they are quite afraid of clowns in France.

https://www.france24.com/en/20141031-french-town-bans-clown-costumes-after-terror-wave-halloween-vendargues

5) No Halloween at all! Some countries have extreme rules regarding Halloween. In Jordan, all public celebrations are banned for Halloween as of 2014. In fact the United States Embassy actually advises any United States citizens living in Jordan to “expect police reaction, including arrests at any public Halloween themed event. “ The United States Embassy went on to advice US citizens traveling from their home to a Halloween party to cover their costumes while in public or even in the car.  They are serious about not allowing Halloween in Jordan.
https://www.theatlantic.com/international/archive/2014/10/why-has-jordan-banned-halloween/382207/

 

6) No silly string!  In Hollywood.   That’s right! In the land that one would consider the most entertainment and festival focused city, the city of Hollywood, California says it is against the law to “possess, use, sell or distribute silly string“ in public from 12:01 AM on October 31 to noon on November 1.  Violating this law can cost you $1000. They are serious about silly string in Hollywood.

http://www.lapdonline.org/october_2004/news_view/20641

7) No Teen Trick or Treating. Some jurisdictions really dampen the fun for the older kids. In Newport News, Virginia trick-or-treating but anyone but those over the age of 12 is sadly prohibited. And even if you are the legal age to trick-or-treat you cannot do so after 8 PM. There is a fine of up to $250 and punishment of a class four misdemeanor for violating these ordinances.  Talk about party poopers.  This is one of the harshest statutes I came across.   Gone are the days of endless trick-or-treating for the teens after the little kids have gone to bed in Newport News, Virginia

8) No Go on Sunday! Perhaps one of the saddest statutes is in Rehoboth Beach, Delaware, where trick-or-treating is prohibited on Sundays. Sadly, if trick or treat night falls on a Sunday, Halloween is moved to October 30 for trick-or-treating between 6 and 8 PM. Many children will miss out on Sunday Halloween’s in Rehoboth Beach, Delaware.  Hopefully it is a small town and kids can go to their friend’s house outside the city to trick-or-treat on the traditional day.

9)  Not too Late! On a happy Halloween note, Bathurst, New Brunswick, Canada recently  enacted a law allowing children to trick-or-treat up to the age of 16 and extending the curfew to 8 PM. However, violating the curfew could cost you about $200 in fines.

10) No Sunglasses!  In Dublin, Georgia, it is just illegal to go out in public wearing a mask, sunglasses or any other type of accessory that covers your face. Seriously? This law was put in place allegedly to reduce mischief on Halloween. I think it just reduces the fun. If you live in Dublin, Georgia, again hopefully you can go to your neighbors nearby and trick-or-treat in a less restrictive venue.

Fortunately in Nevada, no such crazy laws exist to prohibit trick-or-treating. Please watch for our upcoming blog for safety tips to stay safe and have a great time this Halloween.

 

As your family heads out for a fun Halloween of trick or treating, The Law Offices of Laura Payne Hunt wishes you a safe and fun holiday.   Please keep your children safe by staying with them and watching for traffic.  If you must be out on the roadway, please drive with extreme caution and watch for children, parents and pets out on the streets taking part in traditional Halloween fun.  This is all our community here in Henderson, Nevada and we would like to see a safe and fun Holiday for everyone.

If you or a loved one is ever in any type of accident and have questions, please don’t hesitate to contact our offices today.  At my office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.

At the Law Offices of Laura Payne Hunt we are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our offices.  The Law Offices of Laura Payne Hunt is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

Top 5 Things to Consider When Hiring a Personal Injury Attorney

Experience – LAURA PAYNE HUNT’S EXPERIENCE and insight is the key difference in knowing how to settle, when to settle and for how much.  If you don’t know what to do next, call The Law Office of Laura Payne Hunt and let us help you get the Medical Treatment and Legal Advice you need and deserve.

 

Accessibility – As a small practice with a consistent staff we are able to treat our clients like friends and family and be there to hear their concerns. My secretary, Peggy has been with me for many years and she is extraordinarily skilled and knowledgeable in the area of personal injury law. At the law offices of Laura Payne Hunt, we take great pride in providing a service that is fading in the world of big law firm‘s big advertising and nationwide organizations. If you are looking for experience, knowledge, personal service and compassionate representation, call our office today

Knowledge of the Law — INSURANCE COMPANIES ARE NEVER ON YOUR SIDE! ATTORNEY LAURA PAYNE HUNT knows this firsthand because she spent years working as defense counsel for one of the leading insurance companies in the nation.    Laura knows what it takes to win.  She uses the insight, knowledge and expertise she acquired while helping THEM save millions to now help YOU recover the maximum personal injury compensation you deserve.

HER focus is protecting your rights so that YOUR focus can be on getting well.

 

Compassionate –insurance companies are cold and corporatized and it is important to have someone who listens to you and understands the pain, inconvenience and emotional distress that you are going through. I take great pride in being available to my clients to listen to what they need and to find specific medical providers that are best for their location, as well as the injuries they have sustained. It is important that you receive the proper care and it is equally important that your property damage is addressed. Many law firms do not assist you with your property damage. However we care about our clients and we see the case through from start to finish. Every case we take will be ready for trial if necessary. Fortunately for clients, only about two percent of cases go to trial but we handle every case as if it is one of those two percent and insurance companies know that.

 

Community Connections –As a lifelong resident of Nevada, professional connections I have built are of great benefit to the clients we represent.  Having grown up in the state of Nevada and the city of Henderson primarily, I have made many friends and have valuable professional connections that help my clients to get the proper medical care that they need as well as to have their vehicle repaired properly with the proper warranties. It takes a village sometimes to handle these matters.   Clients need medical care, vehicle repairs, and rental cars. Having practiced and worked in this city for my entire professional career and having worked for the insurance companies, I have maintain strong professional connections that are of great benefit to the clients we represent. I have been a long time sponsor of Paseo Verde Little League teams and I enjoy being active in our community.

 

 

 

ABOUT LAURA

I knew I wanted to be an attorney from the time I was seven years old. I grew up in Las Vegas and attended Tomiyasu Elementary School and Valley High School. I went to junior high school at Cannon Junior High School and was a product of 6 Grade Center being bused to a different part of town. Henderson is my home and it has been since I was five years old. I take a great deal of pride in what I do and being part of the community.

I went to UNLV undergrad and obtained a degree in Communications with an emphasis is print Journalism.  While attending UNLV I was a writer for the school paper for the entertainment section. I was also an active Disc Jockey at the school radio station KUNV,  playing my alternative favorite alternative beats. To pick up extra cash, I was also a Disc Jockey at the AM radio station where we played a variety of cultural music. Fortunately, my amateur guitar playing skills and love of Diet Coke helped keep me awake during those overnight AM radio jobs.

I went to Oklahoma City University for law school. I graduated from law school Cum Laude. While in law school, I was a member of the legal honor Society a Phi Kappa Phi as well as a participant in the moot court team.  Upon graduating from law school, I took the Nevada bar exam successfully followed by the California bar successfully. I am also admitted to practice law in the state of Texas.

I returned to Las Vegas to start my legal career and clerked for a respected District Court judge. I went on to work for a law firm that handled cases for the insurance companies for a couple of years before I became the managing attorney for a major insurance company’s in-house legal office.

During my time working as an attorney for the insurance company, I learned the ins and outs of this business first hand. I trained insurance adjusters on how to deal with attorneys and had daily interactions with claims adjusters and claims files.  I observed the nature and approach of insurance companies to accident claims and the victims involved.   This experience is invaluable in representing injured people.

I am very passionate about what I do and I take great pride in providing top legal representation for injured people. I never had a desire to be on every billboard in town and be an attorney that brings in 100 files a month.  To do that you need a lot of lawyers churning these files out to pay the massive overhead of advertising and large buildings.  Personal care and attention to clients’ needs can easily be lost in that type of environment.  I prefer to focus on the people who are my clients. I know each of my client’s case personally and I meet with every client personally. When you call my office, I will know your first name, I will know what your case is about. I will know what is going on. That is not the case with many law firms that have a high turnover rate because of low pay and often inexperienced attorneys.

The benefit of retaining a small law firm to handle your case is that you will receive personal service and you will have a relationship with your attorney. I kind of analogize this to the difference between going to a large medical center where you see someone different every time who hasn’t looked at your file and doesn’t know your name, to going to your family doctor who knows who you are remembers your conditions.  The person who is there for you to talk to about your needs. It is a choice that an injured person should make from the start of their search for a lawyer.  Whether a large firm or a small firm is the right choice for you will be very important for your mental well-being during your case.  Dealing with a large firm with constant turn over can be frustrating. THE LAW OFFICE OF LAURA PAYNE HUNT is a boutique law firm providing you with personal and compassionate representation with one goal in mind, the best care and recovery for each of our clients.

 

With over 18 years of experience helping injured people and working for the insurance companies I have a vast amount of knowledge and insight into exactly what insurance companies are looking at when reviewing your claim. Having been a member of this community for so many years, I know many good physicians and practices that provide top medical care for injured people. Connections in the community are vital in helping clients obtain the medical care they need for their specific injuries.

 

AS A SHORT TRIAL JUDGE and frequent Arbitrator, my skill is just as effective in the courtroom as it is in the conference room.  I will passionately and aggressively defend your rights and recovery whether your case settles or goes to trial.

 

If you or a loved one is ever in any type of accident and have questions, please don’t hesitate to contact our offices today.  At my office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.

At the Law Offices of Laura Payne Hunt we are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our offices.  The Law Offices of Laura Payne Hunt is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

What you should know about Marijuana Laws in Nevada

In November 2016, marijuana for medical use and marijuana for recreational use were legalized in the state of Nevada. Users of  recreational must be 21 years of age and older. Adults are permitted to purchase 1 ounce of cannabis or up to 1/8 of an ounce of concentrate at one time. The regulations governing marijuana in Nevada are simple to follow. If you are a marijuana user or someone you love is for any reason, it is very important to know the rules and regulations governing marijuana in the state. It is also extremely important to understand that marijuana is not legal in every state and these rules, restrictions and allowances, are not the same everywhere. In fact although it is on the ballot for next term, marijuana is illegal for use in our sister state of Utah.   The following is a brief overview of the requirements and limitations of using and purchasing marijuana in the state of Nevada.

AGE REQUIREMENTS

You must be 21 and over for recreational use of Marijuana in the state of Nevada.  If you have a valid medical marijuana card, marijuana can be purchased legally in Nevada even if the card has been issued from another state. In some circumstances, minors can qualify for medical marijuana card as long as a parent or guardian signs a release for a minor and agrees to be the child’s primary caregiver.

Limitations on Buying Marijuana

Recreational users are permitted to buy up to 1 ounce of cannabis flower or up to 1/8 of an ounce of concentrate at any one time from dispensers that are permitted to sell recreational marijuana. A tax of 15% is added to every purchase.

For those Nevadans with a medical marijuana card who are 18 years and older, or have a qualified caregiver as referenced above, can purchase up to 2.5 ounces of usable marijuana within a two week period. Usable marijuana is inclusive of flour, edibles, concentrate and topicals. Anything containing cannabis qualifies as usable marijuana. The limit on these purchases is calculated based on the total weight of cannabinoids in a product. If you purchase an edible that has 100 mg, you can purchase the remaining amount in a different form of cannabis which would be about 2.4 ounces.  Just a note, although patients are allowed to shop at multiple dispensaries, the purchases are tracked by the state and you will not be able to purchase additional marijuana at a different dispensary.

Locations to purchase marijuana Nevada

In Nevada and Henderson marijuana dispensaries are open for business and many are licensed for medical patients and recreational users both. Check out the Nevada dispensary directory for a complete list of medical marijuana locations.  In the legislation that was passed, recreational dispensaries are determined by the number of residents in the county. Eighty were allocated to Clark County, twenty were located to Washoe County, four were allocated to Carson county and two additional were allocated to the remaining 14 counties. Most of the dispensaries are in populated areas such as Las Vegas, Reno, and Henderson, Nevada.

 

Store hours for dispensaries

 

Store hours are authorized by local governments and are in operation during and only during their establish time frame. Each dispensary must have store hours clearly posted at all times. Dispensary hours vary based upon the local regulations in place. Las Vegas allows medical dispensaries to be open from 6 AM to 10 PM. In Reno, dispensaries are permitted to stay open as late as midnight.

 

 

Where is use of marijuana legal in Nevada?

 

This is the more complex part of legislation and something that is very important for the consumer to understand. Although cannabis consumption is now legal for private use in Nevada, it is still illegal to smoke marijuana in public, on federal land, or in a motor vehicle. Although some hotels still allow tobacco to be smoked on property, most will not permit marijuana use because of the concern of conflicting with federal and gaming license laws. You may have read in the local paper that there has been talk of opening marijuana resorts on Las Vegas Boulevard in the future. It is my recommendation that you should always keep a low profile when consuming marijuana in Nevada. It is still a violation of federal law.  If a person is caught consuming marijuana in public in the state of Nevada, he or she can be charged with a misdemeanor which is punishable by up to six months in jail or a fine of up to $1000 or both. A judge may also assign community service instead of the fine or jail time. It is important to remember that although marijuana is legal, it is not legal to be used in public in the state of Nevada.

 

 

 

Driving under the influence of marijuana

 

Just as it is illegal to drink and drive, it is illegal to drive under the influence of legal marijuana in the state of Nevada.  Violating the law could result in a fine, community service, or jail time.   An officer can conduct a field sobriety test or other testing if he believes you are driving under the influence of marijuana.

The legal determination for being under the influence of marijuana for driving a vehicle is “If the urine sample shows at least ten nanograms of marijuana per milliliter (or 15 nanograms per milliliter of marijuana metabolite), or the blood test shows two nanograms of marijuana per milliliter (or five nanograms per milliliter of marijuana metabolite), the person will be considered high “per-se”, though this can often be contested in court.

 

 

Taking marijuana in your vehicle

 

If you are taking marijuana in a motor vehicle, it must be stored in a sealed container away from the reach of any driver or minor passenger in the car. If it is in an open container and within reach of the driver or a minor, a fine could be imposed. A severe citation of aggravating circumstances could also be imposed. It is also extremely important to note that it is illegal for a person to take marijuana to another state. Even if that state also has legal marijuana, there are laws maybe different from those in Nevada.

 

It is illegal to send marijuana through the US mail.

 

Marijuana as users must know and understand that marijuana is still illegal at a federal level. United States Postal Service or UPS cannot be used to send marijuana. All mail is subject to search and seizure and both of these agencies use dogs to sniff packages that contain marijuana. If the United States Postal Service or UPS believes a package to be suspicious, they are required to report it to the proper authorities. If there is marijuana in that package and you are found to have sent that package, you could be guilty of transporting marijuana across state lines or other federal crimes.  Never send marijuana in the mail.

 

Use of marijuana by a minor

 

As discussed previously you must be 21 or over to purchase recreational marijuana. A minor must have a valid medical marijuana card and a primary caregiver to purchase the marijuana for him.  If you are a minor attempting to purchase marijuana or marijuana related products, this is a crime which is punishable for a minimum one-year sentence for a first time offense

 

Cultivation of marijuana

 

As part of ballot question which passed in Nevada, growing marijuana at a home is banned if the home is within 25 miles of any dispensary. This regulation effectively blocks most of the population of Nevada from growing their own cannabis flowers.

 

It is important to understand that although the use of marijuana is legal in the state of Nevada, it is not legal to use marijuana and operate a motor vehicle.  Please be safe in the use and consumption of legal marijuana, if you or a loved one is involved in any type of accident with some using marijuana or alcohol, please don’t hesitate to contact our offices today.  At my office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.

At the Law Offices of Laura Payne Hunt we are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our offices.  The Law Offices of Laura Payne Hunt is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

KEEP YOURSELF AND YOUR FAMILY SAFE FROM PEDESTRIAN ACCIDENTS

Sadly, Nevada repeatedly ranks in the top ten states for pedestrian fatalities.  I know you are thinking it is because we have so many tourists.  However, almost 90 percent of the victims are local residents of Nevada.  Whether driving or as the pedestrian, there are some safety tips you should always bear in mind.             http://www.dmvnv.com/pdfforms/qtpedestrian.pdf

  • Crosswalks: A crosswalk exists at any intersection. It does not matter if  there are

markings on the ground or not. (NRS 484A.065)

  • Drivers: Must use due care to avoid a collision with a pedestrian at all times.

(NRS 484B.280)

  • Pedestrians: Are required to use the sidewalk and the nearest crosswalk, pedestrian

bridge or tunnel when they are available

  • Signals:    A steady hand means do not enter the intersection, A FLASHING

HAND means do not enter but those in the crosswalk may finish, and

a WALKING PERSON means you may enter if it is safe.

Unfortunately, 2017 was the deadliest year ever recorded for Nevada pedestrian accidents.  https://www.reviewjournal.com/traffic/2017-was-deadliest-year-for-pedestrians-in-las-vegas-valley/  In Nevada, there were 78 pedestrian fatalities in 2017 as opposed to 58 in 2016,  and 60 in 2015 which was the previous record holder.   Many may argue that the legalization of marijuana in Nevada is to blame.  However, it is reported that none of these fatalities involved marijuana impaired drivers.  Unfortunately, some of these tragic accidents did involve drivers who were impaired by alcohol.  Most resulted from distracted pedestrians who were looking at their cellphones while crossing at intersections.   Always remember the age old rule, look both ways before you cross the street.  Some fatalities occurred by pedestrians jaywalking and failing to obey the rules of the road for pedestrian crossings.

Nevada is trying to make our roads and highways safer for pedestrians.  The Nevada Department of Transportation is planning a three million dollar project to install flashing beacons, wider medians and crosswalks at eight intersections and midblock segments of Boulder Highway in Las Vegas, Nevada.  Boulder Highway has been called the deadliest stretch of road in Nevada with nine pedestrian fatalities on that road in 2017.  Even with projects underway to improve pedestrian safety, the best advice is to follow the rules for pedestrian traffic and stay safe.

The Rules of the Road for the state of Nevada are outlined in chapter 484B in the NRS and NRS 484B.280 thru NRS 484B.297 and following these rules can keep you and your family safe and avoid pedestrian accidents. The following is a summary of these codes:

Driver’s must “exercise due care to avoid a collision with a pedestrian.”  This means that drivers must avoid hitting a pedestrian at all times if possible.  If a driver thinks he cannot avoid the collision, he must “give an audible warning with the horn of the vehicle if appropriate.”   When a driver sees a pedestrian on a or near a highway or street, or near a bus stop or near a school, he must use due care while driving.

Clients often ask the question of “who has the right of way” when a pedestrian is involved.  NRS 484B.283 provides the rules for pedestrian crossings and states as follows:

(a) When official traffic-control devices are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be so to yield, to a pedestrian crossing the highway within a crosswalk when the pedestrian is upon the half of the highway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the highway as to be in danger.

(b) A pedestrian shall not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

(c) Whenever a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle until the driver has determined that the vehicle being overtaken was not stopped for the purpose of permitting a pedestrian to cross the highway.

(d) Whenever signals exhibiting the words “Walk” or “Don’t Walk” are in place, such signals indicate as follows:

(1) While the “Walk” indication is illuminated, pedestrians facing the signal may proceed across the highway in the direction of the signal and must be given the right-of-way by the drivers of all vehicles.

(2) While the “Don’t Walk” indication is illuminated, either steady or flashing, a pedestrian shall not start to cross the highway in the direction of the signal, but any pedestrian who has partially completed the crossing during the “Walk” indication shall proceed to a sidewalk, or to a safety zone if one is provided.

(3) Whenever the word “Wait” still appears in a signal, the indication has the same meaning as assigned in this section to the “Don’t Walk” indication.

(4) Whenever a signal system provides a signal phase for the stopping of all vehicular traffic and the exclusive movement of pedestrians, and “Walk” and “Don’t Walk” indications control pedestrian movement, pedestrians may cross in any direction between corners of the intersection offering the shortest route within the boundaries of the intersection when the “Walk” indication is exhibited, and when signals and other official traffic-control devices direct pedestrian movement in the manner provided in this section and in NRS 484B.307.  . . . .

      NRS 484B.287 outlines when a pedestrian must yield right-of-way to vehicle; when crossing at crosswalk is required; rules for crossing diagonally; and additional penalty if violation occurs in pedestrian safety zone.       NRS 484B.287 states as follows:

(a) Every pedestrian crossing a highway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the highway.

(b) Any pedestrian crossing a highway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the highway.

(c) Between adjacent intersections at which official traffic-control devices are in operation pedestrians shall not cross at any place except in a marked crosswalk.

(d) A pedestrian shall not cross an intersection diagonally unless authorized by official traffic-control devices.

(e) When authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements. . . .

It is important to note that there is a special provision for all blind persons which is  NRS 484B.290  which give Right-of-way to all persons who are blind and requires all drivers who approach a blind pedestrian who is using a service animal or carrying a cane or walking stick that is white or white tipped with red has the right of way and any driver approaching shall come to a stop and take precautions before proceeding into the intersection.

NRS 484B.293  states that  “Pedestrians shall move whenever practicable upon the right half of crosswalks. NRS 484B.297  states that “where sidewalks are provided, it is unlawful for any pedestrian to walk along and upon an adjacent highway.”  When a sidewalk in not available, pedestrians are required to  walk on the left side of those highways facing the approaching traffic.  It is also against the law to solicit money or a ride on the side of the road as a pedestrian from passing drivers, although this is sadly, frequently seen in our state.

It is against the law for any pedestrian who is under the influence of intoxicating liquors or any narcotic or stupefying drug to be within the traveled portion of any highway.

https://www.leg.state.nv.us/NRS/NRS-484B.html

If you or a loved one is injured as a pedestrian, call our office immediately and we will make sure that you receive the care you need and deserve, and advise on how to preserve evidence.  If you have been in any type of accident and have questions, please don’t hesitate to contact our offices today.  At my office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.

At the Law Offices of Laura Hunt we are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our offices.  The Law Offices of Laura Hunt is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

WHY SHOULD I HIRE A PERSONAL INJURY ATTORNEY?

If you or a loved one is trying to decide whether to hire an attorney to handle your injury claim, this blog contains some important information for you to consider.  Hiring a professional for any job will yield a better result than doing it yourself for the first time.  The benefit of having an experienced, professional, knowledgeable advocate on your side fighting for your rights cannot be understated.  When you hire an attorney to handle your personal injury claim, you receive the following immediate benefits:

1) A HIGHER SETTLEMENT

2)  BETTER MEDICAL CARE

3) A HIGHER SETTLEMENT FOR YOUR VEHICLE

4) EXPERIENCE FIGHTING INSURANCE COMPANIES 

5) REDUCED STRESS OF NOT HAVING TO DEAL WITH THE

    INSURANCE COMPANY

EXPERIENCE

            When hiring an attorney, experience is critical.  I have over twenty years of experience in dealing with insurance companies.  I have the knowledge of the law, and personal experience in dealing with the methods used by insurance companies in handling claims.  I worked for a major insurer for nine years and trained insurance adjusters in dealing with attorneys.  This experience is critical in representing injured victims against these large corporations.

NO OUT OF POCKET COSTS

At the Law Offices of Laura Hunt, PC, we pay for all of the costs of your case including obtaining records, court costs and expert fees.  We make sure the other side pays the costs and the attorney’s fees.  No payments will come out of your pocket.   Personal injury matters often involve claims of disputed liability. A person is injured and an insurance company or corporation wants to claim that it is their fault. It is imperative to obtain the appropriate experts while evidence is still available. Without an attorney, you will not be able to have an expert inspect the premises or the scene of an accident in time to preserve your claims. Attorneys have resources to pay for these costs on behalf of their clients that can also often be substantial.  I have worked with many experts over the years and can retain the proper expert for your case while evidence is still available. Often times, the retention of experts early in the case can lead to a timely settlement and avoid a trial that would take place without such experts being retained.

WE HANDLE YOUR PROPERTY DAMAGE CLAIM

I was shocked the first time I learned that many personal injury attorneys do not assist clients with their property damage claim. I have always handled this part of a claim for clients and made sure that their cars were warranted after repairs and that they received the highest amount  possible for a total loss of their vehicle in those cases. Often times we go back-and-forth many times with the insurance company on a total loss to make sure that our client receives a fair market value of their vehicle. Many law firms will tell you that you need to handle the property damage yourself because they are not taking a percentage of that matter. I have always handled this at no cost to my clients as part of their personal injury claim.

WE ALLOW YOU TO FOCUS ON RECOVERY

Dealing with insurance companies takes a great deal of time and causes you a lot of frustration.  The insurance company is not on your side.  They will try to trick you and this is a stress you do not need to deal with when you are injured.  You do not have time to collect your medical records, police records, review documents and talk to the insurance adjuster over and over again.  Let my years of experience as an insurance defense lawyer work for you.

ATTORNEYS HAVE ACCESS TO RESOURCES TO HELP YOU

Insurance companies will use every possible argument to not pay your claim.  A strong understanding of the law and access to medical, biomechanical, police and premises experts are often necessary to prove your case.  Often there are also insurance coverage issues that require an experienced understanding of insurance law.  As an insurance defense attorney for over 10 years, I have the experience to handle any coverage issue that could arise in your case.

ATTORNEYS ARE OBJECTIVE

As an injured victim, you can be frustrated and furious with the insurance process which often moves slowly and requires a ridiculous amount of duplicitous paperwork.  An attorney can handle all of those details and remain calm and focused in order to guide you seamlessly through the process.

AN ATTORNEY WILL  ADVISE YOU THE BEST WAY TO RESOLVE YOUR CASE

With many years of experience handling these matters, I know that an adjuster will not always offer a fair settlement in a timely manner.  In fact, often times, a lawsuit is necessary to obtain a fair settlement of your claim.  At my office, we prepare every case to be ready to go to trial or arbitration or  mediation and will advise you of the best option for your case.

LAWEYERS ARE EXPERIENCED IN UNDERSTANDING HOW OTHER MATTERS CAN IMPACT YOUR CASE

Often times, other matters in your life may seem unrelated but can actually impact your injury claim.  Events like a pending bankruptcy can be substantially impacted by a personal injury action.  For example if you have filed a bankruptcy within the last few years and are currently paying on the bankruptcy plan the bankruptcy court must be notified of any substantial settlement that you receive.  In fact failure to notify the bankruptcy court can be considered a fraud upon the court and you could  be required to pay back all of your debts or turn over your settlement funds to the court. Lawyers can also advise you on how to handle matters like social media during a pending personal injury matter. Insurance companies can be ruthless in their efforts to investigate and discredit claimants.   Likewise prior criminal matters can sometimes impact your case and can be handled by an attorney to minimize or avoid impact on your personal injury case.  The same holds true for prior injury claims. Insurance companies will always want to blame any injury you have on a prior claim or a work claim. Attorneys know how to handle these matters. I have worked with many people over the years who have sustained multiple injuries and we have successfully recovered for each of their injuries

YOU WILL RECEIVE MORE MONEY WITH AN ATTORNEY

It is a known fact that the clients who have attorneys receive higher settlements than Claimants who do not.  And it is not always only about how much money is paid by the insurance company, it is often about how that money is distributed. An attorney will maximize all conflicting policies including health insurance subrogation lien’s, Medicare and medical payments coverage to make sure that the expenses are as low as possible and that the client receives the maximum settlement of the funds.  An attorney can also make sure the client receives medical care desperately needed in the event that health insurance is not available or too difficult for the client to obtain the treatment needed.

AN ATTORNEY CAN HANDLE YOUR CASE TO ITS NECESSARY CONCLUSION

Finally insurance companies always know if a claimant does not have an attorney they do not have the ability to take the matter to the final stage, which is a jury trial, if a settlement cannot be agreed-upon. Unfortunately insurance companies will take advantage of people because of this fact and never offer a reasonable settlement that a jury would award in their case because they know the claimant does not have the ability to go to a jury trial without an attorney. You should protect your rights from the beginning. I have tried dozens of cases and also see it as a trial judge on a part-time basis. I have the experience in the court room that you need to receive the maximum compensation that you are entitled to receive

If you or a loved one is injured in an accident call our office immediately and we will make sure that you receive the care you need and deserve, and advise on how to preserve evidence.  If you have been in any type of accident and have questions, please don’t hesitate to contact our offices today.  At my office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.

At the Law Offices of Laura Hunt we are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our offices.  The Law Offices of Laura Hunt is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

KEEP YOURSELF AND YOUR FAMILY SAFE FROM BICYCLE ACCIDENTS

Most drivers do not realize that bicyclists have the same rights and are required to follow the same laws as drivers of motor vehicle in the state of Nevada. They must ride to the right unless they are preparing to turn left or are able to match the speed of traffic. Like drivers of cars, bicyclists must obey all traffic signs and signals and they are required to use hand signals for turns and stops.      http://www.dmvnv.com/pdfforms/qtbicycle.pdf

  • Rules for Motorists: Safe passing is the motorist’s responsibility.

(NRS 484B.270.  A motorist must pass with at least 3 feet of clearance between your car and the bicycle.

  • Correct Size Bike: To determine the correct size bike, children should  sit on the

seat with knees straight and feet flat on the ground and adults should sit on the seat with one knee nearly straight and foot on the ground when foot is on the pedal in its lowest position.

  • Helmets:              Bike helmets are not required by law in Nevada but “they can reduce  the risk of head injury by 85 percent when worn correctly”  according to the nation Highway Transportation Safety Board.
  • Night Riding: Bicyclists are required to wear bright clothing during the day and

reflective clothing at night.  At night bicyclists must have a white lamp in the front visible from at least 500 feet away and a red tail reflector that can be observed  by a vehicle’s low beams from 300 feet away.  There must also be Reflective material on the sides of the bike that can be seen in low beams from at least 600 feet away or a lamp visible from both sides from 500 feet away. (NRS 484B.783)

Unfortunately, every year  in Nevada, bicyclists are killed while riding on the roadways.  Although Nevada does not rank in the top state for bicycle accidents thankfully, most bicycle accidents can be prevented if motorists and bicyclists follow basic safety rules and the rules of the road. http://ots.nv.gov/uploadedFiles/otsnvgov/content/Resources/2017_Highway_Safety_Performance_Plan_FINAL.pdf

The Rules of the Road for bicyclists in the state of Nevada are outlined in chapter 484B in the NRS and NRS 484B.760  thru NRS 484B.783  and following these rules can keep you and your family safe and avoid a bicycle accident.  If fact, requiring your children to follow these laws is also part of the code.  NRS 484B.760 states  “The parent of any child and the guardian of any ward shall not authorize or knowingly permit the child or ward to violate any of the provisions.”  Some rules seem consistent with common sense but unfortunately, the rules were created in response to often a lack thereof.  For example , NRS 484B.773 forfids to attached himself to a moving vehicle driving on a roadway while on  an electric bicycle, coaster, roller skates, sled or toy vehicle.

      Likewise, NRS 484B.780 states that “No person operating a bicycle or an electric bicycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handle bars.”

The following is a summary of these codes that applies to bicycles and electric bikes traveling legally on our roadways: 

TURN SIGNALING

      NRS 484B.768  Required action of operator of bicycle or electric bicycle when turning from direct course; when signal not required.

1.  Except as otherwise provided in subsection 2, an operator of a bicycle or an electric bicycle upon a roadway shall not turn from a direct course unless the movement may be made with reasonable safety and the operator gives an appropriate signal. The operator shall give the appropriate signal at least one time but is not required to give the signal continuously.

2.  An operator of a bicycle or an electric bicycle is not required to give a signal if:

(a) The bicycle or electric bicycle is in a designated turn lane; or

(b) Safe operation of the bicycle or electric bicycle requires the operator to keep both hands on the bicycle or

electric bicycle.

      NRS 484B.769  Signals required to be given by operator of bicycle or electric bicycle on roadway.  An operator of a bicycle or an electric bicycle upon a roadway shall give all signals by hand and arm in the manner required by NRS 484B.420, except that the operator may give a signal for a right turn by extending his or her right hand and arm horizontally and to the right side of the bicycle or electric bicycle.

NUMBER OF PERSONS CARRIED ON A BIKE

      NRS 484B.770  Where bicycles or electric bicycles may be ridden; limitation on number of persons    

      carried on bicycle or electric bicycle.

1.  A person propelling a bicycle or an electric bicycle shall not ride other than upon or astride a

permanent and regular seat attached thereto.

2.  No bicycle or electric bicycle shall be used to carry more persons at one time than the number for

which it is designed and equipped.

RULES OF THE ROAD

      NRS 484B.777  Operating bicycle or electric bicycle on roadway.

1.  Every person operating a bicycle or an electric bicycle upon a roadway shall, except:

(a) When traveling at a lawful rate of speed commensurate with the speed of any nearby traffic;

(b) When preparing to turn left; or

(c) When doing so would not be safe, ride as near to the right side of the roadway as practicable, exercising

due  care when passing a standing vehicle or one proceeding in the same direction.

2.  Persons riding bicycles or electric bicycles upon a roadway shall not ride more than two abreast except on

paths or parts of roadways set aside for the exclusive use of bicycles or electric bicycles.

USE OF REFLECTORS

      NRS 484B.783  Lamps, reflectors and brakes required on bicycles and electric bicycles.

1.  Every bicycle or electric bicycle when in use at night must be equipped with:

(a) A lamp on the front which emits a white light visible from a distance of at least 500 feet to the front;

(b) A red reflector on the rear of a type approved by the Department which must be visible from 50 feet

to 300 feet to the rear when directly in front of lawful lower beams of headlamps on a motor vehicle;

and

(c) Reflective material of a sufficient size and reflectivity to be visible from both sides of the bicycle for

600 feet when directly in front of the lawful lower beams of the headlamps of a motor vehicle, or in

lieu of such material, a lighted lamp visible from both sides from a distance of at least 500 feet.

2.  Every bicycle or electric bicycle must be equipped with a brake which will enable the operator to make

the wheels skid on dry, level, clean pavement.

It should be noted that NRS 484B.767 creates an exception to following these rules for a peace officer, fire fighter, an emergency medical technician, an advanced emergency medical technician or a paramedic Certain persons operating bicycle or electric bicycle while on duty are not required to comply with laws in certain circumstances.  If these first responders are acting in the course and scope of their duties by responding to an emergency, they are not required to follow these statutes.

Nevada is trying to make our roads and highways safer for bicyclists.  In a study conducted by the Nevada Department of Transportation, “Southern Nevadans indicated that they would like wider and more physically separated bike lanes and sidewalks, more regional paved shared use paths, and safer routes to school. The Nevada Department of Transportation recommends programs and policies that support walking and bicycling for all ages and abilities and about 2,023 miles of walking and bicycling facilities when the proposed system is completely built out (1,336 new miles).”  https://altaplanning.com/wp-content/uploads/RTC-Regional-Bicycle-and-Pedestrian-Plan.pdf    Even with projects underway to improve bicyclist safety, the best advice to follow the rules cyclists and motorists to stay safe.

If you or a loved one is injured on a bicycle, call our office immediately and we will make sure that you receive the care you need and deserve, and advise on how to preserve evidence.  If you have been in any type of accident and have questions, please don’t hesitate to contact our offices today.  At my office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.

At the Law Offices of Laura Hunt we are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our offices.  The Law Offices of Laura Hunt is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

SCHOOL ZONE REGULATIONS AND RULES FOR VEHICLES

It’s that time of year again. Kids are back in school,  school zone lights are flashing, and the police are out in force enforcing the law in school zones. However, sometimes drivers don’t always recognize the law in a school zone. Flashing lights and speed limit signs are self-explanatory. But some regulations are a little bit more obscure.  A brief review of these rules can help drivers in Henderson and drivers in Las Vegas and especially our kids stay safe and drivers free from penalties.

MOST IMPORTANT RULES IN A SCHOOL ZONE:

  • Stop immediately for the crossing guard;

2) Stop for a school bus when traveling in the same direction or on a

roadway that is non-divided traveling the opposite direction;

3) Remember school buses are not permitted to drive over 55 miles per hour so drive accordingly;

4) The speed limit in front of a school is 15 miles an hour while lights are flashing;

5) U-turns are not permitted in front of a school when children are present;

6) Always use extreme caution in a school zone and never be distracted by cell phone or radio. Put our children safety first.

The following are the statutes in Nevada which govern traveling in a school zone:

OBEY THE CROSSING GUARD

NRS 484B.350  Stop required in obedience to direction or traffic-control signal of school crossing guard; penalty; additional penalty if driver is proximate cause of collision with pedestrian or person riding bicycle.

1.  The driver of a vehicle:

(a) Shall stop in obedience to the direction or traffic-control signal of a school crossing guard; and

(b) Shall not proceed until the highway is clear of all persons, including, without limitation, the school crossing guard.

2.  A person who violates subsection 1 is guilty of a misdemeanor.

3.  If, while violating subsection 1, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian or a person riding a bicycle, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.

4.  As used in this section, “school crossing guard” means a volunteer or paid employee of a local authority, local law enforcement agency or school district whose duties include assisting pupils to cross a highway.

NEVER PASS A STOPPED SCHOOL BUS WHILE THE SIGNS ARE OUT

 NRS 484B.353  Overtaking and passing school bus: Duties of driver; exceptions; penalties.

1.  Except as otherwise provided in subsection 2, the driver of any vehicle, when meeting or overtaking, from either direction, any school bus, equipped with signs and signals required by law, which has stopped to receive or discharge any pupil and is displaying a flashing red light signal visible from the front and rear, shall bring the vehicle to an immediate stop and shall not attempt to overtake or proceed past the school bus until the flashing red signal ceases operation.

2.  The driver of a vehicle upon a divided highway need not stop upon meeting or passing a school bus which is positioned in the other roadway. The driver of a vehicle need not stop upon meeting or passing a school bus where traffic is controlled by a traffic officer.

3.  Any person who violates any of the provisions of this section is guilty of a misdemeanor and:

(a) For a third or any subsequent offense within 2 years after the most recent offense, shall be punished by a fine of not more than $1,000 and the driver’s license of the person must be suspended for not more than 1 year.

(b) For a second offense within 1 year after the first offense, shall be punished by a fine of not less than $250 nor more than $500 and the driver’s license of the person must be suspended for 6 months.

(c) For a first offense or any subsequent offense for which a punishment is not provided for in paragraph (a) or (b), shall be punished by a fine of not less than $250 nor more than $500.

BUS DRIVERS ARE ALLOWED TO REPORT VIOLATORS

NRS 484B.357  Report by driver of school bus of failure of driver of vehicle to stop; submission of report to school district and Department; provision of notice to owner of vehicle.

1.  The driver of a school bus who observes a violation of NRS 484B.353 may prepare a report of the violation. The report must be signed by the driver and include:

(a) The date, time and approximate location of the violation;

(b) The number and state of issuance of the license plate of the vehicle whose driver committed the violation; and

(c) An identification of the vehicle by type and color.

2.  The driver of a school bus who prepares a report pursuant to subsection 1 shall, within 2 working days after the violation, send the report to the superintendent of the school district and a copy to the Department, which shall thereupon mail to the last known registered owner of the vehicle a notice containing:

(a) The information included in the report;

(b) The provisions of NRS 484B.353; and

(c) An explanation that the notice is not a citation but a warning of the seriousness of the violation.

MAXIMUM SPEED OF A SCHOOL BUS

 NRS 484B.360  Maximum speed of school bus.  A school bus shall not exceed:

1.  A speed of 55 miles per hour when transporting pupils to and from school; or

2.  The speed limit posted by a public authority for the portion of highway being traversed when  transporting pupils to and from any activity which is properly a part of a school program.

SCHOOL ZONE SPEED RULES

NRS 484B.363  School zone or school crossing zone: Speed limit; designation; signs; U-turn and overtaking another vehicle prohibited; determination of hours in which speed limit is in effect; additional penalty if driver is proximate cause of collision with pedestrian or person riding bicycle.

1.  A person shall not drive a motor vehicle at a speed in excess of 15 miles per hour in an area designated as a school zone except:

(a) On a day on which school is not in session;

(b) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation;

(c) If the zone is designated by an operational speed limit beacon, during the hours when the pupils of the school are in class and the yellow lights of the speed limit beacon are not flashing in the manner which indicates that the speed limit is in effect; or

(d) If the zone is not designated by an operational speed limit beacon, during the times when the sign designating the school zone indicates that the speed limit is not in effect.

2.  A person shall not drive a motor vehicle at a speed in excess of 25 miles per hour in an area designated as a school crossing zone except:

(a) On a day on which school is not in session;

(b) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation;

(c) If the zone is designated by an operational speed limit beacon, during the hours when the pupils of the school are in class and the yellow lights of the speed limit beacon are not flashing in the manner which indicates that the speed limit is in effect; or

(d) If the zone is not designated by an operational speed limit beacon, during the times when the sign designating the school zone indicates that the speed limit is not in effect.

3.  The driver of a vehicle shall not make a U-turn in an area designated as a school zone or school crossing zone except:

(a) When there are no children present;

(b) On a day on which school is not in session;

(c) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation;

(d) If the zone is designated by an operational speed limit beacon, during the hours when the pupils of the school are in class and the yellow lights of the speed limit beacon are not flashing in the manner which indicates that the speed limit is in effect; or

(e) If the zone is not designated by an operational speed limit beacon, during the times when the sign designating the school zone or school crossing zone indicates that the speed limit is not in effect.

4.  The driver of a vehicle shall not overtake and pass another vehicle traveling in the same direction in an area designated as a school zone or school crossing zone except:

(a) On a day on which the school is not in session;

(b) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation;

(c) If the zone is designated by an operational speed limit beacon, during the hours when the pupils of the school are in class and the yellow lights of the speed limit beacon are not flashing in the manner which indicates that the speed limit is in effect; or

(d) If the zone is not designated by an operational speed limit beacon, during the times when the sign designating the school zone or school crossing zone indicates that the speed limit is not in effect.

5.  The governing body of a local government or the Department of Transportation shall designate school zones and school crossing zones. An area must not be designated as a school zone if imposing a speed limit of 15 miles per hour would be unsafe because of higher speed limits in adjoining areas.

6.  Each such governing body and the Department of Transportation shall provide signs to mark the beginning and end of each school zone and school crossing zone which it respectively designates. Each sign marking the beginning of such a zone must include a designation of the hours when the speed limit is in effect or that the speed limit is in effect when children are present.

7.  With respect to each school zone and school crossing zone in a school district, the superintendent of the school district or his or her designee, in conjunction with the Department of Transportation and the governing body of the local government that designated the school zone or school crossing zone and after consulting with the principal of the school and the agency that is responsible for enforcing the speed limit in the zone, shall determine the times when the speed limit is in effect.

8.  If, while violating any provision of subsections 1 to 4, inclusive, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian or a person riding a bicycle, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.

9.  As used in this section, “speed limit beacon” means a device which is used in conjunction with a sign and equipped with two or more yellow lights that flash alternately to indicate when the speed limit in a school zone or school crossing zone is in effect.

SCHOOL ZONE SIGNS ARE UNIFORM IN ALL SCHOOL ZONES

NRS 484B.367  School zone or school crossing zone: Requirements for signs; placement of portable signs.

1.  Each permanent sign which designates a school zone or school crossing zone and the speed limit in that zone must be uniform in size and color and must clearly designate the hours during which the speed limit applies.

2.  Each portable sign designating a school zone or school crossing zone and the speed limit in the zone must be uniform in size and color. A portable sign may be placed on or beside a roadway only during those hours when pupils are arriving at and leaving regularly scheduled school sessions.

If you or a loved one is injured in an accident call our office immediately and we will make sure that you receive the care you need and deserve, and advise on how to preserve evidence.  If you have been in any type of accident and have questions, please don’t hesitate to contact our offices today.  At my office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.

At the Law Offices of Laura Hunt we are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our offices.  The Law Offices of Laura Hunt is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

WHAT DO I DO IF I GET INTO AN ACCIDENT AND I DON’T HAVE HEALTH INSURANCE?

  • An attorney can help you get medical care if you have been in an accident with no out of pocket expense to you
  • An attorney can help negociate and reduce medical bills you have incurred from an accident if you do not have health insurance
  • An Attorney can make the adverse driver pay your medical bills from an auto accident that is not your fault.

If you or a loved one is involved in an auto accident and you do not have health insurance, it can be a very scary experience. Of course, if hospital care is necessary you will want to go to emergency room. However, if the injuries are not life-threatening,  it is in your best interest to go to a quick care to be referred to the best course of treatment. Seeking legal representation immediately in this type of situation can help you get the medical care you need for the auto insurance funds that are available.

Many people are not aware that automobile policies are limited and do not provide unlimited medical care to people who are injured through no fault of their own. That is why it is extremely important to make sure you get the right care at the right cost.  And attorney can find out quickly what policies are involved and available for your injuries.  An attorney can maximize the use of those funds to get you the care you need and the recovery you deserve. Hospital bills can be exorbitant, extraordinary and completely unreasonable for non-life-threatening injuries. Without the insurance company provider contract discounts, it can be difficult to negotiate these bills to a reasonable cost.  However, if hospital care is needed,  an attorney can fight for you and take those medical costs from a hospital down to a reasonable figure considering the policy is involved most of the time.

According to the Center for disease control, there are still almost 30,000,000 Americans who do not have any type of health insurance.  

https://www.vox.com/policy-and-politics/2017/9/12/16297660/state-of-american-health-care-5-charts           

An attorney can also assist you in obtaining state aid in the event that you have incurred substantial medical bills as a result of an auto accident and there are not enough auto insurance funds available to cover your  medical bills. By retaining experienced personal injury auto accident attorney Laura Hunt, Esq. you will have access to the network of highly skilled and trained doctors who understand accident injuries. Experienced medical providers understand and  will treat patients knowing that they will wait for payment until after the claim has settled. Doctors are generally accustomed to waiting for payment from insurers. Most doctors who will treat auto accident patients without health insurance require an attorney lien to provide treatment.   At the law offices of Laura Hunt, PC. we work with a vast and experienced network of medical providers who can immediately treat you for your injuries at no out-of-pocket cost to you.

If you or a loved one is injured in an auto accident and do not have health insurance, call our office immediately and we will make sure that you receive the care you need and deserve.  If you have been in an accident and have question about getting treatment, please don’t hesitate to contact our offices today. At my office, we are experienced in helping injured victims get the medical care they need quickly.  Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible. Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.   

At the Law Offices of Laura Hunt we are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our offices.  The Law Offices of Laura Hunt is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.