Monthly Archives: May 2016

Latest Posts

Archives

Categories

Tags Cloud

Ridesharing Woes: What Happens When I Get Hurt in an Accident Involving a Ridesharing Vehicle?

Uber

Ridesharing companies such as Uber and Lyft, and SideCar recently obtained the blessing from Nevada state legislature to operate lawfully within our communities. Unlike taxi services, which require certain licensing and insurance standards, ridesharing services have far less regulation at this stage of their existence. The lack of regulation is concerning to both drivers and passengers alike; the drivers are not protected by benefits or the possibility of workers’ compensation, and there is a substantial question regarding what protections are afforded to passengers in the event they are injured due to a ridesharing driver’s negligence. Successful injury claimants receive compensation from the negligent driver’s insurance carriers, but the business model of Uber and similar companies is making it difficult for injured parties to receive the compensation they deserve.

The Insurance Problem

As the use of ridesharing services increases, the frequency of accidents involving ridesharing drivers has also increased. Accidents may occur while there is a passenger in the car, or a ridesharing driver may hit a pedestrian or another driver, causing injury. In a "normal" car accident, the person at fault is usually the one responsible to pay. These funds, especially in the instances of significant bodily harm, are generally paid out by the negligent driver's insurance company and/or the injured party's insurance if the negligent driver is uninsured or underinsured.

With ridesharing accidents, most ridesharing companies will pay up to $1 - $1.5 million to their driver's injured passengers in the event of injury. However, this policy only covers drivers when there is a passenger in the vehicle. As such, if a ridesharing driver gets into an accident, for example, on the way to pick someone up, there is a question as to whether the driver's personal insurance provider should pay or if the ridesharing insurance company is on the hook.

These "grey-area" questions are creating significant litigation throughout the country. A driver's personal auto insurance carrier may refuse to pay, stating the driver was engaging in commercial (business) activities, which violates most personal insurance company terms. On the other hand, the ridesharing company insurance companies are defending claims by stating their drivers are independent contractors, not employees, and they should not be held responsible when there is not a passenger physically in the vehicle. These arguments can make it difficult for an injured party to recover in a timely fashion from any insurance company, and these types of cases require experienced personal injury attorneys to advance the injured party’s cause in court.

Las Vegas Personal Injury Lawyers

Regardless of whether you are injured as a passenger in a ridesharing vehicle or if you or the vehicle you are driving in is hit by a ridesharing driver, the Las Vegas personal injury attorneys at Greenman, Goldberg, Raby and Martinez can help you navigate your legal claim against the ridesharing company as well as the driver or any other responsible parties. We understand you want to resolve your claims quickly and with the best result possible; our experienced personal injury lawyers are knowledgeable in insurance claims, negotiations, litigation, and reaching settlements. If you or anyone you know has been injured in an auto accident involving a ridesharing driver, call our office at 702-388-4476 to learn more about your potential legal claim.

Steps To Take After a Car Accident Offer

Law Glossary: Personal Injury

Law Glossary

The law has its own set of terms that may not always be clear to people outside the profession. The following definitions will help explain some of the legal terms that are commonly used in personal injury cases:

Burden of Proof

This refers to the obligation of the plaintiff (the person bringing the legal action) to prove that what he or she is saying is true. This standard of proof varies according to the type of case. In personal injury lawsuits, the plaintiff must prove his or her case by a preponderance of the evidence. This simply means it’s more likely than not that the defendant caused your injuries. This is a lower standard of proof than what’s required in a criminal case.

Damages

Damages are money payments recovered in court to compensate the plaintiff. They are classified as either economic or non-economic damages. Economic damages are quantifiable, meaning they can be easily measured or counted. This includes money for medical expenses, lost wages, and property damage. Non-economic damages aren’t quantifiable and include money for pain and suffering.

Duty of Care

This obligation requires a particular standard of conduct or care be met in order to protect someone else from harm.

Gross Negligence

An action or failure to act that recklessly disregards the consequences to another person’s safety or property.

Negligence

Negligence is carelessness that falls below a reasonable standard of care. It doesn’t involve a deliberate intention to harm but instead describes a failure to act or a failure to act in a sufficient manner. For example, if a store fails to clean up a spill in a timely manner and you slip and fall and are injured as a result, the store may be guilty of negligence. Many malpractices cases also fall under the category of negligence. In Nevada, you must prove several elements in order to prove negligence. You must prove the defendant owed a duty of care to you and breached that duty. This must have caused your injuries, and you must have suffered damages as a result.

Punitive Damages

Damages, or money, that is greater than necessary to compensate a plaintiff for a loss. These types of damages are intended to punish defendants who have acted with malice or committed fraud. In Nevada, the amount of punitive damages is limited and varies according to the amount of other damages you receive. An injured person may recover punitive damages if injured by a drunk driver.

Statute of Limitations

This is the amount of time you have to file a lawsuit after you’ve been harmed. The statute of limitations in Nevada varies according to the type of case. For many types of personal injury cases, for example, you have two years from the date of the accident to file your case.

For more information, download our free guide to understanding if a personal injury lawsuit is inevitable. You’ll learn about what factors to consider when deciding whether to file a lawsuit.

Steps To Take After a Car Accident Offer

Sources:

http://library.nevadalaw.info/law_library/Negligence%20Nevada.htm
http://nevadalaw.info/elements-for-the-claim-of-negligence/
http://research.lawyers.com/nevada/nevada-statutes-of-limitations.html
http://www.reviewjournal.com/news/nevada/nevada-justices-uphold-medical-malpractice-damages-cap
http://law.justia.com/codes/nevada/2010/title3/chapter42/nrs42-005.html

How to Collect Information from Witnesses After an Accident

Car Accident Witness If you've been in an automobile accident, third-party witness statements are critical. These independent and unbiased testimonies can provide strong evidence of who was at fault as their opinions are not influenced by the financial or personal outcome of the accident. This is especially important in a personal injury claim as you will need sufficient evidence as to how your injuries were caused by the negligent acts of the other party. Collecting information from witnesses following an accident is a critical component of proving such a case, but if this information is not collected in the proper way it may be inadmissible in court. Here's what you need to know about collecting information and securing witness statements.
  • Stay Calm and Consider the SituationAutomobile accidents are chaotic and stressful. As a victim, your primary concern must be to consider your safety and seek medical attention for your injuries. In certain scenarios, even moving around could exacerbate your injuries and do more harm than good. However, by staying calm and accessing the situation you can get a better grasp of your capabilities and surroundings. If you are physically able, then take the following steps to secure witness statements.
  • Locate Potential WitnessesFirst, grab a camera, (your phone's camera will work fine) a pen, and something to write on. Check your surroundings and look for any potential eyewitnesses to the accident. This may include people who stopped to assist, nearby business workers or their customers, or even the drivers and occupants of other cars that were involved in the accident. Approach them by identifying yourself and asking if they witnessed the full account of the accident.
  • Write Down the DetailsThe next step is to carefully and politely request them to describe what they saw and heard. It's very important that you don't argue or petition for your side of the story. Doing things like prompting a series of answers, will appear as if you are trying to manipulate the situation, which may alienate the witness and do more harm than good. You may consider having them write down in detail what they saw and heard. Anyone who witnessed the accident can write a statement on any type of paper in another format.
  • Sign and Date Any StatementsWith your phone or traditional camera, take a photograph of every witness signing and dating the bottom of their statement, as well as holding the finished document. If you are using a phone camera, include the witness' contact information as an attached note to each photograph. This will allow you to reach out to them in the future and make organizing statements easier. For witnesses who are not able or are unwilling to complete a statement immediately following the accident, request their name and contact information to request information at a later date.
If you've been in an accident, contact us today to learn more about getting the help you deserve. Steps To Take After a Car Accident Offer

Your Rights. Your Recovery. Your Future. It Matters to Us.

At the law firm of Greenman, Goldberg, Raby and Martinez, we never forget how important the outcome of your legal matters are for you and your family. This is your health, your recovery, your job, your finances, and your future affected, and what affects you, affects the community. That's why fighting for you and our Southern Nevada community, doing everything in our power to bring forth the best possible situation, matters most to us.

GGRM Lawyers

We began GGRM 45 years ago, and have spent every year since helping everyday people in our community – friends and family, neighbors, co-workers, soccer moms and cheering dads. We are committed to taking on tough cases of worker's compensation, personal injury, social security disability, and wrongful death claimants.

Our experienced attorneys have helped thousands who were hurt in an accident or were unjustly wronged by their employers. We go head-to-head with the insurance firms and work diligently to secure the highest possible financial compensation possible to help you move forward to a greater future.

It's for these reasons we're proud to update the Greenman, Goldberg, Raby and Martinez Law Firm's slogan to something more representative of our past cases, our current mission, and our vision for the future: "Your Rights. Your Recovery. Your Future. It Matters to Us."

Southern Nevada has long been a special place for us, as we're sure it holds a special place for you. This is our community, and if you've been hurt in an accident, received unfair treatment, or were a victim of a personal injury we want to assist you in getting the help you need to assert your rights and put the trauma behind you so you can enjoy a more secure future.

Contact us today at 702-388-4476 or send us an e-mail to schedule a free personal consultation. Sign up to receive our blog notifications detailing how you can recognize and protect yourself from unfair treatment.

If you've been injured or received unjust treatment, please don't wait it out and hope for the best. Helping you ascertain Your Rights, quicken Your Recovery, and improve Your Future, Matters to Us.

Steps to Take After a Hit-and-Run

Car Accident

The number of hit and run accidents continue to rise each year. In Las Vegas, hit and run fatalities were up 35 percent in 2014 (the most recent year for which statistics are available) over the previous year. Usually, the driver flees an accident because he or she is under the influence of alcohol or illegal drugs or he or she is not properly licensed or insured.

If you've been involved in such a situation, it can be confusing knowing what to do. The usual guidelines of exchanging information don't apply when the other vehicle and driver are absent. However, there are several things you need to do if you've been involved in a hit and run accident.

What to do if you've been involved in a hit and run accident

  1. Call 911, if necessary. The first thing you need to do is to make sure everyone is unharmed and request medical assistance if necessary.
  2. Jot down information. Write down all you can about the fleeing vehicle, including the license plate number (if you saw it), the make and model of the vehicle and the color. Include any details about where you were hit and the situation leading up to the accident. Take photos of the location and the damage to your car, if possible.
  3. Report the accident to the police. You'll still need to report the accident to the police, even if the person who caused the accident is absent. Stick to the facts.
  4. Call your insurance company. You don't want to wait to file a claim with your insurance company. The newer the information about the other vehicle, the more likely the insurance (and the police) will be able to locate it.

If you've been involved in a hit-and-run accident, you're not alone. A good personal injury law firm like Greenman, Goldberg, Raby and Martinez can help protect your rights, get the settlement you deserve to pay your medical bills and compensation for time off work and help you put the incident behind you as quickly as possible. To schedule a free consultation, contact our firm at 702-388-GGRM (4476).

Steps To Take After a Car Accident Offer

How to Stay Safe at EDC

EDC Music Festival

It should come as no surprise Las Vegas is the most popular location for the beloved Electric Daisy Carnival. Electronic dance music lovers from around the world will once again descend upon the Las Vegas Motor Speedway; featuring art, circus-style performances, and carnival rides in addition to world-famous EDM DJs and performers.

To get the most out of EDC and enjoy everything the festival has to offer, staying safe and playing it smart is key. Consider the following safety tips as you party at EDC this year:

Become BFFs with your water bottle. Much of the EDC festivities take place outside, where you'll be exposed to the hot, dry desert air of Las Vegas. June temperatures can soar well over 100 degrees Fahrenheit, with night temperatures averaging in the mid-90s.

It's important to drink plenty of water throughout the event to stay hydrated and mitigate the heat's impact on your body (bring your water bottle to fill up at EDCs several free water stations). Many experts suggest drinking extra water in the days preceding your attendance.

Pair fashion with function. Another smart way of handling the desert heat is to dress appropriately. Select outfits comprised of lightweight, breathable clothing you're comfortable in and aren't concerned about ruining. Pair outfits with a comfortable pair of shoes--think sneakers--that won't give you blisters, especially if you plan on joining the dance floor.

And most importantly, don't forget Baz Luhrmann's advice; pack the sunscreen. While most of the main events occur post-sunset, you'll most likely spend some time underneath the summer sun. Being generous when lathering up will protect you from sunburns, causing you pain in the close quarters of the festival.

Don't be afraid to seek care. If despite your best efforts you feel down, lightheaded, dehydrated, or are otherwise injured, seek medical help at one of the festival's many medical stations. These first aid tents are always staffed by teams of experienced medical practitioners quick to provide the medical care you need, free of charge. Don't hesitate to stop in, no matter your issue. It's better to be checked out and find yourself clear to go, than to let a minor issue become something major.

Pay attention and implement a buddy systems. Las Vegas's EDC is expected to have over 300,000 attendees this year, making it easy for you to get separated from your friends. Keep yourself and your friends safe by implementing a buddy system and having established checkpoints and times to meet with other members of your group. As always, it's important to pay attention to your surroundings and belongings to stay safe from ill-doers.

Finally, enjoy the show! EDC is an unforgettable experience that'll leave you enthralled all year-long. Simply practice these tips to ensure you have the best time.

Steps To Take After a Car Accident Offer

Pedestrian Fatalities in Las Vegas

Pedestrian Safety

Pedestrians are playing for higher stakes than ever in the crosswalks of Las Vegas, and the number is only trending upward. Just like any game of chance, however, there are ways to mitigate your risk and avoid potential injury or death.

While Las Vegas isn't the most dangerous city in America to navigate a crosswalk, it's approaching the top of the list. In 2012, Las Vegas ranked 15th out of 34 major U.S. cities with 2.51 walkers killed per 100,000 residents. Surprisingly, most of the accidents between pedestrians and cars don't involve out-of-town tourists on the Strip, but instead occur between locals on the major streets away from all the neon and glitz. Since 2015, 37 percent of the deaths in Clark County have been pedestrian fatalities in Las Vegas.

It would seem that the nature of the city's most dangerous intersections is largely to blame. Most of the streets where pedestrian-vehicle accidents are happening lead not only in that type of accident, but also collisions involving two or more vehicles. Law enforcement blames the wide-open nature of said intersections, which typically are four-lane streets that run straight with few stoplights along their route.

For years, we have been implored not to drink and drive and now it is also becoming dangerous to drink and walk. Experts estimate every mile a pedestrian walks drunk is eight times more dangerous than a mile driven while drunk.

Staying safe in crosswalks in Las Vegas, would boil down to a couple things. First, pedestrians need to be aware of their surroundings, and must assume they are not being seen by drivers especially at wide-open intersections. Instead of trying to walk home from a night out, it's a good idea instead to hitch a cab ride or Uber home.

Walkers should also obey all traffic signals, and use crosswalks when present. Darting between cars or trying to cross in the middle of a street is highly dangerous. If walking at night, try to wear bright colors to stand out to drivers. And, like your mother always told you, look both ways before crossing the street.

Pedestrian injuries suffered by those without insurance account for an average of $18 million per year in Las Vegas. If you've been injured while walking, let us help you get the settlement you are entitled to. Call Greenman, Goldberg, Raby and Martinez today at 702-388-4476, and let us help. Contact us today for a free consultation.

Steps To Take After a Car Accident Offer

Stay Safe and Prepared- Auto Accidents Occur All the Time

Car Accident

Although we may consider ourselves outstanding drivers, accidents can and will happen when you least expect them. After taking all the precautions, collisions big or small will likely impact your life at some point. Although drivers can take many precautions to improve safety on the road, it’s impossible to ensure other drivers are doing the same. The injuries sustained from any accident should always be taken very seriously. Take a few moments to review how you can better equip yourself to handle auto accident situations along with any insurance or injury claims involved.

Recent Accidents

On Saturday, April 9th, Eastbound Summerlin Parkway was shut down due to an overturned SUV on the road. Multiple injuries were reported by the Las Vegas Fire Department

Also on Saturday, April 9th, a 24 year old female was hit by a vehicle on Pecos Road. Early Sunday morning she was pronounced dead from blunt force trauma injuries.

These are just a few examples of the many auto accidents that occur throughout Las Vegas every day. Unfortunate events like these cannot be predicted, but taking a few precautions will certainly help prevent them.

Be Prepared

It’s important to always be prepared for anything on the road. An auto accident could leave you and loved ones stranded for several hours until help arrives. Always keep items like bottled water, blankets and non-perishable food in the trunk as a precaution. It’s a good idea to formulate a pre-established plan to follow after an auto accident. Knowing exactly what to do will reduce stress and anxiety. Be sure to remain calm until emergency response teams arrive.

Recruit a Seasoned Personal Injury Attorney

Regardless of how severe the auto accident is, always hire a personal injury attorney to ensure you receive the compensation you deserve. Hospital bills get expensive quickly and the last thing a recovering accident victim should be worrying about is money. The right personal injury lawyer for you will handle all aspects of the injury claim so you can focus on recovering. Without the assistance of an experienced attorney, you may miss out compensation.

Learn more by downloading our free accident checklist. Greenman, Goldberg, Raby and Martinez, Personal Injury Attorneys, will work hard to ensure you receive the money you deserve.

Steps To Take After a Car Accident Offer

Golf Course Safety

Golf Course Safety

Golf is generally considered a safe sport. As long as everyone on the course follows a few safety rules, there isn’t too much to worry about. But accidents do happen and injuries can occur. Here are guidelines to follow at your next tee time.

Golf Clubs

Golf is a game played with clubs that have metal heads – a recipe for disaster in the wrong hands. As you prepare to swing, it’s your responsibility to ensure your golfing partners are at a safe distance. Never swing a golf club when someone is standing nearby, including practice swings. As you prepare to swing, look left, right, and ahead of where you’re aiming. Don’t hit the ball until you’re confident no other golfers are in range. Keep a particularly close eye on younger golfers with less experience.

Fore!

Around the world, fore is the warning yelled out if someone is in danger of being hit by an errant golf ball. Whether it’s you or another golfer who hit a drive farther than anticipated, everyone needs to take cover. Golf balls move at a fast speed and are not easy to spot when they’re airborne. To protect yourself, step behind a tree, hide behind the cart, or cover your head with both arms.

Drive Safely

Golf carts are not difficult to drive, but they come with directions, which should be read and followed. Observe all safety rules:

  • Keep your feet inside the cart while in motion
  • Don’t take onto bumpy terrain
  • Slow down on curves or when going down hill
  • Don’t let underage drivers behind the wheel
  • Don’t drive if you’ve been drinking
  • Keep a watchful eye out for other carts

Finally, wear sun protection and stay hydrated. And watch out for lightning – at the first sign of it, head directly to the clubhouse. Out on the course, group members should stay 15 feet apart and do not stand under a tree – they are nature’s lightning rods!

Golf is a fun sport and a great excuse to head outdoors. Follow these simple precautions to eliminate risk. If you are injured because of someone’s negligence, call the Las Vegas personal injury lawyers at Greenman, Goldberg, Raby and Martinez 702-388-4476 to learn your legal rights.

Steps To Take After a Car Accident Offer