Category Archives: Children Accidents

Current Nevada Car Seat Requirements

As of 2021, Nevada car seat law requires that the driver secure any child in a car seat when the child is under 60 pounds and under the age of six years old. In Nevada, children must have a car seat that is appropriate for their size. In addition, the car seat must be properly secured to the vehicle and installed properly. If you have any questions or concerns about whether your car seat is properly installed, any fire station in Las Vegas or Henderson will help you make sure the car seat is properly installed if you stop by. Once a child reaches the age of six years old or weighs 60 pounds, this rule no longer applies. The Silver State imposes penalties of a fine or community service for the first-time violation of non-use of a car seat against the driver. If you receive such a citation, you also have the option to undergo training and inspection of the car seat being installed to waive or reduce the amount of the penalty.

The use of car seats has saved countless children over the recent decades. The rate of motor vehicle crash deaths per million children younger than 13 is less than a quarter of it what it was in 1975. In fact, the rate at which children are killed as passengers in motor vehicle accident has decreased 60% since 1975. Additionally, the rate at which children are killed as pedestrians and bicyclists is less than 1/10 of the 1975 rates. Our children are much safer now than when their parents were children. The use of seatbelts, car seats, airbags, bicycle helmets, and driver awareness has greatly protected our children over the past several decades. It is important to continue to bring these numbers down and to use all possible safety systems to protect our children from serious and even fatal injuries and accidents. Although it is governed by law, it is our most sacred duty to protect the children in our community. The use of proper restraints can save our children. In 2018, 193 children that were unrestrained or improperly restrained were killed in car accidents. Therefore, it is important that child safety restraints are properly installed and used at all times when children are riding as passengers. There should never be a moment where we are “just going to the store”, or “just running down the street”, where they are not used. https://www.iihs.org/topics/child-safety

The Difference Between A Booster Seat and A Car Seat

We have all seen the full car seat where the child has a five-point harness and then the smaller booster seat where it is really just like a child almost sitting on a stack of books. Although it is not required, the Nevada Department of Motor Vehicles still recommends the use of a booster seat until a child is at least eight years old or 80 pounds. A standard seatbelt fits properly once the child reached 80 pounds and they will be protected while in the vehicle with a seat belt at that time. Small children are not secured properly with the use of only a seatbelt due to their size. Some smaller children may require a booster seat up until the age of 12. Protecting our children is our most important and sacred duty as adults and it is important that we provide them every opportunity to remain safe in the event of an automobile collision.

Taxi Cabs in Las Vegas

Surprisingly, a car seat is not required to ride in a taxi cabs in Las Vegas. Nevada revise statute 484B. (7)(a) says that Nevada’s seatbelt laws do not apply to top public transportation. Such public transportation includes taxis, Ubers, Lyfts and buses. Therefore, it is a better idea not to use public transportation unless necessary with a child, or to bring a booster seat for your child’s safety even though it is not required by the law.

When Can Children Legally Ride in the Front Seat

In Nevada there is no law on the books that prevents a child from being in the front seat of a vehicle at any particular age. However, the Nevada Department of Motor Vehicles suggests that children should ride in the backseat until they are 12 years of age. They refer to the use of car seats and booster seats which are more safely used in the backseat of the vehicle. But, under Nevada law, the driver can determine when it is safe for a child to sit in the front seat. Car seat laws still apply in that a child that if the child is six years of age or below or under 60 pounds, he or she needs to be in a car seat whether in the front or in the back.

Penalties for Non-Use of Car Seats.

In Nevada fines can range from $100 to up to $1000 for the driver’s failure to secure a child into a car seat. The first offense for failure to use a car seat is a fine of $100-$500 or 10 to 50 hours of community service. If it is a second offense the penalty can be from $500 to $1000. For first offenders of failure to use a car seat, a driver has the chance to complete a class regarding child seat education and safety and have their car seat inspected. If they bring such documentation of completion of the class and car seat inspection to the court, they can have the fine reduced. However, if you should be negligent enough to have a third offense of getting pulled over by a police officer and failing to have your child or a child in your vehicle secured in a car seat who is six years of age and below or 60 pounds or less, you could have your driver’s license suspended from 30 to 180 days. Protecting our children is a serious matter that should be taken seriously by all drivers and all those charged with the care of children. It is always a very difficult case for us to see children that have been injured. Their best chance at preventing catastrophic and even fatal injuries is to be well protected in a car seat. At TheOnelawyer.com, we have handled many accidents involving children over the years. Children that have been secured in the proper child restraint seat have generally suffered little to no injury in accidents where other passengers have sustained more serious injuries. We urge you to protect your children and use proper booster and car seats for all children who ride in your vehicle.

Limited Exemptions

Nevada car seat laws do provide some exemptions to the requirement. This generally applies to children in wheelchairs who have a different form of restraint in the vehicle for the wheel char. A child may be exempted from the requirement if use of a car seat creates danger to child. However, to fall under this exemption, the driver must carry a signed statement from a doctor stating the child is exempt at all times to present to the officer.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients. At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law. If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years. Laura is recognized as one of Nevada’s Top 100 Lawyers. She has the experience and knowledge to obtain the maximum settlement you deserve. Please call our office if you or 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.

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 have reviewed thousands of auto accident claims and policy provisions.

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff 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 offices. TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, 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.

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

COMMOM ACTIVITY WAIVERS

Bounce Houses
Skiing
Trampoline Parks
Go Carts

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

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

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

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

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

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

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

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

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

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

Top 5 Things to Consider When Hiring a Personal Injury Attorney

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

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

Knowledge of the Law — INSURANCE COMPANIES ARE NEVER ON YOUR SIDE! This personal injury lawyer knows this firsthand because he spent years working as defense counsel for one of the leading insurance companies in the nation. Laura knows what it takes to win. She uses the insight, knowledge and expertise she acquired while helping THEM save millions to now help YOU recover the maximum personal injury compensation you deserve. Remember this, the only way of getting compensation is by working with the best personal injury attorneys.

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

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

ABOUT LAURA

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

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

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

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

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

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

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

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

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

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

423HURT injury attorneys are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our offices. The Law Offices of Laura Payne Hunt is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims. Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

SCHOOL ZONE REGULATIONS AND RULES FOR VEHICLES

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

MOST IMPORTANT RULES IN A SCHOOL ZONE:

Stop immediately for the crossing guard;

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

roadway that is non-divided traveling the opposite direction;

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

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

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

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

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

OBEY THE CROSSING GUARD

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

1. The driver of a vehicle:

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

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

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

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

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

NEVER PASS A STOPPED SCHOOL BUS WHILE THE SIGNS ARE OUT

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

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

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

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

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

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

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

BUS DRIVERS ARE ALLOWED TO REPORT VIOLATORS

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

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

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

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

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

MAXIMUM SPEED OF A SCHOOL BUS

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

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

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

SCHOOL ZONE SPEED RULES

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

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

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

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

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

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

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

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

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

(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;

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

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

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

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

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

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

SCHOOL ZONE SIGNS ARE UNIFORM IN ALL SCHOOL ZONES

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

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

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

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

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

My child was a passenger in someone else’s car in an accident what do I do?

Take your child for medical attention immediately to determine injuries
Obtain a copy of the police report
Obtain a copy of the drivers insurance in with your child was a passenger
Watch your child closely for any changes or signs of continuing injury and obtain the appropriate medical care.

If your child is involved in an auto accident while traveling with friends or family, your child is considered a fault free passenger and is covered by the at fault driver‘s policy. Your child is also covered by underinsured motorist coverage if available in the passenger car that he or she was in. Uninsured coverage and Underinsured coverage (referred to as UM/UIM) is coverage that covers you if the other driver is not insured or is underinsured. You should always carry UM/UIM coverage.

If your child is severely injured, your child would also be covered under your auto insurance coverage on your UM/UIM policy. Therefore, there could be three or more auto insurance policies that could cover your child as a fault free passenger if he or she is injured in an automobile accident.

When you take your child for medical attention, if available, provide your child’s health insurance information to the provider. If your child does not have medical insurance, contact a personal injury attorney immediately to assist you with medical care for your child without being sent to collections for unpaid medical bills. When your child has concluded medical care, The Law Offices of Laura Hunt can negotiate a fair settlement for your child and handle the minor’s compromise of the claim. Nevada has a mandatory procedure to follow when settling a minor’s claim. This law can be found at N.R.S. 41.200 and states as follows:

NRS 41.200 Compromise by parent or guardian of claim by minor against third person; requirements of court petition; establishment of blocked financial investment for proceeds of compromise; no fees to be charged in proceedings.

1. If an unemancipated minor has a disputed claim for money against a third person, either parent, or if the parents of the minor are living separate and apart, then the custodial parent, or if no custody award has been made, the parent with whom the minor is living, or if a general guardian or guardian of the estate of the minor has been appointed, then that guardian, has the right to compromise the claim. Such a compromise is not effective until it is approved by the district court of the county where the minor resides, or if the minor is not a resident of the State of Nevada, then by the district court of the county where the claim was incurred, upon a verified petition in writing, regularly filed with the court.

2. The petition must set forth:

(a) The name, age and residence of the minor;

(b) The facts which bring the minor within the purview of this section, including:

(1) The circumstances which make it a disputed claim for money;

(2) The name of the third person against whom the claim is made; and

(3) If the claim is the result of an accident or motor vehicle crash, the date, place and facts of the accident or motor vehicle crash;

(c) The names and residence of the parents or the legal guardian of the minor;

(d) The name and residence of the person or persons having physical custody or control of the minor;

(e) The name and residence of the petitioner and the relationship of the petitioner to the minor;

(f) The total amount of the proceeds of the proposed compromise and the apportionment of those proceeds, including the amount to be used for:

(1) Attorney’s fees and whether the attorney’s fees are fixed or contingent fees, and if the attorney’s fees are contingent fees the percentage of the proceeds to be paid as attorney’s fees;

(2) Medical expenses; and

(3) Other expenses,

Ê and whether these fees and expenses are to be deducted before or after the calculation of any contingency fee;

(g) Whether the petitioner believes the acceptance of this compromise is in the best interest of the minor; and

(h) That the petitioner has been advised and understands that acceptance of the compromise will bar the minor from seeking further relief from the third person offering the compromise.

3. If the claim involves a personal injury suffered by the minor, the petitioner must submit all relevant medical and health care records to the court at the compromise hearing. The records must include documentation of:

(a) The injury, prognosis, treatment and progress of recovery of the minor; and

(b) The amount of medical expenses incurred to date, the nature and amount of medical expenses which have been paid and by whom, any amount owing for medical expenses and an estimate of the amount of medical expenses which may be incurred in the future.

4. If the court approves the compromise of the claim of the minor, the court must direct the money to be paid to the father, mother or guardian of the minor, with or without the filing of any bond, or it must require a general guardian or guardian ad litem to be appointed and the money to be paid to the guardian or guardian ad litem, with or without a bond, as the court, in its discretion, deems to be in the best interests of the minor.

5. Upon receiving the proceeds of the compromise, the parent or guardian to whom the proceeds of the compromise are ordered to be paid, shall establish a blocked financial investment for the benefit of the minor with the proceeds of the compromise. Money may be obtained from the blocked financial investment only pursuant to subsection 6. Within 30 days after receiving the proceeds of the compromise, the parent or guardian shall file with the court proof that the blocked financial investment has been established. If the balance of the investment is more than $10,000, the parent, guardian or person in charge of managing the investment shall annually file with the court a verified report detailing the activities of the investment during the previous 12 months. If the balance of the investment is $10,000 or less, the court may order the parent, guardian or person in charge of managing the investment to file such periodic verified reports as the court deems appropriate. The court may hold a hearing on a verified report only if it deems a hearing necessary to receive an explanation of the activities of the investment.

6. The beneficiary of a block financial investment may obtain control of or money from the investment:

(a) By an order of the court which held the compromise hearing; or

(b) By certification of the court which held the compromise hearing that the beneficiary has reached the age of 18 years, at which time control of the investment must be transferred to the beneficiary or the investment must be closed and the money distributed to the beneficiary.

7. The clerk of the district court shall not charge any fee for filing a petition for leave to compromise or for placing the petition upon the calendar to be heard by the court.

8. As used in this section, the term “blocked financial investment” means a savings account established in a depository institution in this state, a certificate of deposit, a United States savings bond, a fixed or variable annuity contract, or another reliable investment that is approved by the court.

It sets out the procedure that must be followed when settling a minor’s claim. Under this statute, the parent or guardian of the child must file a minor’s compromise to allow the court to approve and review the settlement. After the court approves the agreed upon settlement, the parent or guardian must place the funds in a “blocked financial investment for the benefit of the minor until the minor is 18 years old and can access the funds.

By contacting a lawyer immediately, your child can receive the necessary medical care without the worry of medical bill being sent to collections. At my office, we are happy to handle the health insurance company’s subrogation claim for you. Having worked for the insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of medical claims involving children. With extensive experience in the insurance field, I can help you review the coverages to maximize the money your child receives.

Is Saying I’m Sorry an Admission of Guilt?

Imagine this. You’re driving along on Eastern, trying to get to your favorite donut shop. The tunes are playing loudly on the radio and you’re not paying much attention to the road as you sing along. The light ahead of you turns red and the cars stop, but you miss it. You slam on the brakes, unexpectedly. Suddenly, your rear fender finds itself lodged in the front fender of the car behind you. Horrified, you call the police and your personal injury lawyer. Then, you get out of your car and apologize profusely. After all, your mom raised you to be polite and apologize for things. But did you just admit your guilt? And can it cause you legal difficulty if your case goes to court?

Outcomes of Apologies in Court Cases

There’s two possible outcomes when you apologize after an accident. In one case, a sincere apology can lessen a person’s anger, thus making it less likely that they will seek legal action. In the other case, it’s a question of “anything you say can be used against you in a court of law.” By apologizing, they may argue you indicate your liability in the matter and it gives the other party a compelling case against you.

Thirty-six states have recognized the detriment that an apology can cause to a potential defendant and have enacted “Apology Laws”. First applied to medical malpractice, the laws protect anyone who makes a statement of sympathy or benevolent gesture following an accident. As long as the person doesn’t actually admit guilt, such statements are not admissible as evidence. Unfortunately, Nevada is not one of those states, so legal protections for an apology are limited.

So, how do you apologize without admitting guilt?

First, think about if an apology really is important in the situation. It might be your gut reaction, even if you did nothing wrong, but is it necessary? In our example above, there was obviously a lapse in judgment by driving distractedly, but that doesn’t necessarily mean you should apologize for being in an accident.

Second, if you decide that an apology is worthwhile, don’t admit any fault or place any blame. It’s important to not give any indication that you are liable. You shouldn’t express any opinions or hunches about what caused the accident or how it could have been avoided.

Third, consider finding something different to say, instead of “I’m sorry.” Simply saying “I’m sorry” is relatively ambiguous and can be applied to many different situations, including accidents, funerals, and arguments. Find specific language for the sentiment you are trying to express. In our above example, you might say, “I understand how frustrating this situation is” instead of “I’m sorry I stopped so abruptly.”

Dr. Ken Broda-Bahm, a Ph.D. in persuasive strategies, gave two suggestions on how to show you are sorry: one, acknowledge pain, death, loss, and inconvenience; two, don’t let acknowledgement get confused with responsibility. In short, there are many occasions when apologizing is meaningful, and can even be beneficial, but don’t let anyone mistake saying “I’m sorry” for saying “It’s my fault.”

In general, when you’ve been in an accident, the old adage probably still holds true: “It’s better to say nothing at all.” And if you have been in an accident, please call our office today at 702-450-4868 and we can explain your legal rights and remedies under the law.

What to Do After a Minor Accident in Southern Nevada

Should You Call Authorities About Your Accident in Southern Nevada?

Because the Las Vegas Metropolitan Police Department does not routinely respond to minor accidents, motorists must be well versed in the appropriate steps for documenting an incident. If there are damages to a vehicle involved in a fender bender or other minor incident, there could be challenges with insurance coverage. Even the most careful driver could deal with raised rates and other consequences due to a lack of evidence or dishonest actions on the part of another driver. In some minor accident cases, authorities might still be needed at the scene.

Location of the Accident

An accident that occurs in the city limits of Las Vegas is typically subject to Metro’s guidelines. However, an incident on a highway is under the jurisdiction of Nevada Highway Patrol, meaning that authorities should be contacted even for a fender bender. It is also important to realize that incidents outside of Metro’s jurisdiction include North Las Vegas, Henderson, Boulder City, and Pahrump. Those who experience accidents in these areas must still contact authorities.

Situations that Warrant Calling Authorities Regardless of Location

LVMPD will still respond to minor accidents in certain situations. If there are injuries, officers should be contacted. If the other driver won’t cooperate in the exchange of information or doesn’t have insurance and registration documents, contact authorities to respond to the scene. If there are no injuries but one of the cars cannot be driven, officers may be needed to help.

Obtaining Legal Help

Metro’s website notes that insurance companies do not require an accident report to handle a claim. However, legal help may be important if an insurer is resistant to covering an incident. A Las Vegas auto accident attorney may be needed to ensure that the process moves along. An attorney may also be helpful with personal injury litigation if an individual suffered injuries that did not manifest at the time of an accident.

Preventing Child Injury In A Car Accident

While automotive safety technology has come a long way, car accidents are still a serious problem. Since automobile crashes are the leading cause of youth deaths, it is important to be aware of safety procedures when behind the wheel. Technology can help make roads safer, but is only one piece to the puzzle. There are certain things we can do as drivers to help not only keep ourselves safe, but also our child passengers.

Child passenger safety is a very serious problem. In 2011, over 600 children under the age of 12 were killed in traffic related accidents. Additionally, over 100,000 children are seriously injured in traffic related accidents each year. Since this is an issue that will continue to occur if steps are not taken, here are some tips for preventing child injury in car accidents.

Parents are a huge risk factor

Unfortunately, parents are usually the biggest risk factor in fatal accidents involving children. About two-thirds of children killed in accidents were being driven by their intoxicated parents. Additionally, most children don’t wear their seat belts because their parents don’t wear theirs.

One of the best ways to prevent these types of accidents is to educate more people on how to keep children safe while riding in a vehicle. An idea that could be helpful in promoting safe driving with children is to offer free car seats to parents in need. Giving out car seats to those who might not be able to afford them is a great way to keep more children safe.

Child age limits for car seats

There are also some states that have increased the age requirements for when a child should no longer be required to sit in a car or booster seat. When states increase the age limit, studies show the number of children being restrained increases by three times. This in turn means less child deaths, as car seats significantly reduce the risk of fatal injuries. Always make sure you use the right car seat for your child’s weight and size. This alone can reduce the risk of injuring your child in a dangerous automobile accident.

As a licensed car accident attorney in Las Vegas, it is our goal to help reduce the number of preventable injuries and accidents happening in Southern Nevada. We are here to help victims of reckless or negligent driving, so if you feel you have a case, please contact us today at (702) 450-4868 for a consultation.

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