Category Archives: All Articles

Why I Do What I Do

Laura Hunt:   “I often find clients come into my office and we sit down for a consultation to discuss their case, they are stressed.  They frequently tell me that no one else has explained or listened to them as clearly as I have. I take great pride and find great satisfaction in listening to and caring about the clients that come to my office.  Something clients often say to me is “I don’t want to bother you.” My reply is always you are not bothering me; I work for you and if you have a question, never hesitate to call or text me. I am always available for my clients.”

When I graduated from law school in Oklahoma in 1992 I knew I wanted to help people. I thought about becoming a public defender but after two years in the criminal system I decided that criminal law was not for me.  Being a criminal defense attorney was exciting and I gained the valuable experience of arguing before the Ninth Circuit Court of Appeals regarding federal sentencing guidelines. I also became knowledgeable in criminal law.  However, I determined that I did not want a career as a criminal defense attorney, but I wanted to help people. I also knew that as a rookie lawyer, I needed to hone my skills and become a seasoned litigator before I could benefit people who have been wronged by large corporations and insurance companies.  So I went to work for a large insurance company and worked there for over nine years. During my time working for the insurance company, I was able to gain the experience, knowledge and capacity to not only try cases but understand how the insurance companies look at, review and determine the value of cases. I trained insurance adjusters in the law and how to deal with attorneys.  As a result of that extensive experience, I was able to enter private practice as an attorney representing injured clients and their families with an insight into the business that few other attorneys have. 

After graduating from high school in Las Vegas with distinction for academics, track and cheerleading, I enrolled at UNLV as journalism major.   I worked at the school newspaper as well as school radio station. I always enjoyed meeting new people to interview for the paper and on the radio and hearing their story.    Having a personal connection with people as an attorney and counselor at law was important to me. It was what drew me to the law, that personal connection to people and the ability to help them.  I graduated from UNLV with a Bachelor of Arts degree when I was 20 years old. I immediately enrolled in law school and graduated Magna Cum Laude from Oklahoma City University. I loved my time in the south and enjoyed Oklahoma immensely.  But Las Vegas is my town; it’s where I grew up. It is where my family and friends live, as well. I am as passionate about our community as I am 

my clients.  I am supportive of kid’s sports leagues and volunteer with my sons frequently in community outreach charities.

Those early experiences performing as a cheerleader, interviewing amazing people for the newspaper, and broadcasting live on the radio prepared me to be a public speaker and be comfortable in a court room.  I have never been shy or one to back down from controversy. I have admired many strong women over the years like Venus and Serena Williams for their grace, beauty and strength on the court and intelligent demeanor off the court. I have also admired women who’ve been pioneers in their fields like Eleanor Roosevelt and Amelia Earhart. So many amazing women have paved the way like, Coco Chanel who came from a humble background and used her amazing talents to build a legacy. 

When I’m not working or attending the baseball games of my three sons, I love yoga, skiing and riding ATV’s on the trails of the beautiful mountain ranges all around our area.

I am licensed to practice law in all courts in the state of Nevada and the Ninth Circuit Court of appeals. I am also admitted to practice in Texas and California.  I am a member of the American Trial Lawyers Association, the Clark County Bar Association, and the Southern Nevada Women’s Bar Association. I have been voted one the Top 100 Trial lawyers for the last three years. 

If you have a question about  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. 

Las Vegas POOL SAFETY FOR SUMMER FUN

TOP TIPS FOR POOL SAFEY

  1. Assign someone as lifeguard to closely watch the pool at all times during a gathering
  2. Stay in arm’s reach of young children who are not good swimmers
  3.  Secure your pool with appropriate fencing
  4. Install anti-entrapment drain covers and safety release systems to protect against drain entrapment.
  5. Beware of black bottom pools because you cannot see a person on the bottom of the pool

In Las Vegas in the heat of the summer, a favorite activity is to take to the water. When considering water safety, there are different types of water to consider. There are home swimming pools, public swimming pools and open water safety. Whether it is a trip to the lake, the community pool or the pool in your own backyard, these tips will help keep you and your family safe this summer season.

It is important to make sure your child learns these Seven water survival skills as soon as they are ready:

1) Children should learn how to float or tread water for at least one minute

2) Children should know how to swim in a full circle to find the exit

3) Children should be able to swim at least 25 yards to exit the water

4) Children should know how to jump or step into water that is over their head and pull themselves to the surface

5) Although it may seem obvious, Children need to learn how to exit the water. Whether it is finding a ladder on the pool or learning how to pull themselves from the side of the pool

6) it is extremely important to teach children about swimming in open water because it is not the same as swimming in the pool. We need understand current weather and the oceans undertow. Children should always stay close to shore and near an adult within reaching distance. Children can be sucked under the water in a current very easily. Always always always always make sure any child in open water is wearing a life jacket; there should be no exception to this rule

7) Finally it is important that adults who are frequently around children in water learn basic water rescue skills and CPR to help save a child’s life.

Sadly, statistical data shows that drowning is the leading cause of death for children 1 to 4 years old. Children 1-4 years of age are most likely to drown in a swimming pool. Children five years and older are more likely to drown in natural water such as a lake or reservoir.  The risk of drowning in open water like the ocean increases with age. For example, the average 10-year-old is three times more likely to drown in open water than in a backyard pool. At the Law Offices of Laura Payne-Hunt, we urge you to closely watch children when they are in or around water without being distracted. It is important to keep young children at arm’s reach of an adult and make sure older children swim with a partner every time. No one should be swimming alone.

These tragic accidents are more common than you may expect.  In fact, recent headlines have sadly shown that when safety is not first, tragedy can occur quickly.  The recent tragic death of popular country music singer’s Granger Smith’s 3-year-old son, River in a drowning accident illustrates that this sad tragedy can occur anywhere to anyone.  Olympic skier Bode Miller and his wife, Morgan Beck Miller lost their 19-month-old daughter in a home pool accident just last year. 

It is extremely important to teach young children to swim. Every child is different, however, it is imperative to enroll them in swimming lessons as soon as they are ready. It is important to consider their age, their state of development and especially how frequently they are around water when deciding when young children are ready for swimming lessons. If you have a backyard pool, children should be taught to swim at the infant stage. Babies can actually be taught how to float and there are classes for infant swimming at the Henderson Parks and Recreation Centers.  Swimming lessons will teach children valuable skills for preventing water accidents.

If you have a question about pool safety, pool accidents 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. 

LAS VEGAS AND HENDERSON EVENTS FOR THE FOURTH OF JULY

Join the City of Henderon’s Fourth of July Celebration on Thursday, July 4, 2019, form 6:00 pm to 9:00pm at 350 E. Racetrack Road.  Parking and Admission are Free.

https://www.cityofhenderson.com/henderson-happenings/events/special-events/fourth-of-july-celebration

CALENDAR OF EVENTS FOR THE FOURTH OF JULY

For our Nations 242 birthday, there are many options for residents of Clark County, including Las Vegas and Henderson, to celebrate.  The following are a list of events:

WEDNESDAY, JULY 4

Boulder City Damboree

The event heads into its 70th annual celebration Wednesday morning with a Rotary Pancake Breakfast at Bicentennial Park at 7 a.m. on 1100 Colorado Street. A parade is scheduled to start at 9 a.m. and will travel down Nevada Highway to Fifth Street, ending at Broadbent Memorial Park.

Broadbent Memorial Park hosts their own Damboree ceremonies, including entertainment, games, and contests from 10 a.m. to 4 p.m. Games, food, music, and fireworks were scheduled from 4 to 11 p.m. at Veterans Memorial Park. Fireworks start at 9 p.m. Admission is free.

Fireworks at Mandalay Bay

The reggae-fusion group Mystic Roots Band performs at Mandalay Bay on Wednesday night at 9 p.m. The show features a live fireworks show. Tickets are priced at $20.

Fireworks at Station Casinos

Station Casinos features their “July 4th Fireworks Blast,” a nine-minute fireworks show that begins at 9 p.m. Fireworks will be launched from three Station Casino properties: Green Valley Ranch Resort, Red Rock Resort and a shared location between Fiesta Rancho and Texas Station in North Las Vegas.

Fiesta Rancho and Texas Station also host a block party that features food vendors, entertainment, a Kids Fun Zone and shopping from 4 to 11 p.m. Admission is free.

Fireworks at Stratosphere

The “Red, White & Boom!” fireworks display begins at 9:15 p.m. Wednesday night. Doors open at 8 p.m. for a viewing party at Elation rooftop pool. During the day, tower admission is free for locals from 10 a.m. to 6 p.m., and Crafted Buffet offers locals a buy one, get one admission.

City of Henderson Independence Day celebration

The City of Henderson hosts their Fourth of July celebrations at Heritage Park on 350 East Racetrack Road on Wednesday from 6 to 9 p.m. The event features food vendors, games and various activities. Fireworks are scheduled to launch at 9 p.m.

Sundance Helicopter fireworks viewing

Sundance Helicopters offers two flight plans for an aerial view of the city’s various firework launches. An exclusive picnic option is also available for guests to land atop a secluded scenic overlook of the Las Vegas skyline. Guests have the option of choosing either the Fourth of July Aerial plan or the Fourth of July Twilight Picnic plan.

Pahrump Firework Show

Pahrump’s Fourth of July Fireworks Spectacular starts at 9 p.m. Wednesday at Petrack Park on Highway 160 and Basin Avenue. Admission is free. As the longest fireworks display in southern Nevada, guests are encouraged to bring a blanket or a lawn chair to watch the show.

Star Spangled Spectacular

The Las Vegas Philharmonic celebrates its 20th anniversary with an outdoor concert, fireworks, food and more. Gates open at 5 p.m. Wednesday at TPC Summerlin on 1700 Village Center Circle. Tickets are $10 or $25 for a family four-pack. Reserved lawn chair seating is $125 and VIP admission is $250.

Summerlin Council Patriotic Parade

The 24th annual Fourth of July parade features floats, balloons, bands and more. Parade-goers experience the debut of a new float in this year’s lineup, the “Vegas Golden Knights: Vegas Born, Vegas Strong.” The escort and dignitary parade begins at 8:30 a.m. with the parade starting at 9 a.m.

The parade starts at Hillpointe Road and Hills Center Drive in The Trails village and travels south toward Village Center Circle before heading west on Trailwood Drive and ending near the corner of Trailwood Drive and Spring Gate Lane.

and more. Gates open at 5 p.m. Wednesday at TPC Summerlin on 1700 Village Center Circle.

Tickets are $10 or $25 for a family four-pack. Reserved lawn chair seating is $125 and VIP admission is $250.

Summerlin Council Patriotic Parade

The 24th annual Fourth of July parade features floats, balloons, bands and more. Parade-goers experience the debut of a new float in this year’s lineup, the “Vegas Golden Knights: Vegas Born, Vegas Strong.” The escort and dignitary parade begins at 8:30 a.m. with the parade starting at 9 a.m.

The parade starts at Hillpointe Road and Hills Center Drive in The Trails village and travels south toward Village Center Circle before heading west on Trailwood Drive and ending near the corner of Trailwood Drive and Spring Gate Lane.

Independence Day at The Linq

If you are one of many that enjoy a barbeque at home or a block party with fireworks, it is important to know our local rules regarding fireworks in Las Vegas and Henderson:

City Of Henderson and Clark County Fireworks Laws 

Legal Use of Fireworks in the City of Henderson and Clark County

Only fireworks labeled as “Safe and Sane” are legal for use on private property for one week of the year, from June 28 until 11:59 p.m. on July 4. Safe and Sane fireworks can only be used on private property and cannot be used on the street or sidewalk, or on public property such as parks, schools, or federal land.

Safe and Sane fireworks  should only be used by adults and should be kept away from children. Safe and Sane fireworks can cause serious injury or death to adults and children and can cause fires.  At the Law Offices of Laura Hunt, we urge you and your family exercise extreme caution when using Safe and Sane fireworks. 

What are Illegal Fireworks In the City of Henderson and Clark County

Fireworks that shoot  through the air, explode, or rotate on the ground are illegal throughout Clark County, including the City of Henderson. They have been declared to be unsafe because the fireworks user does not have control over where they land, which can potentially cause a fire. Illegal fireworks are usually sold outside Clark County and including on  the Indian Reservation. Those fireworks purchased on the Indian Reservation are expected to be used on the Reservation at a special designated area and should not be transported off the property. If you bring illegal fireworks brought into Clark County or the City of Henderson, they can be confiscated, and a person possessing or using them can be ticketed. The penalty is a $1,000 fine and/or a maximum of six months in jail.  Private use of fireworks of any kind is not allowed on public property, such as those owned by the Bureau of Land Management, US Forest Service, Lake Mead Recreational Area, or City of Henderson parks, trail facilities, streets or sidewalks. The use of fireworks on public property can result in a fine of up to $10,000 and a year in jail as well as the costs associated with resource damage, suppression costs, and injuries. Safe and Sane fireworks are illegal at any time of year other than the week of  June 28 until July 4 at 11:59 p.m.. on July 4. http://www.cityofhenderson.com/fire/community-programs/fireworks-safety

If you have a question about an injury over the holiday 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.

DID YOU KNOW YOUR INSURANCE COMPANY MUST OFFER YOU COVERAGE FOR YOUR MEDICAL BILLS?

Three Things your insurance company is required to do:

  1. Offer you UIM/UM benefits equal to your liability coverage;
  2. Offer you  medical payments coverage in the amount of $1,000.00;
  3. Obtain your written rejections if you do not purchase these coverages.

Auto insurance is complex and multi-faceted. There are a number of coverages that make up what people call their auto insurance. Throughout my  blogs, I have focused on different areas of insurance law. This blog will focus on what is known as the “higher offer rule” in Nevada. This rule requires auto insurance companies to offer you underinsured motorist coverage in the same limits and amounts as your comprehensive collision coverage.  It also requires insurance companies to offer $1,000.00 in medical payments coverage to you for your medical bills.

As of July 1, 2018, the minimum motor vehicle liability coverage for Nevada increased to $25,000 in bodily injury per person and $50,000.00 per accident and $20,000 in property damage per accident. This is commonly cited as 25/50/20. It is highly recommended by the Law Offices of Laura Payne Hunt to purchase limits greater than that if you are able to. This insurance is called liability insurance and protects you if you are liable for an accident against damage to other people. However, you also have the option of purchasing UIM coverage which covers your own injuries in the event that the other driver does not have enough insurance or has no insurance at all. 

http://doi.nv.gov/Consumers/Automobile-Insurance/

The law is very clear and specific regarding this issue in the state of Nevada.  The legislature enacted the following statute to allow consumers to understand their options when it comes to purchasing auto insurance in Nevada: 

NRS 687B.145  Provisions in policies of casualty insurance: Proration of recovery or benefits; uninsured and underinsured motorist coverage; coverage for medical expenses; insurer not entitled to subrogation upon payment made because of underinsured vehicle coverage.

. . . 

2.  Except as otherwise provided in subsection 5, insurance companies transacting motor vehicle insurance in this State must offer, on a form approved by the Commissioner, uninsured and underinsured vehicle coverage in an amount equal to the limits of coverage for bodily injury sold to an insured under a policy of insurance covering the use of a passenger car. The insurer is not required to reoffer the coverage to the insured in any replacement, reinstatement, substitute or amended policy, but the insured may purchase the coverage by requesting it in writing from the insurer. Each renewal must include a copy of the form offering such coverage. Uninsured and underinsured vehicle coverage must include a provision which enables the insured to recover up to the limits of the insured’s own coverage any amount of damages for bodily injury from the insured’s insurer which the insured is legally entitled to recover from the owner or operator of the other vehicle to the extent that those damages exceed the limits of the coverage for bodily injury carried by that owner or operator. If an insured suffers actual damages subject to the limitation of liability provided pursuant to NRS 41.035, underinsured vehicle coverage must include a provision which enables the insured to recover up to the limits of the insured’s own coverage any amount of damages for bodily injury from the insured’s insurer for the actual damages suffered by the insured that exceed that limitation of liability.

3.  An insurance company transacting motor vehicle insurance in this State must offer an insured under a policy covering the use of a passenger car, the option of purchasing coverage in an amount of at least $1,000 for the payment of reasonable and necessary medical expenses resulting from a crash. The offer must be made on a form approved by the Commissioner. The insurer is not required to reoffer the coverage to the insured in any replacement, reinstatement, substitute or amended policy, but the insured may purchase the coverage by requesting it in writing from the insurer. Each renewal must include a copy of the form offering such coverage.

       . . . 

This statute requires an auto insurer to give their customer notice on an approved form that they can purchase medical payments coverage and underinsured motorist benefits. It is important to point out that they are required to offer you $1000.00 in medical payments coverage but you can purchase much higher limits than that.  At the personal injury Law Offices of Laura Payne-Hunt, we highly advise our clients to purchase a minimum of $5,000.00 in medical payments coverage. 

The statute mandates the insurance company  offer IUIM/UM coverage to an insured person in the amount equal to the limits of their liability bodily injury coverage.  This means that if you purchase liability limits in the amount of 100/300, they insurance company must offer you UIM/UM coverage in the amount of 100/300.  The insurance company has the duty to prove that they made this offer at the time insurance was purchased and to maintain the appropriate forms. The insurance company is also required to use language understandable  to the layman in these forms. 

 In Nevada, all carriers generally use the same form because it needs to be approved by the Nevada Department of insurance.  After the policy is purchased, although the insurance company is not required to re-offer the coverage at the time of renewal, “Each renewal must include a copy of the form offering these coverages.“.   It is important to review your insurance policies regularly to make sure that the coverage that you have is the best needed for your family. If you have any questions regarding any insurance policies or coverages,  please don’t please feel free to call the personal injury Offices Of Laura Payne-Hunt. We have been practicing in insurance more for over 20 years and can answer any questions that you have regarding your auto insurance policies and coverages.

Although insurance companies do not like to publish their rates, the chart below, from Insure.com identified the average annual UM coverage rate of the 20 most popular cars in seven states using available rates from eight national insurance carriers.   This cost can vary based on your vehicles, other policies, age of drivers, and a number of other underwriting factors.  However, this chart gives a general idea of cost of obtaining UIM/UM insurance.  

State Average price of UM coverage
California$105
Florida$267
Massachusetts$18
Maine$23
Ohio$46
Texas$110
Oregon$49

As you can see, the difference between Massachusetts and Florida is significant.  The cost of UIM/UM coverage can vary dramatically by location. This is because Massachusetts has the lowest percentage of uninsured motorists in the country at around 4 percent.  However, Florida has the second-worst, ranking with 24 percent of their drivers uninsured. Insurance companies rates differ state to state based upon numerous factors. In order to get the best rate for your family, comparing companies is critical. Do your research.   There are numerous websites that can help you check and compare rates of different insurance companies. I highly recommend that you only go with a larger carrier. At the personal injury Law Offices of Laura Payne-Hunt, Esq., I tell my clients, “if you have not seen a commercial for the company, don’t buy insurance from them”!

If you have a question regarding UIM/UM coverage 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. 

SAFETY TIPS TO AVOID INJURY AND HAVE A HAPPY FOURTH OF JULY CELEBRATION

City of Henderson Fourth of July Celebration will be Thursday July 4, 2019, from 6:00pm to 9:00pm at Heritage Park at 350 E. Racetrack Road.  Admission and Parking are Free

At the Law Offices of Laura Payne Hunt, we urge all of our fellow city of Henderson and Las Vegas community members to prevent injuries and have a safe and happy Fourth of July. https://www.cityofhenderson.com/henderson-happenings/events/special-events/fourth-of-july-celebration 

The following safety tips can reduce the risk of injuries:

  • Always follow the directions on the fireworks package very carefully;
  • Be sure not to set off fireworks near fire hazards such as tall grass, dry leaves, and other dry debris.
  • Do not try to re-ignite used or malfunctioning fireworks.
  • Keep a bucket of water nearby for emergency purposes, and soak any used or misfired fireworks before discarding to prevent fires or accidental ignitions.
  • Never allow children use fireworks without adult supervision. Even simple fireworks like sparklers have been known to cause injury
  • Never alter or modify or experiment with homemade fireworks.

WHAT TO DO IF SOMEONE IS INJURED BY A FIREWORK

Fireworks injuries can be catastrophic and an attorney should be contacted immediately.  If injury occurs, it is important to immediately take the following steps:

  1. Immediately take as many photos as possible of the scene, the debris, and  the injury. 
  2. Take the name, address and phone number of every person present who witnessed the accident. 
  3.  Most importantly, keep all remnants of the firework including the packaging and the receipt if available. If not, find out where it was purchased and when.

In  July 2017, (the last stats available as of this writing)  eight people lost their lives in fireworks mishaps  and a staggering 12,900 sought care for injuries at hospital emergency rooms.  Children under 15 years of age accounted for about 36 percent of the injuries, and males of all ages were involved in 70 percent of injury accidents involving fireworks.  The most common injuries from fireworks are burns to fingers, hands and arms. 

Sadly, the deaths included a four-year old Wisconsin girl who was killed by shrapnel when a metal tube filled with sparklers exploded after being set off by her father in their yard.  I can’t imagine the grief of that family. At the Law Offices of Laura Payne Hunt, Esq. we urge you to use extreme caution with fireworks and make sure all children are at a safe distance.  Last year an11-year-old boy was left home alone in Kansas and died from playing with fireworks when one exploded and lodged in his neck.

WHAT TYPE OF FIREWORKS CAUSE THE MOST INJURIES

Of all of the different kind of fireworks, sparklers caused approximately 14 percent of the estimated injuries during the July Fourth period last year.  This is most likely do to the fact that children are the most frequent users of sparklers. Reloadable shells were involved in 12 percent of the estimated injuries; and firecrackers were associated with 10 percent. Bottle rockets and homemade/altered devices were involved in three percent of the injuries each.

If you are injured by Fireworks, Know your Legal Rights

Whether a spectator at a fireworks show gone wrong or the user of a malfunctioning firework, victims may be able to recover damages for their injuries. Depending on the circumstances of the firework injury, a number of legal theories may apply. It is important to contact an attorney immediately if you have been injured by fireworks.   

If you are injured as a spectator, you may be able to hold the person or company setting off the fireworks liable through negligence.  This may include the organizers of the shows such as cities or hotels that may be liable for failing to properly supervise the activity. Although a city’s liability may be limited by state law, entities hiring fireworks companies still have a duty to protect attendee’s from injuries. Cities and hotels and other show organizers can be negligent in fulfilling their duty to supervise and open the door to liability if they are negligence.

         When fireworks malfunction and cause injury, the injured person may be able to recover substantial damages from the manufacturer, the importer of foreign-made fireworks, or the local retail seller. All of these entities have a duty to sell products that function properly.  Under the theory of products liability, they may be liable for any injuries caused by a defective firework. http://injury.findlaw.com/product-liability/fireworks-injuries.html.  Over the past decade, thousands of people in the United States have been injured by fireworks.

Who Is Liable to Pay for Your Medical Bills

Injuries from fireworks can be serious and the medical bills to treat such injuries can be substantial.  Homeowners’ insurance protection liability coverage is often available, but is it extremely important to contact an attorney first to discuss the facts of your case and determine if coverage applies.  If you or a loved one is injured in a firework accident, do not give any statements until you speak with an attorney. Criminal laws and contractual provisions apply in every instance. Liability coverage under a homeowner’s policy can cover the medical expenses, pain and suffering  and property damages. This means that if someone other than you or a family member sustains an injury in your home or on your property, your insurance policy may pay for their medical expenses. Health insurance will cover any injuries you or a family member may have sustained in a firework accident and should be used first.

Your homeowner’s insurance policy may also protect you in the event you are sued for an accident involving fireworks you are lighting which causes injury to a guest or passerby.  For a covered loss, your homeowner’s policy will pay the cost of litigation including attorney’s fees and a judgment, should the person suing you succeed in getting the lawsuit to court. The Insurance Information Institute (III) has found that the typical homeowner’s insurance policy has a liability limit of $100,000. I would advise you to check your policy to make sure you have enough coverage if you typically put on a large fireworks display.  


            However, if  your state or county has made firework shows illegal in your jurisdiction, and you put on a private show in spite of the law, your insurance company may not be responsible to pay for any damages that you may incur as a result of a firework caused fire or injury. It is important to review your policy for an “illegal acts” exclusion. Because the use of certain fireworks was illegal, you should not have been using them.  Unlike the coverage on your home, the law of negligence would apply to your guests and they would be covered by your policy for your gross negligence in setting off illegal fireworks. 

 At the personal injury Law Offices Of Laura Payne Hunt in Henderson, Nevada we urge you to use extreme caution to avoid injury with fireworks. By following the safety tips listed above we hope that you and your family have a safe and happy holiday. A few extra steps can avert a catastrophic injury. Most of the injuries listed above occurred by the failure of someone to take reasonable steps around children with fireworks. It is extremely important that the dangers of fireworks are recognized and that adults supervise children and use extreme caution for their own safety when handling fireworks. It can be a fun and joyous holiday if a little extra time and caution are used in handling fireworks.

If you have a question about an injury over the holiday 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.