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Can a Dash Cam Help an Accident Claim?

They have served as comedic fodder on late-night talk shows for years, often depicting a hapless or distracted motorist trying to stammer out an explanation for a pivotal error in his ways.

They are no laughing matter in Russia, where motorists depend on them to protect themselves against rampant insurance fraud, especially when scam artists stage accidents and then demand money, according to the National Motorists Association.

Dashcam

They are dashboard cameras, more commonly known as "dash cams," which are mounted on the windshield of a vehicle to record the events that transpire – in both a visual and audio format – while someone is driving. Most dash cams record video in a continuous loop, with the most recent video replacing older footage, each time a vehicle is started.

Dash cams are nothing new in law enforcement circles, now motorists are installing dash cams in case they are involved in an accident. Dash cam footage, the thought goes, can serve as an extra layer of insurance in case they must file an accident claim and a dispute arises over the circumstances.

If your mind is reeling with the possibilities, you're wise to raise some smart questions with regard to the legality, use and cost of dashboard cameras.

Dash cams are legal

Recording video on public roads is legal in most states because anything done in public is not protected by privacy laws. There are only two provisos: a dash cam must not obscure a driver's vision and it cannot be used in the course of violating other laws, such as interfering with a rescue operation or law enforcement action.

Some states (though not Nevada) have tried to regulate the audio portion of dash cams by invoking wiretapping laws. However, motorists have learned to navigate such restrictions by seeking the consent of passengers and then asking them to confirm it on the audio tape itself.

Dash cams don't "lie"

Dash cam footage can be used in accident claims under a myriad scenarios, including:

  • Lending authority to a claimant's version of events, especially if there were no witnesses
  • Settling disputes when motorists intentionally distort or lie about the circumstances of an accident
  • Settling disputes when people have disagreements or different memories of an accident sequence
  • Providing valuable evidence when both parties involved in an accident have little or no memory about an accident because they have been rendered unconscious
  • Clarifying errors or mistakes in police reports
  • Capturing images previously unknown or unrecognized

Dash cams are affordable

Many motorists also rely on dash cams to cast another pair of "eyes" on their adolescent children drivers, provide a layer of defense against insurance fraud (as they do in Russia) and, if the dash cam features a motion sensor, to protect their vehicles against theft or vandalism.

For all of these benefits, many drivers don't blink over the cost. Like other forms of technology, the more “bells and whistles” a dash cam includes, the higher the cost. But most respectable models, with high-resolution video, can be purchased for less than $100.

Entrust your dash cam footage to a legal expert

Despite the peace of mind dash cams can provide, it would be a mistake to assume they will be your ace in the hole should you have to file an accident claim. The reason? Insurance companies follow different rules with regard to dash cam footage, with some companies refusing to consider them at all.

To find complete peace of mind, ensure you have an experienced attorney at your side to help you evaluate a dash cam video and expertly lead you through the claim process. The personal injury attorneys in at Greenman, Goldberg, Raby, and Martinez have come to the emotional, financial and physical rescue of thousands of people in southern Nevada since 1970. Their knowledge of the state's laws related to dash cams, car accidents and personal injury is unparalleled. Call for a consultation with this premier team at 702-388-4476 – and watch them set you on the road to confidence.

Steps To Take After a Car Accident Offer

Auto Accidents Can Happen to Anyone – Be Prepared

Car Accident

No one is immune from the possibility of being involved in an automobile accident. It can happen to anyone, at any moment, just like this Las Vegas crash. It sent four individuals to Universal Medical Center, on the last day of 2015. As with so many other accidents, alcohol was the primary factor.

Where It Happened

The Nevada Highway Patrol was dispatched to the four-car accident at approximately 11:30 p.m. The driver who caused the crash, was driving the wrong way on U.S. Highway 95. NHP Trooper, Loy Hixson, indicated the vehicle was traveling southbound in the northbound lane and that the driver was immediately arrested at the scene on DUI charges.

Victims and Injuries

At the time of Hixson's statement, the exact number of victims and their identities were unknown. This includes ages and genders.

Fortunately, no one was seriously injured. In addition to the most severe injury, a broken leg, several minor injuries were also reported.

Clean-Up

Highway 95 was closed for more than four hours. During that time, a crew from the Nevada Department of Transportation removed the debris from the crash. Wreckage was wide-spread across the highway.

Accident Checklist

Knowledge is power. Take a few minutes to download and familiarize yourself with this handy checklist. Better yet, print it out and keep a copy in your glove compartment so if you're ever involved in an accident, you'll feel and be more prepared.

The checklist includes the following information:

  • Emergency supplies to keep in your vehicle
  • How to record details quickly and accurately
  • What to do if Metro won't assist you
  • Proper steps to follow after the accident

Just to reiterate, accidents can (and do) happen to even the best of drivers. Remember, in the event it happens to you, it's extremely important to remain as calm as possible until help arrives.

Steps To Take After a Car Accident Offer

Greenman, Goldberg, Raby & Martinez, recognized by U.S. News and World Reports and Best Lawyers as one of the Best Law Firms in Nevada

U.S. News and World Reports and Best Lawyers Best Law Firms in Nevada

The 6th edition of U.S. News and World Report and Best Lawyers Best Law Firms - 2016 guide ranks Greenman, Goldberg, Raby & Martinez (GGRM) in the top tier of Nevada’s Best Law Firms in the legal practice area of worker’s compensation law – claimant’s. In its 6th year, the Best Law Firms - 2016 guide has ranked GGRM as one of Nevada’s top law firms twice – with the law firm originally making the list in 2006 and now again in 2016.

The rankings are based on a comprehensive methodology based on evaluations from lawyers and clients, peer review from leading attorneys in the law practice field, and information provided by the law firm and compiled by U.S. News and World Report and Best Lawyers. U.S. News and World Report is a respected publisher of news, opinion, consumer advice, rankings, and analysis pieces in various print and online publications. Best Lawyers is the oldest and most-highly respected peer review guide to lawyers worldwide. Best Lawyer and U.S. News and World Report worked together to rank 12,762 law firms in various areas of legal practice. Presented in tiers, GGRM placed first in the rankings of the regional practice area of worker’s compensation law – claimant’s practice. The entire database, featuring all rankings is available here.

Nevada’s worker's compensation law protects individuals hurt on the job from injuries sustained while performing job-related duties. Employees or claimant’s are able to recover lost wages, medical expenses, disability payments, and costs associated with rehabilitation and retraining, if applicable. At GGRM, claimants are counseled and represented in all phases of their worker’s compensation claim. Clients have grown accustomed to the advice, counsel, and honest answers to their questions provided by our attorneys throughout their worker’s compensation claim process.

In its 45th year, GGRM is permanently etched in the downtown Las Vegas cityscape. Aubrey Goldberg and John Greenman were joined by Paul Raby and Gabriel Martinez in 1970 and created the longest-standing personal injury law firm in Las Vegas. In addition to worker’s compensation claims, our law practice areas also include personal injury claims and social security claims.

Aubrey Goldberg, past president of the State Bar of Nevada and the Clark County Nevada Bar, is also listed, since 1995, as a top attorney in the Best Lawyers guide. In addition, the firm is AV rated in the Martindale-Hubble bar registry of preeminent lawyers.

Closer to home, we are a proud sponsor of the Metro Volunteer Program, one of the Las Vegas Metropolitan Police Department’s programs designed to get citizens involved in the greater Las Vegas community. They recently recognized our firm in their newsletter for our Best Law Firm ranking.

To schedule a free consultation regarding your rights when you sustain injuries in an accident or at work, call (702) 338-GGRM (4476) or email us to speak with our knowledgeable legal staff.

Steps to Take After Being Injured on the Job Offer

110th Automobile Accident Victim of 2015 in Las Vegas

Traffic-related fatalities happen all too frequently on the busy roads of Las Vegas. The 110th fatality last year occurred in the early morning hours of December 2nd on Fremont St., near the intersection of Eastern Ave. The victim, later identified by the Clark County coroner's office as 77 year-old Maynor Santamaria, was struck and killed by a 1999 Isuzu Amigo driven by Kenneth Mason. Police reported that Mason's westbound SUV was approaching a green light at the Eastern Ave. intersection around 5:43 a.m. when it hit Mr. Santamaria as he was heading south across Fremont St. on foot.

Police and emergency medical personnel arrived within minutes of the accident, and Mr. Santamaria was pronounced dead. Based on evidence gathered at the scene, police believe that the elderly pedestrian was not walking on the marked crosswalk when he was struck. The 54 year-old driver of the SUV stopped immediately after the crash. He stayed at the scene and passed blood alcohol tests done by police. An official investigation into the cause of the crash is ongoing.

Traffic Statistics Show Automobile Accident Fatalities Are on the Rise

Pedestrian Accident

According to the Las Vegas police department's traffic statistics for January through early December 2015, the number of vehicle-related deaths in the city has jumped by 38 percent in comparison to the same period in 2014. The department's statistics also reveal how the accident victims died:

  • Vehicle collisions with pedestrians account for 40% of the fatalities.
  • Mopeds and motorcycles were involved in 19% of the deaths.
  • The driver died in 28% of fatal automobile accidents.
  • Passenger deaths represent 7% of the total.
  • Bicyclists were involved in 7% of the fatal accidents that happened on Las Vegas streets.

Fatal Las Vegas Motor Vehicle Accidents Have Various Causes

The police department's traffic data also sheds some light on the reasons why these deadly automobile accidents took place.

  • Pedestrian safety mistakes like crossing a road against traffic lights and not using a crosswalk account for 32% of deaths.
  • Driving while intoxicated (DUI) was a factor in 21% of the fatalities.
  • 27% of the crashes happened because a driver didn't yield the right of way.
  • Failing to stay in the correct lane and other driving errors caused 33% of the deaths.
  • In 4% of fatal crashes, the person killed was not wearing a seat belt.

If you've lost a loved one as a result of a fatal automobile accident and you'd like to learn more about your available legal options, contact Greenman, Goldberg, Raby & Martinez or call (702) 388-4476 to schedule a free consultation.

Steps To Take After a Car Accident Offer

Why an Employer Might Fight a Workers’ Compensation Claim

Workplace Conpensation Claim Denied

Getting injured on the job is a part of life and everyone is entitled to reimbursement when accidents happen. However, you may experience difficulty receiving the compensation you deserve for a variety of reasons. If you've recently experienced a work-related injury and are seeking workers' comp, you may face some resistance on the side of your employer. Here are two reasons why an employer might fight your workers' compensation claim.

  • Cost Reduction

The insurance premiums for employers skyrocket when faced with more workers' compensation claims than was estimated. For this reason, many employers and insurance providers will employ the help of private investigators to determine how a worker is going about their day-to-day lives. This is done in hopes of finding cause for denying the claim, such as a worker walking around fine when he or she was limping at work. Reducing costs is one of the primary functions of any successful business and, unfortunately, denying unemployment claims is a way for employers to save money.

  • Employer Bias

Some employers are quick to assume their employees are attempting to take advantage of the company by filing for workers' compensation. They will interpret a workers' compensation claim as "malingering" or attempting to lie to the company in order to acquire undue monetary gain. This is especially true for conditions such as carpal tunnel or other injuries that cannot be accurately diagnosed via x-ray. However, just because an injury cannot be easily diagnosed by medical professionals does not mean your workers' compensation claim will be denied.

If Your Claim is Denied

If your workers' compensation claim is denied, contact a work injury lawyer to ensure you receive the money you deserve. A workers' compensation lawyer will fight on your behalf and request a hearing if necessary. Continue to attempt getting in touch with your employer's insurance provider and don't give up. Just because your claim has been denied doesn't mean the fight is over. Every worker who has suffered from injury or illness due to work related activities has the right for compensation.

Don't fight for your workers' compensation claim alone. Contact our office at 702-388-4476 and let our attorneys help you. Also, download our checklist: Steps to Take After Being Injured on the Job.

Steps to Take After Being Injured on the Job Offer

How to Protect Yourself When You’ve Been Injured on the Job

Injured On The Job

When you get hurt at work and you are eligible for workers' comp, your employer may try to skimp on or even avoid paying altogether. It's unfortunate, but it happens sometimes. However, there are ways to protect yourself if you know what to look out for. Read how to protect yourself if you've been injured on the job.


What might your employer do to avoid paying workers' comp?

  • Force you to go back to work before you're physically able – or try to force you to work your regular job instead of the promised "light duty"

Employers' workers' comp costs are higher when injured employees miss time on the job – and indeed, you may want to go back to work because you'd like to have your full paycheck back even if you're not ready.

There is a way for you to go back to work when you've been injured on the job even when you're not quite ready to fully return to your previous work. It's called "temporary light duty" work, and it's meant to keep you in your present position even when you're still receiving medical care for your injury.

  • Tell you to take care of your injury with your health insurance instead of filing a workers' comp claim

In order to use your regular health insurance, you have to say the injury is not work related. That's a lie, of course, but it's worse than that – if you try to file a workers' comp claim later, your employer can show where and how you documented that your injury was not work-related. It's basically a trick; one meant to save your employer money – and leave you out in the cold.

  • Give you regular pay in lieu of filing a workers' comp claim

As an employee, you're probably happy to get your regular wages – which are usually more than workers' comp will pay during your injury – but don't fall for it. File a claim instead. Why? Because you need the record that you were injured on the job. If you don't file and you find that you're having trouble doing the job because of your injury later, your employer can fire you. And if you need additional medical treatment because of your injury, it won't be covered by workers' comp.

  • Put you off until you give up – and your deadline for filing has passed

If your employer refuses reasonable treatment for your injury, is delaying it until time runs out to file a claim, files to end treatment prematurely or argues about every medical treatment and payment, they might be putting you off until you give up or it's too late to file.

  • Prevent the injury from being documented

If your employer prevents you from going to the hospital or the doctor even if you need treatment, if your employer doesn't allow an accident report to be prepared, or does anything else to prevent documentation that would normally be generated related to your injury, this could mean they can't be trusted. You need the documentation for your claim because you need to document its nature, severity, and treatment. If you can't do that, you may not qualify for workers' comp.

  • Sending you to the "company doctor"

Although not all company doctors are unscrupulous, some are. If the doctor says your injury isn't so bad and "may not" be work-related, even though it clearly is, it can be much harder to successfully file a workers' comp claim. If you can pick your own doctor, do it as soon as you are allowed to. If you don't have a regular doctor, get one as soon as you can.

  • Threatening you if you file a claim

It's against the law to fire you simply for filing a workers' comp claim. Again, if you don't file a claim and your injury makes it hard for you to work later, your boss can fire you without any difficulty because you don't have proof you were injured on the job. At that point, it will be too late to file for workers' comp, and you could have trouble finding another job because of your injury or due to other circumstances.

What can you do if any of these things happen to you?

If your employer tries to deny you workers' comp when you've been injured on the job -- through these methods or any other -- you don't have to put up with it. Contact the law firm of Greenman, Goldberg, Raby, Martinez for a free consultation, or call 702-388-4476. Download this checklist to learn the steps to take after being injured on the job.

Steps to Take After Being Injured on the Job Offer