Category Archives: Pedestrian Accidents

INJURIES AT WALMART

If you or a loved one has been injured at a Walmart store, whether at the Supercenters or the grocery stores, call or text our experienced team at TheOneLawyer.com for your personal injury claim against Walmart. This blog  is about personal injury lawsuits against Walmart stores. I will examine past settlement compensation payouts in Walmart personal  injury cases and the process you will go through when you have been injured at a Walmart store. 

Walmart was the world’s largest company  with  retail revenues reaching 523.96 billion U.S. in 2019. ( https://www.statista.com/statistics/266595/leading-retailers-worldwide-based-on-revenue/)   As the  largest non-governmental employer, It is not surprising that it is the most frequently sued private personal injury claim defendant in the United States. Walmart gets sued approximately 20 times a day, which is nearly 5,000 lawsuits filed every year against Walmart. Although many of these are suits brought by employees for various employment discrimination and wage and hour claims, many are also for personal injuries sustained by customers. 

CAN I SUE WALMART IF I AM INJURED AT A STORE OR BY A WORKING DRIVER

The answer to this question is yes but you need to be prepared and collect the correct evidence. It is best to obtain a lawyer from the very beginning. Walmart will not be on your side and will not make extensive efforts to preserve all evidence. Your best path is to hire the best lawyer that you can. Walmart is a large company and there are some aspects about suing Walmart and litigating with this company in court that are different from dealing with other defendants. It has been my  experience that Walmart handles injury claims in an aggressive manner. Let’s face it, almost all of us have shopped at a Walmart store. Just the sheer numbers of customers and number of stores makes it clear that accidents will happened and in larger numbers compared to most other retailers.

TheOneLawyer.com has the experienced and compassionate attorneys you need to help you get the treatment you need for your personal injuries and fight the giant of Walmart for the compensation you deserve. Our law firm handles severe injury and wrongful death personal injury cases against Walmart and has been successful in obtaining substantial compensation for our client. Like many companies, Walmart often demands that such settlements be confidential and therefore cannot be shared. However, a jury verdict is a public record, and his article is about personal injury aka tort claims against Walmart the dollar value of those claims. The most common claims are slip and fall or other premises liability cases, truck accidents, falling objects,  negligent security, or pharmacy mistake cases.

The following  are summaries of some winning jury verdicts. Please note that as mentioned, these do not include settlements as any large  settlement against Walmart will have a strict confidentiality clause include with the settlement. 

  • West Virginia February 2019: $16,900,000 Verdict: Plaintiff/ victim, a 52-year-old mother and grandmother who was visiting her local Walmart with her granddaughter in the shopping cart. Unrelated to them, the store security had detained a shoplifter near the rear  of the store. The shoplifter then attempted to evade security and while he was fleeing ran the Plaintiff/ victim over on his way out knocking her over and the shopping cart with her granddaughter. The cart  fell on top of her, and she suffered major abdominal injuries. Her injuries were so severe that   she underwent numerous surgeries, over 20 hospitalizations, and was left permanently dependent on a feeding tube. Plaintiff/ victim hired a personal injury lawyer who filed suit against  Walmart, claiming that its security staff was negligent in attempting to detain the shoplifter who had run from them on previous occasions. Walmart denied any wrongdoing and tried to place the blame on  the shoplifter. 
  • Ohio July 2019: $81,500 Verdict: A 51-year-old woman was shopping when a pallet jack/pallet being pushed down the same aisle by a Walmart employee struck her cart. This caused her to   fall backward  as she was pushing a shopping cart. The Plaintiff/Victim  alleged she suffered disc herniations with chronic radiculopathy; a partially torn rotator cuff; and other soft tissue injuries. Walmart admitted liability but disputed the alleged injuries were a result of the fall. A jury awarded the Plaintiff/ victim $81,500 in damages.
  • Florida  January 2020: $572,988 Verdict:  The Plaintiff/ victim  slipped and fell on an unknown substance in a Walmart grocery aisle in Florida and she sustained permanent injuries. The Plaintiff/ victim claimed the company failed to maintain safe conditions. Walmart denied liability and claimed that the woman’s  own negligence caused her injuries. The jury found the store 100 percent liable and awarded the woman a $572,988 in damages.
  • Texas March 2013: $199,112 Verdict: A 42-year-old clerical worker slipped and fell while walking in the meat department of her local Walmart in El Paso. She was taken from the store by  ambulance to an emergency room where she was treated for disc herniations and bulges as well as a sprained right ankle, an annular tear, and a torn ligament in her right knee. Her Walmart lawsuit claimed the employees had washed the concrete floor with a mechanical scrubber that had been excessively filled with soap and used an incorrect mop. Plaintiff/ victim also claimed that Walmart failed to warn customers by placing wet floor signs in the area. Walmart denied liability, claiming the floor had fully dried at the time the Plaintiff/ victim slipped and fell and sustained personal injuries at Walmart. The lawyers for Walmart also argued the Plaintiff/ victim’s disc injuries were pre-existing conditions and did not happen as the result of her fall. A jury found Walmart liable for Plaintiff/ victim’s injuries and awarded $199,112 in damages.
  • Colorado June 2019: $583,040 Verdict:  Plaintiff/ victim’s was a man on crutches who requested an electric cart. As he sat in the cart, the back support  of the cart collapsed, and he fall backward. The plaintiff/ victim’s suffered soft-tissue spinal injuries. He claimed that Walmart should have known of the defective carts and was negligent for providing the defective cart for customers. Again, Walmart denied responsibility and argued that the man’s injury was pre-existing before he had the accident at Walmart. The jury found Walmart 75 percent liable and the man 25 percent responsible and they awarded $583,040 in damages.
  • Washington June 2019: $325,000 Settlement: This case is an exception to the  general rule that settlements against Walmart do not get reported. In a Washington injury accident case, a  70-year-old male Plaintiff/ victim slipped and fell on water leaking from a mini-refrigerator at his local Walmart. As a result of the slip and fall, he sustained a broken leg and ankle fractures that required several surgeries. The Plaintiff/ victim alleged that the mini refrigerator had been leaking for several hours and that Walmart failed to clean up the water. The claim was settled for $325,000. It is our experience that when damages are clear and not exaggerated like in this case, Walmart is more likely to settle the case

These are only a few the many jury verdicts render against Walmart all over the country. At TheOneLawyer.com, we have the experience in fighting large companies to recover damages for injuries sustained by our clients. 

The Walmart Claim Handling 

Walmart fights hard in the investigation of injury claims. However, if liability can be proven for a severe injury, Walmart will pay for their mistake and settle the claim. If you are injured in a Walmart store, hire an attorney immediately. Take Photographs of the hazard that your injury, be sure to take the following steps while you are at the scene:

  1. Take Photographs of the entire scene near and around where the injury occurred;
  2. Request any and all surveillance footage from the manager, and if you give a written statement, be sure to put this request in that statement;
  3. Obtain all eyewitness contact information yourself, do not rely on the store to obtain this information;
  4. Request a copy of the accident report while you are at the scene.

Getting a Lawyer to Fight for You

At TheOneLawyer.com, we handle claims against Walmart for severe injury and wrongful death personal injury claims. At TheOneLawyer.com we are lawyers who fight against Walmart for the personal injuries of our clients sustained at Walmart stores. If you have been injured or a loved one has been injured at Walmart, call us for a free consultation. 

WHY I AM GRATEFULL 2022:  I am grateful for my amazing staff and colleagues at TheOneLawyer.com who make my job easier and provide amazing service to our clients every day of the year. It is important for all of us to be the change we want to see in the world by making gratitude a part of each day. If we all practice gratitude more regularly, the world will be a kinder place. Each of my blogs will contain something I am grateful for and reviewed in our year end blog. I hope that you will also have a lengthy list by the end of 2022. I hope that by reflecting on gratitude, we will find the positive of everyday, even the days that are stressful. 

We fight hard with this companies for our clients every day and we are grateful you have chosen TheOneLawyer.com to fight your you and your family after a car accident and help you recover for the injuries sustained in that car accident. At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area and we are grateful for this opportunity. We are a boutique law firm providing experienced and personal representation to injured clients. At the Law Offices of Laura Payne, Esq. 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,  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 to which they are entitled. 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 Payne, Esq. 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 702-450-4868 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.

KEEP YOURSELF AND YOUR FAMILY SAFE FROM PEDESTRIAN ACCIDENTS

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

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

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

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

(NRS 484B.280)

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

bridge or tunnel when they are available

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SCHOOL ZONE REGULATIONS AND RULES FOR VEHICLES

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

MOST IMPORTANT RULES IN A SCHOOL ZONE:

  • Stop immediately for the crossing guard;

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

roadway that is non-divided traveling the opposite direction;

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

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

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

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

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

OBEY THE CROSSING GUARD

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

1.  The driver of a vehicle:

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

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

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

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

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

NEVER PASS A STOPPED SCHOOL BUS WHILE THE SIGNS ARE OUT

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

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

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

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

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

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

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

BUS DRIVERS ARE ALLOWED TO REPORT VIOLATORS

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

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

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

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

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

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

(a) The information included in the report;

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

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

MAXIMUM SPEED OF A SCHOOL BUS

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

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

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

SCHOOL ZONE SPEED RULES

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

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

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

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

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

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

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

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

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

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

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

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

(a) When there are no children present;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SCHOOL ZONE SIGNS ARE UNIFORM IN ALL SCHOOL ZONES

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

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

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

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

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

Protecting Your Rights after a Pedestrian Accident

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You have legal rights after being struck by a car while walking on the sidewalk or crossing the street and you can seek for disability claims for the injuries you’ve sustained. There are legal experts that can help you file the necessary documents to get Disability Benefits Assistance.

Your Rights after a Pedestrian Car Accident

According to National Highway Traffic Safety Administration data, an estimated 66,000 pedestrians were injured in traffic accidents in 2013. Along with dealing with the emotional and physical damage caused by these accidents, victims also need to be aware of their legal rights and the issues that may come up during a lawsuit. These can include assigning fault and awarding damages.

Assigning Fault for an Accident

If you are struck by a vehicle while walking on the sidewalk or crossing the street, it’s important to not discuss the details of the accident with the driver or their insurance company. You specifically want to avoid talking about who was at fault or taking any blame for the accident until you talk to lawyers at Hilbrich Law Firm

Have Your Injuries Documented

No matter how major or minor the accident, make sure that you have your injuries documented in case of further legal action. Even if you don’t feel like you’ve been injured seriously or think that you just have some cuts and bruises, it’s a good idea to see a medical professional immediately for several reasons. You’ll want to make sure that you don’t have more severe injuries, especially if you might be in shock, and seeing a doctor can provide you with a record of exact injuries you did receive in the accident.

Contact a Lawyer and Your Insurance Company Immediately

After you have received medical treatment, call your insurance company and an established accident lawyer. Even though you weren’t the driver in the accident, you still should be covered through your auto insurance. Social security attorneys can help you with filing a claim to receive disability or worker’s compensation benefits after the accident. You will also want to seek out an auto accident lawyer in Henderson who can help you receive fair compensation for your pain and suffering.