Category Archives: Accident Litigation

FALLS AND THE LAW

THE CRITICAL FACTS OF SLIP AND FALL LAW

  1. Who – Is Responsible?
  2. Where – Did the injury happen?
  3. When – Did the accident occur?
  4. How – Was the Fall Caused?

What is Slip and Fall Law? 

Clients often call our office and ask for a quote “slip and fall” attorney and sometimes their injury is more product liability related or related to other areas of the law such as workers compensation.  The law of “slip and fall” refers to the liability of a property owner to an individual who falls and suffers an injury due to a dangerous condition on their property. It is a part of personal injury law and these cases are governed by basic rules of negligence like many other areas of the law.

There are several things to keep in mind when you are involved in a slip and fall: accident

Who is liable?

If the accident occurs on private property, the state law of the state where the accident happened usually controls.  An exception is if the accident happens on government property, federal law will control. There are a lot of nuances to slip and fall law and it is critical that you retain an attorney immediately. Owners are not automatically liable for injuries to persons who are injured on their property. Violations of local building codes and ordinances can often be relevant when someone is involved in a slip and fall accident.  Even though the legal jargon of “slip and fall” is generally used, this area of law covers any type of accident that happens as a result of an unsafe condition under your foot on an owners premises. It can be a stumble, a twist, an injury from stepping in a hole, uneven footing, or many various movements that can occur to the human body as a result of a defect on an owner’s property. Common causes of slip and falls can include food or debris on the ground, cracks in the surface such as the asphalt on the sidewalk, miscellaneous objects laying about that are trip hazards, snow or ice, broken or missed placed floor tiles, steps that are in violation of code, in disrepair, or uneven, potholes in parking lots, misplaced sprinkler heads, or almost anything that you can think of that causes a trip hazard that is in violation of code or in disrepair on the property.

Although this may seem like an obvious question it is often the most difficult part and slip and fall law.  To determine who is liable it is important to identify the responsible parties immediately. It may be the owner of the premises, it may be a contractor who is working on the premises, it may be a past contractor who created the negligent condition, or any number of factual scenarios to give rise to liability to the responsible party.  That is why it is critical to hire an attorney immediately so that responsible parties can be identified in order to allow them to recover for medical bills and suffering for their injuries. An attorney can find out who was in control or ownership of the accident site, who was a property manager, business owner, landlord, independently insured tenant, or company or person responisble for the maintenance of the premises. In many cases involving slip and fall on private property there can be multiple liable parties or parties that will point the finger at one another as to who had actual control over the premises at the time of the injury.

Often times, if it cannot be determined from the facts, identifying  all of the liable parties is critical. If there is any kind of uncertainty, attorneys will name what is known in the law as “John Doe defendants”. This is a defendant that their negligence or their participation in the events that were the cause of injury is known but there specific identity is not known at the time suit must be filed. Once the responsible party has been brought to light through the litigation and discovery process, the attorney will amend the pleadings to add the name of the known entity to replace the John Doe defendant.  Attorneys can use a lot of different tools to locate all of the responsible parties to recover damages for your injury from a fall type accident.

Falls on Public Property vs Private Property

If you’ve ever been to a park or  any type of government or public facility you may have noticed a trip hazard such as broken sidewalks, overspray from sprinklers, or any number of hazardous conditions. Many states have what is called “Sovereign Immunity.”   In Nevada, our statutes governing this area can be found at section 41 of the Nevada Revised Statutes. There is generally a limitation on damages against the State of Nevada at $100,000. The Cities and State entities will generally refute liability for injuries and if there is a material change in the area you may not be able to prove liability for your injury by the time your case gets to court. An attorney will put the entity on notice immediately and advise  that they cannot change, modify, or alter the location of the injury until the attorney has had the opportunity to have the area inspected by the appropriate expert. The burden lies with you, the injured party to prove the landlord or property owner is liable for the injuries. Many clients are surprised by this fact. I think it is the public perception that when someone falls on private property or public property that they are entitled to recover for your injury. Call our office immediately if you are injured on someone’s premises, including the state.

When did the accident happen?

In Nevada it is critical to understand that you have two years from the date of the slip and fall to bring a claim against the property owner. However, two years is as an extraordinary period of time and you do not have two years to collect the appropriate evidence including  having the site inspected where the accident occurred. Although you legally have two years to bring the claim, you still need certain evidence to win a slip and fall case. That is why it is of critical importance to contact an attorney. Contact the Law Offices Of Laura Payne-Hunt today if you or a loved

 one has been injured in a slip and fall accident. The landowner needs to be identified and notified immediately and advised not to alter the scene until it can be inspected.   You will need the appropriate expert to quickly inspect the scene. This is a critical element in any slip and fall case. If you are injured in a slip and fall accident contact our office today.


Proving the Defendant is Liable and How the Accident Happened

The last piece of the puzzle of a slip and fall claim is to prove how the accident happened and how the landowner is liable. People often think the landowner is automatically liable if they fell on their property. But as mentioned earlier, this is not the case. The plaintive, a.k.a. the injured victim has the duty to prove that the landowner was negligent and that he failed to act in a reasonable manner under the circumstances. An example is when the store creates a hazardous condition such as mopping floors that become wet and slick, it is important that they act reasonably to place signs in the area so that guests know that area needs to be avoided. If the store owner mops the area and fails to put any signs or notices of the hazardous condition, they can be liable for the injuries of an unsuspecting guest who falls. That being said, it is not always that obvious and there may be denial involved by the landlord.  It is upon the victim’s shoulders to prove that the area was mopped before the fall. This is why it’s so important to obtain an attorney. An attorney can file suit, take depositions of employees that were there, obtain surveillance video and immediately notify the landowner not to destroy any evidence such as video and store logs.

When handling a slip and fall claim, an attorney will gather testimony from persons, witnesses or employees that were involved; attorneys can also use subpoenas to obtain documents from the landowner such as employment records to see who was there, surveillance video, store sweep logs to show what actions were taken to maintain store or not maintain the store at certain times and various other evidence to assist injured victims in proving their claim against the landowner.

If you have a question about a slip and fall injury, any injury on someone’s property of any kind and/or any questions regarding any personal injury, whether from a car accident or a slip and fall or any combination of injuries, please don’t hesitate to call The Law Offices of Laura Payne Hunt, PC, and Henderson Injury Attorneys for over 13 years. Please call our office if you or if a loved one is injured.  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 Henderson and Las Vegas Accident injury offices today. At our 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 Henderson and Las Vegas Accident injury Law Offices of Laura Payne Hunt, PC 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 Henderson and Las Vegas Accident injury Henderson 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. 

WRONGFUL DEATH CLAIMS

The TOP FIVE WAYS TO PROCTECT YOUR LOVED ONES  WHILE ON THE ROAD

  1. Practice defensive driving. Always use seat belts, use a designated driver, and avoid distractions.  
  2. Recognize the dangers of impaired drivers;
  3. Stay aware of  your teenager’s  driving habits. Visit DriveitHOME.org for resources.
  4. Learn how to use your vehicle’s safety systems. Visit MyCarDoesWhat.org for information.
  5. Fix recalls on your vehicle immediately. Visit ChecktoProtect.org to ensure your vehicle does not have an open recall.

Driving is a dangerous proposition in Las Vegas and at the Law Offices Of Laura Payne-Hunt we feel it is our civic obligation to write blogs to inform the public of dangers on the roadway and things to be careful for. Whether we realize it on a daily basis or not it is actually statistically more dangerous to drive a motor vehicle on our roadways than it is to fly an airplane, travel by train, or travel by water. The nature of driving is inherently  dangerous due to human error and negligence. We have a lot of people on our roadways taking drugs or driving under the influence of alcohol; texting and driving, as well as the regular distractions of conversation, music and distractions on the side of the road. A sad statistic to report is that for the first time since the 1903’s there has been three consecutive  years of at least 40,000 roadway deaths in the United States, according to estimates released Feb. 13 by the National Safety Council. In 2018, an estimated 40,000 people died in car crashes  which is slight decline from 2017 where there were 40,231 deaths and 2016 where there were 40,327 deaths In addition, approximately 4.5 million people were seriously injured in crashes last year .

https://www.nsc.org/road-safety/safety-topics/fatality-estimates

Florida, Hawaii, Minnesota, Nevada, New Hampshire, Oregon, Pennsylvania and Washington, D.C., had at least a 5.8% spike in fatalities, according to Council estimates. Five states experienced declines of more than 9.4%: which were Kansas, Maine, New Jersey, Rhode Island and Wyoming.

Even when the utmost caution is taken by drivers, you are at the mercy of other people on the road who may be much less cautious. When someone’s negligence causes the death of a loved one it is absolutely imperative that you seek legal counsel immediately. Often times,  people will want to negotiate the matter or take it on themselves. Unfortunately , when a death is involved there’s a lot of emotion and there is no emotion on the part of the insurance company. The insurance company will immediately put resources into motion to protect their own insured and their own financial interests. Their interest is steadfastly on the side of the driver causing the death and they will take steps to minimize the tragedy. Even if you think that your loved one had fault in the accident it is imperative that you contact an experienced attorney. . At the Law Offices Of Laura Payne-Hunt we are experienced in looking for manufactures defects, intentional acts, joint and several liability, defects in the roadway, and other negligent areas  for which you are entitled damages for the loss of your loved. 

Car accident sorry leading cause of wrongful death claims and there are several main causes of auto accidents.

Although auto accidents are a common occurrence, fortunately, death claims are not as common. That is why the insurance company will immediately place a large amount of resources in defending the claim as soon as the accident occurs. The most common causes of wrongful death in auto accidents is texting and driving while being distracted,  poor weather conditions, driver fatigue, Street and Highway defects, driving under the influence of drugs or alcohol including prescription drugs, car manufactures defects and inexperienced drivers. An experienced attorney will immediately collect the proper evidence needed under Nevada Law to prove the liability of the at fault party in order to collect compensation for your tragic loss.

Elements of a wrongful death claim

Every state has a specific statute on the books that govern the elements of a wrongful death claims. Although they are similar in many states it is important that your attorney know the specific laws in your state governing a families right to recovery. In Nevada our statute states as follows:

NRS 41.085  Heirs and personal representatives may maintain action.

1.  As used in this section, “heir” means a person who, under the laws of this State, would be entitled to succeed to the separate property of the decedent if the decedent had died intestate. The term does not include a person who is deemed to be a killer of the decedent pursuant to chapter 41B of NRS, and such a person shall be deemed to have predeceased the decedent as set forth in NRS 41B.330.

2.  When the death of any person, whether or not a minor, is caused by the wrongful act or neglect of another, the heirs of the decedent and the personal representatives of the decedent may each maintain an action for damages against the person who caused the death, or if the wrongdoer is dead, against the wrongdoer’s personal representatives, whether the wrongdoer died before or after the death of the person injured by the wrongdoer. If any other person is responsible for the wrongful act or neglect, or if the wrongdoer is employed by another person who is responsible for the wrongdoer’s conduct, the action may be maintained against that other person, or if the other person is dead, against the other person’s personal representatives.

3.  An action brought by the heirs of a decedent pursuant to subsection 2 and the cause of action of that decedent brought or maintained by the decedent’s personal representatives which arose out of the same wrongful act or neglect may be joined.

4.  The heirs may prove their respective damages in the action brought pursuant to subsection 2 and the court or jury may award each person pecuniary damages for the person’s grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are not liable for any debt of the decedent.

5.  The damages recoverable by the personal representatives of a decedent on behalf of the decedent’s estate include:

(a) Any special damages, such as medical expenses, which the decedent incurred or sustained before the decedent’s death, and funeral expenses; and

(b) Any penalties, including, but not limited to, exemplary or punitive damages, that the decedent would have recovered if the decedent had lived,

Ê but do not include damages for pain, suffering or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are liable for the debts of the decedent unless exempted by law.

      (Added to NRS by 1979, 458; A 1995, 2667; 1999, 1354)

Who can file a claim

In order to have standing to file a wrongful death lawsuit on behalf of your loved one, you must be an immediate family member such as a spouse, child, or parent of the deceased victim. The personal representative of the estate is who will be named in the lawsuit on behalf of the decedent’s  estate and the family members.

Wrongful death in a car accident

Losing a loved one is a tragedy and losing a loved one to someone’s negligence in an auto accident is an unthinkable loss for every family.  While we cannot bring that person back, we can help ease the financial burden that goes along with the loss of a loved one. If you or someone that you love has lost a loved one due to the negligence of another contact our office immediately. We have over 20 years’ experience helping loved ones and family members recover for the loss of their family.

If you have a question about the wrongful death of a family member or any type of accident involving a personal injury, whether from a car accident or a slip and fall or any combination of injuries, please don’t hesitate to call The Law Offices of Laura Payne Hunt, PC, and Henderson Injury Attorneys for over 15 years. Please call our office if you or if a loved one is injured.  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 Henderson and Las Vegas Accident injury offices today. At our 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 Henderson and Las Vegas Accident injury Law Offices of Laura Payne Hunt, PC 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 Henderson and Las Vegas Accident injury Henderson 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. 

Insuring Teenage Drivers in Nevada

https://www.dmv.ca.gov/portal/dmv/detail/teenweb/more_btn6/traffic/traffic

This article will answer the following questions:

  1. How do I add a teenage driver onto my automobile insurance policy?
  2. What kind of coverage should I get for my teenager?
  3. How much will it cost to insure my teenage driver?
  4. Are parents liable for accidents their kids cause?

It is a rite of passage for all young Americans. Getting your driver’s license is perhaps the most exciting part of growing up. For parents it is a time of apprehension and anxiety about the safety of their children on today’s roadways. Along with the stress of having a new driver, there is a substantial cost involved. When you add a teenage driver to your policy, it raises your rates as most parents are well aware.   Although it is expensive to add your teenage driver, there are factors that can help reduce the cost. Teenage drivers are the most expensive to insure because the fact remains that, statistically speaking, they are the most dangerous drivers on the road and have the highest rates of accidents as compared to with drivers with more experience.   

https://www.cbsnews.com/pictures/deadliest-states-for-teen-drivers
https://www.cdc.gov/motorvehiclesafety/teen_drivers/teendrivers_factsheet.html

Most parents are apprehensive when adding their teenager to the policy. There are steps you should follow when adding a teen driver to your automobile insurance policy.

How to add a teenage driver onto your automobile insurance policy

There are several steps that you can take to make sure that your teenage driver has the appropriate coverage to protect them and yourself  when they begin driving. As discussed below, it is important that you cover your teenager the same way that you cover yourself. In the state of Nevada, parents are liable for the negligence of their children if you signed for them to obtain a driver’s license.

1) The best time to begin the insurance process for your teenage driver is as soon as they get their learners permit. Your insurance company should be able to tell you what the cost will be to add them once they are licensed.  Most insurance companies do not charge for the permitted drivers and therefore you have time to start shopping rates for your new driver.

2) Clients also often inquire as to whether they should get their teenage driver their own insurance policy rather than putting the teenage driver on the parents policy.  I do not recommend for you to put your teenage driver on their own policy for several reasons. First, it is almost always more expensive to insure your teenage driver under their own policy than to put them on your existing policy. Secondly, and most importantly,  your teenage driver needs coverage in the same amounts that you have because you are liable for their negligence if you signed for their learners permit or driver’s license which you did if they are under 18 years old. You cannot get a driver’s license in the state of Nevada without a parental signature if you are a minor under the age of 18. See statute below.

3) Although your automobile policy will generally automatically cover your teen driver without additional charge while they have a learners permit,  you need to check with your insurance company to be certain. At that time, it is important to obtain a rate from your own insurance company as well as other insurance companies before adding your teenage driver.

4) I recommend my clients compare auto insurance rates from at least three major companies for the charge of adding a teenage driver. Although insurance companies provide the same coverages,  their rates are vastly different and you could save a significant amount of money by going with a different carrier. As a general rule, I tell clients to only go with an insurance company they have seen commercials for or have agents in their area.  You coverage is only as good as the company it is from.  

5) Finally, there are discounts to mitigate the cost of adding a teenage driver.  For example, teenagers who get good grades have lower rates as well as those who complete a defensive driving course or online driving school . Therefore,  you want to make sure that your child has good grades, (for many reasons) but also to have reasonable auto insurance rates. If this is not the best way to get your child to get good grades, I am not sure what would be more incentive.

What kind of coverage should I get for my teenager?

Parents often make the mistake of trying to get the cheapest coverage possible for their teenage driver because of the large rate increase of adding a teenager. However,  in the State of Nevada, parents are liable for the negligence of their children if they sign for them to get a driver’s license. Pursuant to NRS 483.300 a parent is liable for the negligence of a minor who obtains a driver’s license that the parents signed for the minor to obtain the license. It is very important to understand that when you’re adding your minor child to your insurance policy or a child that you have guardianship of, if your child is in an accident it is your assets that are at risk of a liability from the claim. I often recommend clients get an umbrella policy when adding a minor to the policy. You have to maintain certain liability limits to qualify for an umbrella and it generally has an additional out-of-pocket cost yearly. However, this is the best way to protect you and your family for an accident of a teenage driver.

Compare rates for different coverages when adding a teenage driver. When shopping for insurance coverage, it is helpful to have your specific vehicle in mind and do some research.   If you have a VIN number on the car you can get an accurate rate if you have a make model and year or you can get a ballpark figure. Also, it is important to be truthful when you are shopping for rates when asked if there are any accidents or tickets in the past five years. Insurance companies will be able to locate those when they actually go to write your policy.  And shockingly, although insurer’s providers are required to run a motor vehicle report before underwriting a policy, they often collect the first month’s coverage to bind coverage before running that report. If the report is different than the information you gave them that can result in a serious rate increase right off the bat.

How much will it cost to ensure my teenage driver?

Now for the big question, what’s it going to cost?  Based upon our research, adding a 16-year-old male to your auto insurance policy will increase your premium by an average of 160% or approximately $2,250.00 according to our analysis. Adding a  new female driver is a bit less expensive, generally raising rates about 125% for an extra $1750.00 rate increase. As the mother of three sons, this is not such good news. But ,again, your child’s grades and  driver education courses will make a significant difference in your rates. Also, most insurance companies will give you a coupon code for your son or daughter to take an online driving class. As the parent of a teenage driver, I took this class with my son and I have to say I was quite impressed. The class is actually quite helpful as  it basically simulates driving conditions your child will face and he or she needs to answer questions based upon the simulated driving exam. Below is a link to the class. The insurance companies will often offer you a coupon or a code to reduce the rate by half or more to take the class. I highly recommend that all teenage drivers take the class.  https://www.teensmartdriving.com/insurance-partners/aaa/ 

Are Parents Liable for accidents of their teenage driving kids?

The answer is yes.  Nevada law is clear on this issue.  NRS 483.300 clearly states that when a parent or guardian signs for their minor child or ward to obtain a driver’s license, they are liable for damages for the accidents of their children. Since parents in Nevada are liable for the negligence of their children if they signed for them to obtain a driver’s license, it is important for them to have the same coverage you have for the rest of the family.  NRS 483.300 states specifically as follows: 

 NRS 483.300  Signing and verification of application of minor by responsible person; liability.

      1.   The application of any person under the age of 18 years for an instruction permit or driver’s license must be signed and verified, before a person authorized to administer oaths:

(a) By the applicant’s parent who has custody of the applicant or by either parent if both have custody of the applicant;

(b) If neither parent has custody of the applicant or if neither parent is living, by the person who has custody of the applicant, including an officer or employee of the State or a county if the minor is in the legal custody of the State or county;

(c) If neither parent has custody of the applicant or if neither is living and the applicant has no custodian, by the applicant’s employer; or

(d) If neither parent has custody of the applicant or if neither is living and the applicant has no custodian or employer, by any responsible person who is willing to assume the obligation imposed under NRS 483.010 to 483.630, inclusive, upon a person signing the application of a minor.

2.  Except as otherwise provided in NRS 41.0325, any negligence or willful misconduct of a minor under the age of 18 years when driving a motor vehicle upon a highway is imputed to the person who has signed the application of the minor for a permit or license and that person is jointly and severally liable with the minor for any damages caused by such negligence or willful misconduct.

If you have a question about  adding your teenage driver to your insurance policy or any type of accident involving a personal injury, whether from a car accident or a slip and fall or any combination of injuries, please don’t hesitate to call The Law Offices of Laura Payne Hunt, PC, and Henderson Injury Attorneys for over 13 years. Please call our office if you or if a loved one is injured.  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 Henderson and Las Vegas Accident injury offices today. At our 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 Henderson and Las Vegas Accident injury Law Offices of Laura Payne Hunt, PC 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 Henderson and Las Vegas Accident injury Henderson 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. 

SCHOOL ZONE LAW FOR BACK TO SCHOOL DRIVING

TOP 10 SCHOOL ZONE RULES TO KNOW FOR BACK TO SCHOOL 

  1. OBEY THE CROSSING GUARD – Not stopping for a crossing guard while driving in Nevada is a misdemeanor and if you have a collision with a car or a pedestrian by not stopping for a crossing guard, you can be subject to penalties including fines and possible loss of your license.

2) NEVER PASS A STOPPED SCHOOL BUS WHILE TH E SIGNS ARE OUT- It is extremely important to stop for a school bus with signs out when driving on the same side of the road as the bus or on a non-divided road, meaning there is not median in the roadway separating the lanes.  

3) BUS DRIVERS ARE ALLOWED TO REPORT VIOLATORS – and they will.  If a bus driver obtains your information for passing the bus illegally, he or she can report you and the school district can send you a warning.  It is important to note that the penalties increase based upon the number of offenses you commit.

4) MAXIMUM SPEED OF A SCHOOL BUS – Be Patient for school buses on our roads.  They are charged to keep our most precious cargo safe and are not permitted to drive in excess of 55 mph.  

5) SCHOOL ZONE SPEED RULES – The speed in a school zone is 15 miles per hour when school is in session.  Session means days children are in school from a half hour before school starts and a half hour after school gets out.  

6) During days school is in session but is it outside the half hour windows of starting and ending or lights are not flashing to indicate otherwise, the speed limit is 25 miles per hour.    

7)  U-turns are not permitted in school zones while school is in session.

8)  No passing in a school Zone.

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

It’s that time of year, Kids are back in school, school zone lights are flashing, and the police are out 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 stay safe and free from penalties and keep our kids safe.

Take time to watch for the kid walking and riding bikes to  school. The school zone is an area on the street near a school, in front of the school, and area where children will be crossing to go to the school, a crosswalk leading to the school, or any place where children are likely to be walking to school and signs are posted. School zones extend beyond the perimeter of the school itself in many areas. It is important to watch for school zone signs.  Sometimes there will not be lights flashing but rather only a sign posted. Sometimes there may not be crossing guards in the area so it is important to watch for all markers that indicate a school zone.   

Fines for speeding in school zones can be double and sometimes even higher in some places.  Often times the laws and penalties regarding school zone driving rules can be confusing. I have listed the applicable statutes below and will summarize these rules.   

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

OBEY THE CROSSING GUARD – Not stopping for a crossing guard while driving in Nevada is a misdemeanor and if you have a collision with a car or a pedestrian by not stopping for a crossing guard, you can be subject to penalties including fines and possible loss of your license.

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 TH E SIGNS ARE OUT- It is extremely important to stop for a school bus with signs out when driving on the same side of the road as the bus or on a non-divided road, meaning there is not median in the roadway separating the lanes.  

 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 – and they will.  If a bus driver obtains you information for passing the bus illegally, he or she can report you and the school district can send you a warning.  It is important to note that the penalties increase based upon the number of offenses you commit.

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 – Be Patient for school buses on our roads.  They are charged to keep our most precious cargo safe and are not permitted to drive in excess of 55 mph.  

       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 – The speed in a school zone is 15 miles per hour when school is in session.  Session means days children are in school from a half hour before school starts and a half hour after school gets out.  During days school is in session but is it outside the half hour widows of starting and ending or lights are not flashing to indicate otherwise, the speed limit is 25 miles per hour.     In addition, U-turns are not permitted in school zones while school is in session.  

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 – School zone signs are generally self-explanatory and are uniform in Nevada.  Watch for these signs an slow your speed at the proper times.  

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 have a question about school zone rules or any questions regarding a personal injury, whether from a car accident or a slip and fall or any combination of injuries, please don’t hesitate to call The Law Offices of Laura Payne Hunt, PC, and Henderson Injury Attorneys for over 13 years. Please call our office if you or if a loved one is injured.  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 Henderson and Las Vegas Accident injury offices today. At our 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 Henderson and Las Vegas Accident injury Law Offices of Laura Payne Hunt, PC 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 Henderson and Las Vegas Accident injury Henderson 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. 

DON’T EVER AGREE TO SETTLE YOUR CASE ON THE PHONE

FOLLOW THESE TIPS FOLLOWING AN ACCIDENT

  1. Do not give a recorded statement on the phone
  2. Seek medical attention immediately
  3. Do not settle your case too soon
  4. Keep communication with the insurance company regarding your injury in writing.
  5. It is best to get an attorney.

Although I have blogged about this in the recent past, the number of phone calls we get regarding people who have agreed to a lowball verbal settlement on the phone with an insurance companies compels me to re-address this issue. It is a sad reality that insurance companies will immediately take advantage of an injured person at the first opportunity. They have taken this practice to new levels in recent months.   Here’s how the story normally goes. You get into a car accident and you decide that you want to handle it by yourself. Although that is not generally a good decision, if it is your choice, be cautious. Insurance companies are looking for exactly that injured, unrepresented person to take advantage of by presenting a low ball offer before injuries are even known. 

Usually, the insurance company will call you within 24 to 48 hours of your accident. At that point your injuries have not been established and in fact may not even be known to you.  The insurance company will throw out a very low offer usually under $1000 and ask if they send you a check “do you agree to settle your case and all of your claims for that amount? If you say yes, and they are recording your conversation this agreement can be construed as a legal binding contract for which you may have no additional recourse in the future. Although some contracts have been found that they must be in writing, such as contracts for real estate under the statute of frauds, there is no such general law for verbal settlement agreements.  

This practice of insurance companies taking advantage of unrepresented victims is appalling. However, it is unfortunately becoming widespread and you should protect yourself against such a practice. It is best to obtain counsel immediately following the accident. However, if it is your choice not to seek legal representation, be warned not to speak to the insurance company on the phone. Advise them that all of your correspondence must be written and they can email you. And do not agree to any settlement until you believe that you have fully recovered from your injuries.  Do not settle your claim following an accident too soon. I recommend generally at least three months or longer.

Most people are shocked to learn that if they agree to a settlement on the phone and then see a doctor or realize they have a more severe injury that they are then prevented from making a claim for that additional injury. Insurance companies are savvy and they know the laws, usually better than the injured victim. Don’t let the insurance company make you a victim a second time which is what they are doing in this type of circumstance.  It is extremely important to obtain medical care following an accident and to monitor your physical condition for injuries associated with the accident. The insurance company is preying on resolving cases inexpensively and getting out of paying injured people for the injuries and pain and suffering that they have actually sustained. They are preying upon the lack of knowledge of the person on the phone and the vulnerability of their situation.   In the past, this seemed like an infrequent practice of insurance companies and often by small companies. However, it has recently been brought to our attention that major insurance providers are engaging in this practice on a regular basis. They are knowingly and intentionally taking advantage of injured people, knowing full well that injuries from an automobile accident may not even be known at the time they are attempting to elicit a low settlement.  The other driver’s insurance company is never on your side.  

If you have a question about talking to the insurance company following an accident or any questions regarding a personal injury, whether from a car accident or a slip and fall or any combination of injuries, please don’t hesitate to call The Law Offices of Laura Payne Hunt, PC, and Henderson Injury Attorneys for over 13 years. Please call our office if you or if a loved one is injured.  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 Henderson and Las Vegas Accident injury offices today. At our 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 Henderson and Las Vegas Accident injury Law Offices of Laura Payne Hunt, PC 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 Henderson and Las Vegas Accident injury Henderson 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 TO KNOW IF YOU ARE INVOLVED IN A BOATING ACCIDENT

The US Coast Guard’s Recreational Boating Statistics Guide shows that most boating accidents are caused either partially or entirely by the negligence of the boats operator. Most of their reviews found that sadly, most boating accidents could have been avoided if the boat operator had followed proper procedure and been attentive to his driving. In 2015, there were 5.3 deaths per 100,000 registered vessels and 76% were drownings. Sadly, of those 76% of drownings, 85% of the victims were not wearing lifejackets. Based upon review of statistical data the following are the top 10 most common causes for boat accidents:

1) Use of Alcohol

2) Excessive Speed

3) Mechanical Failures

4) Failure to Check for Weather Conditions

5) Rapid Change in Water Conditions

6) Negligence of the Boat Operator

7) Failing to Maintain a Lookout for Other Boats

8) Inexperience of the Boat Operator

9) Violations of Rules Governing Private Vessels on the Waters

10) Failure to Use Proper Safety Gear

Most boating accidents involve one or more of these factors. If you or a loved one has been injured in a boating accident, please contact our office immediately. We can make sure that you or your loved one receives the compensation that you deserve for a personal injury that you sustained in a boating accident in Henderson, Las Vegas or anywhere in  Nevada. 

Use of Alcohol

Just like in a motor vehicle, it is a sad reality that many boat operators use alcohol while they are out on the waters. It is important to note that the same rules of operating a vehicle under the influence apply to a boat operator. Alcohol resulted in the fifth highest number of deadly accidents. In fact, almost as many people died in boating accidents related to alcohol than in most other causes combined. Operating a vehicle on the waters requires a blood alcohol content of less than .08%. If you are enjoying the waters with friends and family make sure that the boat operator is the designated operator and not using alcohol while operating the vessel.  There is no way to call for an Uber on the water.

Excessive Speed 

It is critically important that boat operators operate the vessel at a proper speed to keep their passengers safe. Just like highways, there are actually speed limits in many areas of the lake. Operating a boat too fast has caused collisions or rollovers that have resulted in catastrophic injuries.

Mechanical Failures. 

Although it is not the most common cause of all the accidents it is important for the boat owner to conduct routine safety checks on the boat to make sure it is in good condition. Failures of the motor or other mechanical issues such as steering and controls can be difficult to overcome once out on the open waters.

Always Check Weather Conditions

We have all gotten up to a beautiful morning and by the end of the day it is storming. It is of crucial importance in planning a day on the water to check the hourly forecast. Sadly, many boating accidents and fatalities have occurred due to drastic changes in weather and a capsize of the boat. Even if you are going with friends, take it  upon yourself to check your smart phone for the hourly daily forecast so that you can prevent any type of catastrophic weather accident.

Rapid Change in Water Conditions

Often the passing of another boat can cause serious wakes and changes in the water conditions.  Always be mindful of other vessels on the water and their proximity to your boat as well as the size of your boat. It is best to avoid the vicinity of larger vessels on the water if possible.

Negligence of the Boat Operator

It is important that the operator of the boat be skilled in boat operation. Many people purchase boats and fail to take any class or review any manuals. To get a driver’s license it is required  by law to take a written test and a driving test so that drivers have a basic level of skill on the road. Unfortunately, this is not the case with owning a boat in most states. Therefore, the ability and skill of the operator varies widely. Make sure that the operator of the boat that you are on is skilled in the operation of the vessel.

Failure to Maintain Lookout

It may be surprising for you to learn that a large number of boating accidents happen as a result of collisions with other boats. It is critical that all passengers assist the operator to watch for other vessels and avoid collisions with other vessels. Often, boats cannot make last-minute maneuvers like cars so it is important to keep a lookout at a distance to make sure that you are not getting too close to other vessels on the water.  Unlike the roads, boating vessels can be traveling in any direction, anywhere on the water. 

Inexperience of The Boat Operator

Often times during a day at the lake, multiple people will drive the boat. I do remember being a kid and my grandma letting me drive the boat.  It was such a thrill. Fortunately, she was with me and taught me many valuable skills such as the ones listed above in operating a boat. It is fun to take turns driving the boat. It is important to always supervise and make sure that an experienced operator is present and teaching any inexperienced operators the ins and outs of operating the vessel on the water.   It is an important statistic that only 15% percent of deaths occurred on vessels where the operator had received a nationally-approved boating safety education certificate. 

Violation of Boating Rules

It should not be surprising that there are rules and regulations on the waterways just as there are rules and regulations on the roadways.  Boating accidents are governed by federal, state and local laws. There are also laws for BUI, or boating under the influence rules. http://www.ndow.org/boat/boating_safety/pfds/  

Failure to Use Proper Safety Equipment

As stated above, there are numerous rules regarding safety equipment for boaters. Failure to use this results in injuries and fatalities every year. Make sure that everyone is wearing a life vest not just children.  At the Law Offices of Law Hunt, we urge all boaters to wear life jackets and protect children by ensuring they are wearing properly fitting life jackets at all time. All children under 13 years of age are required to wear lifejackets while boating in Nevada.  For additional information on boating safety, visit http://www.ndow.org/Boat/Boating_Safety/ Owners of recreational watercraft must be sure their boat carries the mandatory safety equipment and is compatible with state and federal laws. As part of this compliance, boats must be registered, they must meet certain equipment requirements including having lifejackets, visual distress signals, fire extinguishers, proper ventilation, back fire flame controls, sound producing devices, and navigation lights. They must also follow operating procedures including following navigation laws, and all state and federal laws.  Sadly, in 2015 twenty children lost their lives in boating accidents who were not wearing life jackets. http://www.leg.state.nv.us/NRS/NRS-488.html#NRS488Sec193  

In 2015, the United States Coast Guard counted 4,158 boat accidents that involved 626 deaths, 2,613 injuries and approximately $42 million dollars of damage to property as a result of recreational boating accidents   https://www.uscgboating.org/library/accident-statistics/Recreational-Boating-Statistics-2015.pdf    

Unfortunately, Nevada has a high rate of boating accidents. Lake Mead is an extremely popular recreation area.  Its natural beauty and warm climate make it an inviting destination to enjoy boating activities. With an average of 10 million visitors annually, this is the busiest national recreation area in the country, centering on the nation’s largest manmade lake.  It also leads the national park system in fatalities. In 2015 it was reported that Nevada was ranked in the top states for boating accidents with most of those accidents happening at Lake Mead.

If you have a question about boating accident injury and/or any questions regarding a personal injury, whether from a car accident or a slip and fall or any combination of injuries, please don’t hesitate to call The Law Offices of Laura Payne Hunt, PC, and Henderson Injury Attorneys for over 13 years. Please call our office if you or if a loved one is injured.  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 Henderson and Las Vegas Accident injury offices today. At our 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 Henderson and Las Vegas Accident injury Law Offices of Laura Payne Hunt, PC 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 Henderson and Las Vegas Accident injury Henderson 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. 

Boating Injury Statics:

  • The fatality rate was 5.3 deaths per 100,000 registered recreational vessels in 2015.
  • This rate represents a 1.9% increase from 2014’s fatality rate of 5.2

deaths per 100,000 registered recreational vessels

  • Compared to 2014, the number of accidents increased 2.3%,  the number of

                          deaths increased 2.6%, and the number of injuries decreased 2.4%.

  • Where cause of death was known, 76% of fatal boating accident victims drowned. 
  • Of those drowning victims, 85% were not wearing a life jacket.

  • Eight out of every ten boaters who drowned were using vessels less than 21 feet in length.
  • Alcohol use is the leading known contributing factor in fatal boating accidents; where the primary cause was known, it was listed as the leading factor in 17% of deaths.
  • Where data was known, the vessel types with the highest percentage of deaths were open motorboats (46%), kayaks (12%), and canoes (11%).

  • Twenty-two children under age thirteen lost their lives while boating in 2015. Twelve children (55%) died from drowning. Two children (17%) of those who drowned were wearing a life jacket; half of the remaining ten children who were not wearing a life jacket were not required to do so under State law

WHAT DO I DO IF I AM INVOLVED IN AN ACCIDENT IN MY RENTAL CAR WHILE ON VACATION

What to do following an accident with a rental car vehicle

If you find yourself at the scene of a car accident involving a rental car vehicle, you should take the following steps immediately afterwards to protect your rights. 

1) Take photos of the vehicles, the scene of the accident, the adverse driver’s license and the rental car contract.

2) It is very important to call the police.  They will document and take down all necessary information.

3) Get medical attention right away.

4) Contact your own insurance company right away to   

            advise them of the claim

In most cases involving an accident with a rental car, liability will still lie with the person driving the vehicle involved in the accident. There are a few instances where the rental car company may be liable but generally only if something was wrong with the vehicle. If you’ve been injured in a car accident that involved a rental car, you may have questions regarding who you can recover your damages from.  At the personal injury law offices of Laura Payne-Hunt, Esq. we can answer any of your questions. Please do not hesitate to call our office if your or a loved one has been in an accident. A specific question you may have may be regarding the rental car company’s liability for the accident. You may also be wondering which insurance company, whether the rental company or the drivers insurance company, is liable. 

In general, you cannot make a claim against the rental car company after an accident. Liability for rental car accidents works the same as it does for car accidents involving independent drivers. This means that if the person driving the rental car is found to be at fault, then that person will be liable for the damages that ensue from the accident. This includes damages for medical bills, pain and suffering, lost time from work, for anyone injured in the accident as well as the cost to repair or replace the vehicles. If you are the person that caused the accident, this means that your personal insurance that you carry on your vehicle at home that you usually drive will step in and cover the accident. 

 Conversely if you are hit by someone driving a rental car, their personal insurance on their vehicle from home will cover your damages.  When an accident involves a rental vehicle there are a number of different types of insurance coverage that could come into effect. They include the following:

  1. This first is usually the at fault driver‘s personal insurance which will extend to the accident involving the rental car.
  2.  In addition, insurance sold by the rental car company may also provide liability coverage, minimal though it may be. 
  3. And in addition to that, if the rental car is paid for by credit card, the credit card company often offers collision coverage which will cover damage to the vehicle, but not medical losses. 
  4. And finally, if the responsible party does not have any personal insurance coverage or through the rental car Company, you may have to resort to using your own uninsured or underinsured motorist coverage to cover the damages from the accident.

Instances where the rental car company be liable. 

Although most car accidents involving rental cars will come down to the drivers personal auto liability insurance, there are some exceptions where the rental company may be liable. One example is that you may be able to sue the rental car company if the accident was actually caused by or made worse by a dangerous vehicle defect that  the Rent-A-Car company knew about and did not fix or should have known about and rented the vehicle. In other words, the rental company’s negligence in maintaining or repairing the vehicle can be a basis for liability. However, you will need to establish the factual causation between the car and the accident. If a blowout in the tire or some mechanical malfunction contributed to the accident, be sure to take pictures of the scene as well as document what happened with the vehicle.  Another instance may be that the rental car company was negligent in renting out the vehicle. For example, they fail to verify driver’s license information or rented a vehicle to a driver who actually had a revoked license for DUIs. There is a possibility the rental car company could be on the hook in such a situation.

In actuality, since renting cars is not something people do frequently, there is often a greater risk of accidents in rental cars because drivers are unfamiliar with the vehicle or the area in which they are driving. If you are involved in an accident with a rented vehicle, the personal injury claim is generally not affected by the fact that a rental vehicle was involved.  Following an accident with the rental vehicle you should follow the same steps generally followed after an accident; 1) take photos of the vehicles, the scene of the accident, the adverse driver’s license and the rental car contract; 2) it is very important to call the police as they will document and take down all necessary information; 3) get medical attention right away

What is a collision damage waiver?

This is a term that you are also often confronted with at the rental car desk. The rental car company will ask you if you want to purchase their insurance or sign the collision damage waiver. What this means is that the collision damage waiver only applies to damage that is done to the rental car and shifts the cost of repairing or replacing the vehicle to you if you waive this coverage. If you accept this coverage, it shifts the  burden onto the rental car company. Your own private insurance will cover the damages to the rental car; however, you may be liable for your deductible if the damage to the car is your fault. In addition, if the damage is your fault, it will be a claim on your personal insurance and could raise your insurance rates. The collision coverage does not apply to all injuries to another driver or passenger if you cause an accident.  

https://money.usnews.com/money/personal-finance/spending/articles/your-guide-to-purchasing-rental-car-insurance

NON COLLISION EVENT

The question may also arise when you are in a rental car what happens if the car is damaged in some non-collision event.  Usually meaning what if the car is damaged by a theft while you are renting the car or some type of weather related damage to the car.  This will work the same as your private vehicle. If you purchased the rental car insurance on the vehicle, the rental car insurance that you purchased will cover any physical damage to the vehicle that you rented. If you did not purchase the extended coverage offered by the rental car company and the car is damaged or stolen while in your possession, your private insurance again will cover the damage to the vehicle. However, you will be liable for the deductible on your policy which you will be required to pay to the rental car company when the car is returned. It is often a good idea to spend the extra money to get the coverage on the car to avoid future headaches. Although your private insurance will cover you on the rental car, deductibles and paperwork may not be worth the headache. This is a financial decision that is entirely up to you. Generally, we highly recommend that if you are renting a car for a very short period of time it is truly worth purchasing the rental car companies insurance for the peace of mind that you could turn the car in with any dent, ding, or scratch on it and not be liable for the damage.  When you are on vacation, the last thing you need to worry about is a door ding on a vehicle or someone backing into the car in a parking lot. Although your private insurance will handle it, you will be responsible for paying that deductible when the car is turned in and a headache on your vacation that could have been avoided for $50.00.

If you have a question about an accident in a rental car or any questions regarding a personal injury, whether from a car accident or a slip and fall or any combination of injuries, please don’t hesitate to call The Law Offices of Laura Payne Hunt, PC, and Henderson Injury Attorneys for over 13 years. Please call our office if you or if a loved one is injured.  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 Henderson and Las Vegas Accident injury offices today. At our 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 Henderson and Las Vegas Accident injury Law Offices of Laura Payne Hunt, PC 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 Henderson and Las Vegas Accident injury Henderson 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.

LEGAL LIABILITY OF FOR POOL ACCIDENTS

Top Reasons Liability Can be Found Against a Pool Owner

  1. A Public Pool owner  Fails to maintain proper safety equipment;
  2. A Public Pool Owner Fail to have adequate lifeguards;
  3. A Private Pool Owner invites and fails to supervise children;
  4. A Private Pool Owner fails to warn of any Malfunctioning equipment;

Sadly in the United States, statistics show that nine people are United States drowned. Another harsh reality is that drowning is the second leading accidental injury related death for children ages 1 to 14 years of age. For each child lost, there are up to four nonfatal pool accidents that result in serious injuries to the victims requiring hospitalization and often resulting in paralysis and brain damage. In most of these personal injury situations, the drowning of a child results when he or she was being not being supervised in the pool

The question often arises who is liable for these tragic accidents. Liability for a swimming pool accident is very state specific. Meaning that liability in each state will vary depending on the premises liability laws of the state. Pool owner, including private pool owners in residential areas and owners of pools in a public setting such as a municipality or a hotel can be held liable when a swimmer is injured. This liability stems from the general rules of premises liability in the state where the pool is located.  There are also federal regulations in place to keep public pools safe and insure that the appropriate safety equipment is installed.

Liability of a public pool

Public pool owners can be held liable for failing to provide the proper safety equipment in case of emergency if an invited guest is injured. A public pool owner can also be held liable for equipment that is in disrepair or broken or for the failure to have adequate supervision of lifeguards.  If an accident or injury occurs from broken equipment at a public pool that can be considered negligence per se meaning in the law negligence on its face. In addition to maintaining all equipment in working order, public pools must comply with state and federal regulations. A public pool owner may need to warn of any hidden dangers such as a pool being too shallow for diving. Failure to warn invitees or guests of these hidden dangers can result in liability for a public pool owner

Liability of A private pool Owner

An owner of a private pool must be sure to warn any guests or people at his pool of any dangers that he knows exist.  An example would be a ladder or slide that is not properly secured or is broken. In addition to a private owner’s liability for failure to warn of any hazardous conditions at the pool, a private pool owner can be held liable for injuries to children who are invited to use the pool if they are not adequately supervised or there is not a proper barrier. This is extremely important.  If you are planning to have a party or children over to swim from your neighborhood you are liable for injuries that happen to those children as a result of not supervising them. Therefore, if you plan to have children at your home to swim you must have a qualified person supervising those children at all times or you could be liable for injuries that occur to them from such a lack of supervision. Personal injuries sustained in pool accidents can be serious and even fatal. It is a responsibility that all pool owners must take a seriously. 

Nevada Pool Regulations

The Nevada Administrative Code (NAC) Sections 444.010 – 444.546 previously served as the Southern Nevada Health District’s governing document to regulate the operation of public pools. Due to changes to industry the Southern Nevada Health District developed and proposed new regulations based on the CDC’s Model Aquatic Health Code. The new regulations were approved by the Board of Health in April 2018 and approved by the Nevada State Board of Health on June 8, 2018, and go into effect July 1, 2019. 

These regulations encompass swimming pools, bath houses and nudist colonies. This gave me a chuckle in that I did not know we had nudist colonies in Nevada and this article will not discuss the same. Perhaps a future blog post topic.  However, the swimming pool regulations are encompassed in these rules. These rules cover everything including the definition of a public pool, the inspection of public pools, permits required for public pools, the competency of lifeguards on duty and the penalties for a violation of these rules.  According to the statute, a lifeguard on duty at a facility of the state or operated by the state of Nevada or any political subdivision where a recreational swim pool is available, must have satisfactorily completed an advanced lifesaving course offered by the Red Cross or equivalent course. Said lifeguard must be certified and present proof that he has completed such a course and such certifications must be posted at the lifeguards workstations during all business hours. The rules further state that a violation of any of these rules can constitute a misdemeanor. 

Also included in these rules are provisions for disabled persons. Such provision state that a person with the physical disability cannot be prohibited from using a life-saving device in a public swimming pool if the person is using the device in regards to their disability   These rules also give the Southern Nevada Health District permission to supervise the sanitation healthfulness, cleanliness and safety of public swimming pools in Nevada.

Nevada Law Regarding Landlord/ Pool Owner Liability in General

The best way to sum up landlord liability of a pool owner in Nevada is to refer to Supreme Court Case Sargent v. Ross, 308 A2d 528, 534 (1973), where the Nevada Supreme Court stated as follows:

Henceforth landlords and other persons must exercise reasonable care not to subject others to an unreasonable risk of harm.  A landlord must act as a reasonable person under all of the circumstances including the likelihood of injury to others, the probable seriousness of such injuries, and the burden of reducing or avoiding the risk.  We think this basic principle of responsibility for landlords as for others ‘best express the principles of justice and reasonableness upon which our law of torts is founded.’ The questions of control, hidden defects and common or public use, which formerly had to be established as a prerequisite to even considering the negligence of a landlord, will now be relevant only inasmuch as they bear on the basis tort issues such as foreseeability and unreasonableness on the particular risk of harm.  Moody v. Manny’s Auto Repair, 101 Nev. 35, 692 P2d 1290 (1985).

Based on these decisions, a landowner must act “reasonably” under the circumstances.  Obviously, the relationship between a landowner and the injured party will very likely play an important role in determining if the landowner’s conduct or lack thereof, was reasonable.

     The Court Nevada Courts have relied on Section 343A (1) of the Restatement, Second, of Torts which states that, to determine landlord liability.  They have stated that “A possessor of land is not liable to his invitees for physical harm caused to them by any activity or condition on the land whose danger is known or obvious to them, unless the possessor should anticipate the harm despite such knowledge or obviousness.  Comment F. to Section 343(1) of the Restatement, Second, of Torts discusses one possible exception to the general rule. That comment states, “There are cases, however, in which the possessor of land can and should anticipate that the dangerous condition will cause physical harm to the invitee notwithstanding its known or obvious danger.”  A pool is such an example of a dangerous condition that a landowner knows can cause care to guests.

If you have a question about liability for a pool accident and/or any questions regarding a personal injury, whether from a car accident or a slip and fall or any combination of injuries, please don’t hesitate to call The Law Offices of Laura Payne Hunt, PC, and Henderson Injury Attorneys for over 13 years. Please call our office if you or if a loved one is injured.  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 Henderson and Las Vegas Accident injury offices today. At our 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 Henderson and Las Vegas Accident injury Law Offices of Laura Payne Hunt, PC 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 Henderson and Las Vegas Accident injury Henderson 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 EXACTLY IS A SOFT TISSUE INJURY

Four most common types of soft tissue injuries
1) Sprains
2) Contusions
3) Strains
4) Whiplash

One of the most common types of injuries sustained in an auto accident is referred to as a soft tissue injury. A soft tissue injury is considered an injury to a muscle or tendon. The term “ soft“ refers to areas of the body that typically become injured after undergoing some trauma such as an auto accident or other types of personal injury accidents. When a victim is involved in a serious car accident, there is generally some type of soft tissue injury as a result. When you are involved in a car accident, your body is subjected to an extreme amount of trauma. Because of the rapid change in direction that your body undergoes and the force that is absorb by the muscles and tendons, the result is a reaction known as muscle splinting. Many people involved in automobile accidents sustain a soft tissue injury as a result of the accident. One of the most common types of injury is often referred to as whiplash. However, other injuries occur in auto accidents such as sprains, contusions, and strains. Below is the definition of each of these type of injuries.

     Whiplash— The most common occurrence of whiplash is from a forceful rear end   automobile impact. When you are involved in a collision where the vehicle is struck from the rear with great force, your neck and head move forward and back in a violent motion. The most common symptoms that we are hear from clients involved in rear and motor vehicle accidents include stiffness, neck pain, back pain, and in many instances loss of memory and concentration. Sometimes the symptoms are felt immediately following the collision. However, it is important to note that you may not feel pain at the scene of the accident and your symptoms can occur several days or a week after the accident. These type of soft tissue injuries cause pain, soreness, stiffness and swelling and sometimes even bruising. Drivers and passengers of motor vehicles involved in a serious car crashe experience pain from the violent forces involved and being thrown around the vehicle in the collision.


Sprains — a sprain occurs when a ligament is stretched or torn and these are a common injury as a result of automobile collisions. Ligaments are a strong band of connective tissue and they connect one bone to another. Our ligaments stabilize and support the joints in our body. Often the violent forces of an automobile collision cause these to be sprained or torn.

Contusions –The word bruise is the common term for what doctors usually referred to as a contusion. Contusion injuries are often caused by a force, a direct trauma, a blow, or some type of blunt impact causing the underlying muscle fibers to be crushed. A contusion is the result of fibers and connective tissues that are under the skin to break without breaking the skin. However, this type of trauma usually causes discoloration and blood pooling in the affected area which can be seen visually as a light or dark colored bruise often even red and purple in color.

Strains — people often use the term strain and sprain interchangeably but they are different injuries. Strains are injuries to the muscles and tendons of the body. As referenced, tendons are made of fiber chords of tissue and they attach our bones to our muscles. Although strains are similar to sprains, a strain occurs when your tendons are stretched or you tear a tendon or a muscle. Strains can cause cramping, muscle weakness, pain, swelling and spasms sometimes. Although a lot of these terms are used to interchangeably these injuries are different and generally result from trauma, often trauma from car accidents.  

What should you do if you sustain soft tissue injury?

The most important thing to do when you sustain a soft injury is to seek medical attention and follow the doctor‘s advice. Often doctors will recommend several methods for pain management often referred to as the RICE method or the no HARM protocol.

RICE – this is an acronym generally used to describe a treatment protocol for soft tissue injuries.  It stands for rest, ice, compression, and elevation. Often medical providers may suggest that you take a break from your activities to rest in order to let your injury heal. Unfortunately, this is not possible for many people in the busy lives that we lead. Doctors may also recommend that ice be placed on and off the affected area in 20 minute intervals, but avoiding direct contact of ice with the skin. Many commercial ice packs can be purchased or you can put ice in a plastic bag and wrap a towel around it to avoid direct contact of the ice with your skin.

HARM- A second method of treatment for soft tissue injuries often recommended by doctors to be used within the first 48 to 72 hours of sustaining injury.  The method is also recommended to help speed recovery. The HARM method stands for heat, alcohol, re-injury, and a massage. Doctors may recommend that a patient who sustains a soft tissue injury apply heat to the injured area within 48 to 72 hours after the injury. Applying heat to the area can cause blood to flow and the swelling to decrease. Doctors may also recommend avoiding alcohol following injury because alcohol can inhibit the ability to feel and if the injury is becoming more aggravated it could increase the swelling and cause the injury to get worse.  Following an accident, like rest, doctors will advise to avoid any activities that could re-aggravate the injury and cause further damage. Finally, massaging an injured area can promote blood flow and swelling and potentially cause more damage if done too early following the injury

Although these are some at home tips to deal with the pain following an automobile crash accident, if pain persists after the first 24 hours, the personal injury attorneys at the Law Offices Of Laura Payne-Hunt, Esq.  urge you to consult with a medical professional who can help diagnose and implement a treatment plan to speed your recovery. In addition, in the State of Nevada, you cannot make a claim for personal injuries if you did not obtain any medical care. Therefore, it is imperative that you seek medical attention to substantiate and prove the injuries that you sustained as a result of a motor vehicle collision.

Recovery time

Soft tissues can take anywhere from 2 to 8 weeks to heal depending on your general health, prior injury status, severity of the injury, and age.  In very severe soft tissue cases, a splint or even surgery can be recommended which can take an substantially longer time to heal. Often time’s anti-inflammatory medications will be prescribed to help but these are not suitable for all people.  Sometimes, injuries initially seem to present as soft tissue injuries and as time goes on and they do not heal. In those cases, additional medical intervention is needed to determine the extent of the injury including diagnostic studies like MRI or CAT scan. At the time of the collision, the pain that you are feeling may be soft tissue or may be more extensive injuries. That is why it is extremely important to consult with a medical professional following any personal injuries sustained in an auto accident.

If you have a question regarding soft tissue injuries and/or any questions regarding any personal injury, whether from a car accident or a slip and fall or any combination of injuries, please don’t hesitate to call The Law Offices of Laura Payne Hunt, PC, and Henderson Injury Attorneys for over 13 years. Please call our office if you or if a loved one is injured.  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 Henderson and Las Vegas Accident injury offices today. At our 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 Henderson and Las Vegas Accident injury Law Offices of Laura Payne Hunt, PC 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 Henderson and Las Vegas Accident injury Henderson 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 HAPPENS IF I HAVE AND ACCIDENT WHILE I AM ON VACATION?

BEFORE YOU GO ON VACATION, TAKE THE FOLLOWING PHOTOS WITH YOUR PHONE:

  1. Your Family health insurance cards
  2. Lists of any family allergies
  3. Your auto insurance card

DON’T LET A CAR ACCIDENT RUIN YOUR VACATION

Vacations are best for getting away from everything stressful. You can enjoy the sun and the beach or get away the snowy slopes and fireside hot chocolate, or anything that your family enjoys.  Often on vacation, you may try new adventures like jet skiing, snorkeling, snowboarding, or any other type of vacation fun. Unfortunately, we don’t often consider that accidents can happen anywhere, even on vacation.  Armed with information and a few necessities like your family health insurance cards, your auto insurance card (whether you are driving your own car or renting a car) along with shorts and sun block, can reduce stress in the event of an accident. It’s also a good idea to have the name of an experienced and trusted local attorney in your contacts.  At the Law Offices of Laura Payne Hunt, PC, we are Henderson Accident Attorneys with over 20 years of experience, 10 of those representing insurance companies.

It’s not something we want to think about when packing for a vacation.  It’s likely last thing we want to think about. However, a couple clicks of your phone and you will not have to think about it again unless it happens. It is important to know your rights and responsibilities while traveling any time, including on vacation.  One call to Henderson Accident Attorney Laura Payne Hunt can put into motion all of the steps needed to preserve your rights and claims without losing sleep on your vacation.

Summer is a great time to take a trip to more open, cooler, prettier places like the beach or the mountains, or a visit with family in old hometowns or living it up on the Las Vegas Strip. Road trips are exciting, and air travel can get us their much quicker, and renting a car can save time.

An accident is likely the last thing on your mind as you prepare for your trip, and not something you want to think about.  However, a little bit of knowledge can make a stressful situation, easier and not end a great vacation. I hope to answer the most important questions you will have if you find yourself in an accident while on vacation. Whether you are driving your own car or renting a vehicle for an out-of-town vacation, the following is a list items you will want to know to be prepared in the event of an accident:

  1. Make sure the police or on-site security is called to the scene immediately.  This will likely be your only opportunity to gather critical information.
  2. Take pictures of everything including the people themselves involved, the weather, the cars, the road, driver’s licenses, insurance cards, license plates, witness’s and their vehicles, any traffic signals or signs in place, the location of the accident, any article like a ride that caused injury, the floor in a slip and fall, all signs in the area.
  3. If anyone is injured, get medical help at a hospital or quick care and if you have your own health insurance, use it.  Provide the medical provider all of your information and make sure to obtain any records you can while you are there.
  4. Take photos immediately of any injuries sustained such as bruising and lacerations.  

TYPES OF CASES HANDLED BY HUNT LAW OFFICES

  • Swimming pool and spa drowning accidents and slip and fall accidents.
  • Injuries due to violence caused by negligent security or inadequate security.
  • Acts of crime by employees leading to injuries including sexual assaults and assault and battery.
  • Vehicle accidents involving transportation companies or rental cars.
  • Accidents on busses and/or public transportation accidents.
  • Accidents resulting from the use of personal watercraft, jet-skis, and water ski accidents.
  • Accidents involving amusement parks, theme park rides and attractions, equipment failure or maintenance accidents at theme parks.
  • Accidents involving hotel escalators and/or elevator accidents and slip and fall accidents.
  • Scuba diving and parasailing accidents resulting from faulty equipment.

Business owners, hotel owners, rental companies, and theme parks owners who cater to vacationers have a responsibility to keep their premises safe for visitors and their attractions working properly. They must provide a safe premises, and protection from dangers. Rides and rental equipment must function as intended.  Unfortunately, some vacation destinations and resorts do not pay attention to the safety measures that they are required to implement for the protection of their guests. Due to this type of negligence, an attorney is often needed to protect your rights. Laura Hunt, Esq. is dedicated to helping tourists and vacationers injured in accidents, find justice, while visiting Las Vegas and California.  To tell us about your case or concern, please email lhuntlaw@cox.net or call 702-600-0032 24 hours a day and on weekends.

ISSUES OF VACATION ACCIDENTS

Wherever your flight, drive or voyage may take you, an attorney can you help if you’re injured on your journey.  The following is important to keep in mind:

  • State Law in Different States– An attorney can Laura Hunt, Esq. can answer questions regarding laws that vary by state including traffic laws, statutes of limitations, helmet laws, floatation device laws, etc.
  • How Does Insurance work Out of State– What happens if you’re in an auto accident in a different state – or country for that matter? What state’s insurance laws do you follow? The answer is usually yes on your own policies with certain exceptions.  An experienced attorney can answer these important questions.
  • Rental Cars — With a rental, you will likely need to deal with additional paperwork. As soon as you can, you should contact the rental company and inform them of what happened. Most rental cars are equipped with a sticker in the glove box that has emergency information on it. You will usually be covered on your own auto policy and you also need to contact your own insurance company as soon as possible

WHAT ABOUT GETTING THE CAR FIXED?

To help make things easier, here is are few issues you may be faced with dealing with:

  • Your insurance may advise you to fix your car locally. An insurance company will not want to pay to have your damaged car towed to your home town. If the car is drivable, take the vehicle home for repairs.
  • The body shop may not perform quality work, so double check the work before leaving the shop. If the body shop knows you are not local, they may not give your vehicle the treatment you would receive at your local repair shop.  This is why you may want to wait for repairs until you get home. Don’t let a dent ruin a vacation.
  • You will be responsible for picking up from the shop when repairs are done. It is not likely that the insurance company will deliver your repaired vehicle back to your home town.
  • Obtain a police report. Find out from the officer where the records office is and request it as soon as you get home.  It usually takes 10-14 days for them to have the report ready anyway.
  • If repairs are necessary, find a facility with a nationwide warranty plan. If you have to have your car repaired before you can drive it home, look for a body shop that has nationwide warranty coverage. By using a body that has nationwide locations, you can avoid a problem when you get home.
  • If anyone calls you to take a recorded statement besides your own insurance company, do not provide a recorded statement to them.  Sometimes the at fault company will try to call you right away and ask slanted questions and get you to give information that you have not received yet.  They will take advantage of your stressed state.

Being in an automobile accident is never headache free and being in one while away from home and on vacation is even worse. Hopefully with this information, you will be able to avoid some of the headache that people experience and continue enjoying your getaway.  

An accident is frightening and more difficult when you are far from home. If injuries happen, it complicates your vacation and adds stress to the entire family.  If you or one of your family members is seriously injured, an attorney can take care of paper work associated with medical bills as well as all the paperwork associated a repair the vehicle.

If you or a loved one have been injured any type of accident while on vacation, an accident that was caused by the negligence of someone else, you should contact an experienced attorney about your case in addition to your insurance or rental car company.

Free Initial Legal Consultation – and We Aren’t Paid unless you collect

Hunt Law Offices has handled hundreds of auto accident, slip and fall cases, catastrophic injury cases, personal injury cases, and have recovered millions of dollars for our injured clients. Henderson Injury Accident Attorney Laura Payne Hunt’s consultation with vacation accident and resort accidents clients is free. If we take your case, we are only paid fees and costs of suit if we are successful in obtaining money for you. We advance the costs of your case, too, so there’s no cost to you of bringing your claim. To tell us about your case or concern, please email us at lhuntlaw@cox.net or call or text  702-600-0032 24 hours a day and on weekends.