Addressing Our Clients’ Confusion and Concerns, One Question at a Time
Injury claims are by their nature confusing, and insurance companies go out of their way to make them even more so. However, we believe our clients deserve straight answers to their questions—without confusing legal jargon. This is why, to better serve you, we address common injury questions as clearly as possible.
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What should I do if I have been injured in a car accident with a drunk driver?
Being injured in a car accident in Henderson can be a terrifying experience, especially if it is caused by a drunk driver. You need to take steps right away at the accident scene and in the days afterwards to protect your right to compensation for your injuries.
Essential Steps to Take After a Drunk Driving Accident
Even if you believe the drunk driver’s liability is crystal clear, you still have the burden of proving his negligence caused your injuries. Your number one priority should be to obtain prompt medical care for your injuries to protect your health. Here are other crucial first steps to take:
Get the vehicle make and license number.
You should write down or take photos with your cellphone of the make, model, color and the license plate number of the vehicle that hit you. The drunk driver could fear being arrested and decide to flee the accident scene.
Contact the police.
You should contact the police right away and obtain a copy of the police report. If the officer suspects the other driver was intoxicated, he will conduct a breathalyzer and blood alcohol content (BAC) test that will establish this. The police report will contain extremely helpful information to prove the driver’s negligence, such as a narration of how the accident occurred, the officer’s conclusions as to the cause of the crash, and whether the driver was arrested for DUI or issued any other citations.
Obtain contact information for the driver and witnesses.
You want to obtain the contact information for the driver, his insurance company, and any witnesses to your collision. If you do not obtain this information for bystanders who saw your accident as it happened, you could lose compelling evidence that will help you win your case.
Take pictures and video.
Use your cellphone to take pictures and video of the damage to the vehicles, the accident scene, weather and road conditions, and any other information you believe will be helpful. If you witness the driver using mouthwash, walking unsteadily, or slurring his speech, try to capture this evidence by taking a photo or video of him.
Attend court hearings.
If the driver is arrested for DUI, you should attend his criminal court hearings. You may find out valuable information to help you in your civil case and could need to be a witness at his criminal trial.
The Last Important Step: Retain an Attorney
Once you obtain the immediate medical care you need, you should retain an experienced car accident attorney in Henderson as soon as possible. He can collect the evidence you need, file your claim with the negligent driver’s insurance company, and negotiate your settlement so that you receive all the compensation you deserve.
Have You Been Injured By A Drunk Driver?
If you or a loved one have been injured in a car accident caused by a drunk driver, our experienced car accident attorneys are here to help. We will aggressively fight for the compensation you deserve. To learn more about your options and to see our track record in these cases, contact us online or call our Henderson office directly at 702.405.6000 to schedule your free consultation.
Will Uber or Lyft be responsible for compensating me if their driver caused my accident?
If you are injured in a car accident caused by a Lyft or Uber driver in Henderson, you are entitled to be compensated for your medical bills, lost wages, and pain and suffering. This is true if you were injured as a passenger in the Lyft or Uber vehicle or an occupant of another car. However, obtaining compensation from Lyft or Uber can be complicated, and their liability will depend on what the driver was doing at the time of your crash.
Uber and Lyft Insurance Coverage in Accidents Caused by Their Drivers
Both Uber and Lyft have liability policies to cover injured victims if their drivers cause an accident. Here’s how their coverages work:
Driver picking up or carrying passengers.
If a Lyft or Uber has a passenger in the vehicle or is driving to pick up a customer and causes an accident, their insurance coverage is $1 million per accident for property damage and personal injury. There is also $1 million for bodily injuries per collision if an uninsured or underinsured motorist causes the crash.
Driver waiting for a match.
If the driver has no passenger in his vehicle but is logged into the app and is waiting to be matched with someone, Uber’s and Lyft’s liability coverage is more limited. Their policies will only cover $50,000 per person for bodily injuries with a maximum of $100,000 in coverage and $25,000 in property damage per accident.
Driver not logged into app.
When the driver does not have a passenger and does not have his app on, an Uber and Lyft insurance policy would not provide any coverage. Injured victims would need to file a claim with the driver’s personal auto insurance company.
Have You Been Injured In A Henderson or Las Vegas Area Car Accident?
If you've been injured in a car accident you need to speak with an experienced car accident lawyer as soon as possible. Contact us online or call our Henderson office directly at 702.405.6000 to schedule your free consultation.
How does alcohol consumption affect driving ability?
Despite knowing the dangers, drivers across the country make the decision to operate their vehicles after consuming alcohol. According to the Centers for Disease Control and Prevention (CDC), 10,497 people were killed in drunk driving accidents in 2016. Unfortunately, drunk driving accidents are also common in Henderson and result in far too many catastrophic injuries and death.
How Intoxication Impairs Driving and Causes Drunk Driving Accidents
Alcohol consumption can seriously impair key skills that are necessary to drive safely and avoid collisions. Here are some of the crucial driving skills that are affected by alcohol:
When a person consumes even a small amount of alcohol, his judgment can be impaired. As a result, he can be unable to think clearly and may engage in unsafe driving practices, such as speeding, tailgating another driver, racing through a traffic light, or weaving between lanes.
Alcohol consumption can reduce a person’s reaction time. This can make it impossible for a drunk driver to slow down, stop, or otherwise respond quickly when traffic situations require this to avoid a crash.
Drinking can affect a person’s large motor and fine motor skills, including eye/hand coordination necessary for a driver to respond quickly to road conditions.
Alcohol can also make it more difficult for a person to see. He may have difficulty reading traffic signs or judging distances, which is crucial to avoid a rear-end collision, make a safe left turn, and to change lanes.
To drive safely, a person must be able to multi-task and concentrate on other drivers and road conditions. This can be impossible for a person who has consumed alcohol before getting behind the wheel.
Contact Us for Help Today
Were you or a loved one injured in a drunk driving accident in Henderson? Our experienced car accident attorneys can help you prove that the drunk driver’s negligence caused your collision and fight for the compensation you deserve. Contact us online or call our Henderson office directly at 702.405.6000 to schedule your free consultation today.
What are the most common injuries I could suffer if I am hit by a car?
Unfortunately, pedestrian accidents are common in Henderson due to the large number of out-of-town visitors here on vacation or business trips and the popularity of walking in general. Many of these accidents are tragically caused by drunk drivers. Because you do not have any protection from the impact of a car or truck hitting you in a pedestrian accident, you are more likely to suffer catastrophic injuries or death.
What Are the Most Common Injuries in Pedestrian Collisions?
A person on foot can suffer a variety of serious injuries depending on the type of vehicle and its speed, among other factors. Here are the major injuries caused in these accidents:
Traumatic brain injury (TBI)
TBI can be caused by the blunt force of a vehicle hitting a pedestrian’s head or the force of impact when the person is knocked onto the hard pavement. Traumatic brain injury can cause permanent changes to an individual’s mobility, vision, memory, concentration, emotions, and more.
A person can suffer chronic pain and limitations of movement if a spinal disk is ruptured or damaged. He can experience even more devastating permanent changes to his life if he suffers partial or complete paralysis due to spinal cord damage.
Rib fractures, brain bleeding, internal organ damage, and internal bleeding are common injuries that may not be apparent for hours or days after the accident. When severe, internal injuries may be life-threatening.
Fractures and broken bones
Pedestrians can suffer broken ribs, arms, legs, pelvic bones, and other fractures in a collision. They can be more serious than in other types of vehicle crashes and cause long-term pain and limits in a person’s mobility.
Have You Been Involved In A Henderson Or Las Vegas Pedestrian Accident?
If you or a loved one was injured in a pedestrian accident we are here to fight for your rights aggressively. We represent visitors here on vacation and business as well as local residents. Contact us online or call our Henderson office directly at 702.405.6000 to schedule a free initial consultation.
What should I do if I was injured in a pedestrian accident?
If you are injured in a pedestrian accident in Henderson, you could suffer life-altering injuries requiring months of medical treatment and time off work—if you are not permanently disabled. Fortunately, you can hold the negligent driver who hit you responsible for compensating you for your medical bills, lost wages, and pain and suffering. Here, we explain important steps you need to take following your accident to protect your health and your claim for compensation.
Crucial Steps to Take After Your Pedestrian Accident
Being involved in a pedestrian accident can be frightening and stressful. However, the steps you take after it can have an impact on the strength of your claim with the negligent driver’s insurance company and your ability to settle your claim faster. Here are some important actions you should take:
Move To Safety.
If you were hit in the road or at an intersection, you should move to a safer place if you can. This will protect you from being injured in another accident.
Seek Medical Care.
You should seek immediate medical treatment if you suffered an injury. Even if you do not believe you were seriously hurt, you should be evaluated for a possible back or neck injury, spinal cord injury, internal bleeding, or traumatic brain injury. These kinds of injuries sometimes don’t produce symptoms for several days after an accident. By seeing a doctor right away, you can protect your health and avoid disputes with the insurance company as to the cause and seriousness of your injuries.
Call The Police.
It is important to contact the police at the scene of the accident and obtain a copy of the police report for your claim. The police report will help you document that the accident occurred and will contain important information, such as contact information for the driver, details about the incident, and the officer’s conclusions as to who was at fault.
Obtain Contact Information.
Get the contact information for the driver and his insurance company. It is also crucial to get this information for any eyewitnesses because their testimony can be extremely helpful to proving the driver’s negligence. You may not be able to locate them if you do not get their contact information right away.
Take pictures of the accident scene, the damage to the vehicle that hit you, your injuries, and anything else you think may be important. If you are too injured, ask someone to do this for you.
Retain An Attorney.
Retain an experienced pedestrian accident attorney as soon as possible. He can file your claim, collect the evidence you need, and negotiate your settlement for you.
If you or a family member was injured in a pedestrian accident in Henderson, our experienced pedestrian accident attorneys are here to fight for the compensation you deserve. We represent out-of-state visitors injured while here on vacation or business as well as Henderson residents. Contact us online or call our Henderson office today at 702.405.6000 to schedule your free consultation to learn more about our extensive experience in these cases and your legal options.
What are common causes of pedestrian accidents in Henderson?
Many Henderson residents walk for exercise and to get around town. In addition, since Henderson is a popular tourist destination, out-of-town vacationers and business travelers often choose to walk to their destination. Unfortunately, the chances that a pedestrian will be injured or killed by a car has been steadily increasing. According to the National Highway Transportation Safety Administration (NHTSA), 5,987 pedestrians were killed in pedestrian accidents across the country in 2016—up from 5,419 in 2015.
Major Causes of Pedestrian Accidents
Drivers must use reasonable care and obey traffic laws, including ones requiring them to yield the right of way to pedestrians. Unfortunately, they are often doing the opposite when they hit someone who is walking. Common ways drivers are negligent in pedestrian accidents include:
Distracted driving is unsafe at any time, but it is even more dangerous around pedestrians who are already at a disadvantage because they are less visible and have no protection from a much larger vehicle. Talking on a cellphone, texting, eating and drinking, and looking at a GPS are a few of the distractions that take a driver's attention from the road.
When a person is speeding, it will take him longer to slow down and stop for a pedestrian that he suddenly notices. Due to the greater force of impact, the likelihood that the pedestrian will suffer catastrophic injuries or death increases dramatically at higher speeds.
Failure To Yield.
Pedestrians at intersections and crosswalks can be hit when they are legally crossing the road and a driver fails to yield the right of way to them.
A common cause of these accidents is when a driver makes a left turn at an intersection and fails to see a person in the crosswalk.
When drivers fail to slow down for weather conditions, such as heavy rain and ice, they can lose control of their vehicle and slide right into a pedestrian crossing the road.
If a driver is intoxicated by alcohol or drugs, his reaction time, vision, and judgment are impaired. Unfortunately, accidents due to intoxication are common in Henderson due to the popularity of local casinos, bars, and restaurants.
Were you injured in a pedestrian accident in Henderson? You may be entitled to compensation for your medical bills, lost wages, and pain and suffering from the negligent driver. We represent injured victims who are residents of Henderson as well as out-of-state visitors. To learn about your right to compensation for your injuries and how we can help you, contact us online or call our office directly at 702.405.6000 to schedule a free consultation.
What factors could affect my car accident settlement?
If a negligent driver in Henderson causes you to suffer serious injuries in a car accident, you have a right to be compensated for your medical bills, lost wages, and pain and suffering. However, this does not mean that you will receive all that you are owed in your settlement.
Factors That Can Affect the Compensation You Receive in Your Henderson Car Accident Case
There are many variables that can increase or decrease the amount you receive when filing a claim with the negligent driver’s insurance company. Some of the most important ones include:
Strong evidence of negligence
When the other driver’s negligence is clear cut, this can eliminate disputes with his insurance company over liability and strengthen the value of your claim. Strong evidence that can establish the other driver’s fault include the police report, neutral eyewitness statements, surveillance tapes, and pictures of the accident scene and damage to the vehicles.
Severity of your injuries
If you suffered serious long-term injuries, such as traumatic brain injury, burns, spinal cord injuries, or back or neck injuries, you may be entitled to more compensation because the cost of your medical care and time that you will be off work will be greater.
Because your injuries are at the heart of your claim, your doctor’s opinion as to the cause of your injuries and their severity will be crucial in building a strong claim for compensation against the negligent driver. However, if you failed to seek prompt medical care or did not follow your doctor’s advice regarding your treatment, this could give the insurance adjuster ammunition to argue that your injuries are not as serious as you claim
Your own negligence
If you were partially at fault in causing your accident, you may still be entitled to compensation for your injuries. However, the amount that you receive could be reduced by your percentage of fault in causing the wreck. For example, if you were 20 percent at fault and your damages are $200,000, the maximum you may be able to receive could be $160,000—still a substantial sum.
When you claim that you suffered serious injuries that limit your ability to work and perform day-to-day activities, it is important that your post-crash actions be consistent with this. If the insurance adjuster conducts surveillance and discovers you are doing activities that you should not be able to do, this can significantly weaken your claim.
Have You Been Injured In A Henderson Car Accident?
Were you or a loved one injured in a car accident in Henderson? Our experienced car accident attorneys can explain what factors could affect your settlement and will aggressively fight for the compensation you deserve from the negligent driver. Contact us online or call our Henderson law office directly at 702.405.6000 to schedule a free consultation today.
I was injured in a slip and fall accident. What evidence should I preserve?
Proving the liability of a Henderson business or property owner for your slip and fall accident may be much more complicated than you think. It is not enough that you fell; you must prove that their negligence caused your injuries. One key piece of evidence you need to keep is the shoes you were wearing when you fell.
How to Preserve Your Shoes in Your Slip and Fall Case
When you file your claim for compensation, the insurance company for the negligent owner will most likely dispute the owner’s part in it and instead claim that you caused your own fall. One way the insurance adjuster may do this is by arguing about the safety of your shoes. He will want to know what type of shoe you were wearing, its age, and how worn it was. If you file a lawsuit, the insurance company’s attorney could demand that you produce your shoes for inspection.
Because they could play a critical role in establishing that you were not to blame for your fall, it is important that you preserve your shoes immediately after your accident so that they stay in the condition they were in when you sustained your injuries. Here are the steps you need to take to do this:
- Store your footwear in a sealed container or plastic bag and do not wear them until your case is completed.
- Take pictures of your shoes before storing them in case they are damaged, lost, or worn by a family member. Be certain to take pictures of the entire shoe, including the bottom.
Pictures of the Accident Scene Are Important Too
Another crucial piece of evidence to prove the business’ or property owner’s negligence is pictures of the accident scene. You need to take pictures and/or video of where you fell immediately after your accident occurred or have someone take them for you if you are too badly injured. It is critical to take photos with your cellphone right away before the owner cleans up or repairs the hazardous condition that caused your slip and fall.
If you or a loved one was injured in a slip and fall accident in Henderson, our experienced slip and fall lawyers are here to conduct a thorough investigation of your fall, collect the evidence you need, and negotiate your settlement so that you receive the compensation you deserve. Contact us online or call our office directly at 702.405.6000 to schedule your free consultation to learn more about your legal options.
How can a car’s black box help in my Henderson car accident case?
If the negligent driver’s insurance company disputes his liability for causing your car accident in Henderson, you will need evidence to prove his negligence. There are many types of helpful evidence. Pictures at the accident scene, eyewitness testimony, and expert witnesses are a few. One important item you do not want to overlook is the data recorder, or black box, in the vehicle that struck you.
Helpful Information Tracked by a Car’s Black Box
Many people are familiar with the black box on airplanes because they are always searched for after a crash to try to figure out the cause of the crash. Similarly, every automobile manufactured after 2014 is equipped with an event data recorder, as are many older vehicles. They can contain vital information to help show what the other driver was doing in the moments leading up to your accident. Some information tracked by these recorders includes:
- Speed prior to your collision
- Speed at the moment of impact
- Engine speed
- Steering angle at the time of the crash
- Whether brakes were applied
- Force of impact
- Seatbelt usage
- Airbag deployment
The black box data can be used by an accident reconstruction expert to help recreate your collision and show how the other driver—and not you—was at fault. Even without an expert, an experienced car accident attorney may be able to use some of the data to convince the insurance company of their responsibility to pay you a fair settlement.
How Long Do You Have to Obtain the Black Box Data?
You must act quickly to preserve the data on the black box before it is lost. Most devices will record over the data in approximately 30 days. However, the negligent driver and his insurance company most likely would not provide you with this information voluntarily. This is just another reason why it is so important to retain an experienced car accident attorney soon after your collision so that he can obtain the data if he believes it would help your case.
Do you have questions about your rights after a car accident in Henderson? Contact us online or call our Henderson office directly at 702.405.6000 to schedule your free consultation.
Is my car accident settlement or jury award taxable?
When you get to the end of your auto crash case in Henderson and you receive what you are entitled to either in a settlement or jury verdict, it can be a huge relief to put your accident ordeal behind you. However, there is one more matter to consider. Is the amount you received taxed by the IRS?
Taxability of Settlements in Henderson Car Accident Cases
If you suffered injuries caused by a negligent driver, you are entitled to be compensated for your medical bills, lost wages, and pain and suffering. In the majority of car accident cases in Henderson, the settlement proceeds are paid to the victim in a lump sum settlement where all the compensation is lumped together in one payment with no specific designation as to what the amount is for. If you received your settlement in this fashion, you most likely would not owe any federal taxes on it.
Are Amounts Awarded by a Jury in a Car Accident Case Taxable?
It can be more complicated to determine whether you owe taxes on the judgment awarded to you at a jury trial. If the jury designates specific amounts for medical bills, lost wages, and pain and suffering, some of the amount you receive may be taxable. Here is how it could work:
The amount awarded to reimburse you for medical expenses would not be taxed.
The lost wages portion of your award would be to make up for the paychecks you did not receive while you were off work recovering. Like your wages, you will owe taxes on this amount.
Pain and Suffering
Compensation for pain and suffering is more complicated. Any damages you receive for the physical pain and suffering is not taxed. This is commonly what a pain and suffering award is for. However, if any amount is being paid to you specifically for emotional distress, such as anxiety, depression, or other psychological conditions, federal taxes may be owed.
Punitive damages are a much rarer type of compensation that is only given when the at-fault driver’s actions are grossly negligent. They are designed to punish the other party and not to compensate you. Because of this, you would owe taxes on any amounts the jury designated as punitive damages.
Did a negligent driver in Henderson cause your auto collision? Our experienced car accident attorneys are here to answers your questions and fight for the compensation you deserve. We offer a free initial consultation. Contact us online or call our Henderson office directly at 702.405.6000 to schedule yours today.