Author: Steve Dimopoulos

How Federal Hours of Service Rules Can Help Injured Victims

Many truckers who travel through the Las Vegas area are regulated by the Federal Motor Carrier Safety Administration (FMCSA), an agency which oversees interstate truckers at the federal level. These regulations are usually aimed at preventing accidents and improving safety on the country’s roadways.

By way of example, among its other rules, the FMCSA requires truckers to take periodic breaks so that they can get the rest they need and not get too tired while behind the wheel. Specifically, drivers have to take a 10-hour break after being behind the wheel for 11 hours.

Moreover, since brief stops for gas or the restroom do not count as part of the 11 hours, the FMCSA also requires the 10-hour break after 14 hours on the clock. There are also rules for many hours a trucker can be on the clock during a given period.

Truck drivers and trucking companies who do not follow the rules can face fines and other penalties. However, the fact a trucker can get fined for breaking the federal rest rules does not necessarily help victims of truck accidents who got hurt because of a fatigued driver. These victims still have to file a personal injury case against the negligent truck driver and, if appropriate, his or her trucking company.

The fact a trucker violated the federal rest rules can help a person who is pursing compensation through a personal injury case, as it can be used as evidence of the driver’s negligence. However, it is still usually a good idea to file a claim for damages with the help of an experienced Las Vegas personal injury attorney.

Common Types of Collisions Motorcyclists May End Up In

Riding your motorcycle may be one of life’s grandest pleasures. However, it can also be one of the most dangerous. Every time you ride out, you are at risk of colliding with cars, trucks and other objects. Not all motor vehicle accidents in Nevada that involve motorcyclists are the result of rider error. Passenger and commercial vehicle operator negligence, error, recklessness and distraction cause many accidents.

The streets are not always as safe as they should be. Before you take to the roads, be sure to learn about the common types of collisions you may encounter when you are out riding.

Head-on crashes

You are at a particularly high risk of serious injury and death from a head-on crash when motorists drive while impaired. Drunk and inattentive passenger and commercial vehicle operators are more likely to veer from their lanes while they are turning and hit motorcyclists that are also turning from opposite lanes in head-on collisions.

Sideswipe accidents

Many motorists do not take into consideration there may be motorcyclists on the side of them when they are in traffic. This ignorance is often the result of not fully checking their mirrors and their blind spots. When passenger and commercial vehicle drivers merge or change lanes when riders are next to them, they risk clipping or sideswiping them. You are also in danger of a sideswipe collision from a motorist who drifts into your lane.

Rear-end collisions

Some drivers are in the habit of driving too close behind motorcyclists and other vehicles. This does not give them enough time to stop if you must make a sudden stop. Drivers who tailgate motorcyclists often end up rear-ending them.

You cannot predict the likelihood of becoming involved in accidents. But you can take measures to minimize your risk of injury by wearing safety gear, following traffic laws and paying attention to motorists. If you suffer an injury caused by a vehicle while you are out riding your motorcycle, consider speaking with an attorney to learn your options.

Minimum Insurance Requirements for Buses

Buses are one way people get to and from the Las Vegas area. One can probably travel trough the city and notice several tour buses on the road which transport passenger from state to state. Usually, these buses go by hardly noticed.

However, if one of these buses is involved in an accident, its likely going to wind up on the news. The reason is that, as is the case with other mass transit accidents, buses transport a lot of people at once, which means an accident has the potential of causing a lot of serious injuries, and this is without even considering other vehicles that might have been in the bus’s path when it crashed.

This is one reason why many bus companies which send vehicles through Nevada to the Las Vegas are required under federal law to carry extra automobile insurance in case the person driving the bus causes an accident.

Specifically, most buses and other vehicles which transport passengers for money have to carry at least $5 million in liability coverage, meaning that after any serious accident which the driver of the bus may cause, there is hopefully plenty of money to compensate victims. Smaller vehicles may only have to carry $1.5 million, simply because the vehicle’s smaller size makes it less of a potential threat.

What this means in practice is that if a person winds up getting hurt because of a negligent bus driver, he or she has legal options that have value. Before simply signing the first settlement offer that an insurance company makes, a victim may want to go over these legal options carefully with a personal injury attorney, if only to know what exactly it is that they are giving up.

“Duty” and “Breach” in Nevada Motorcycle Accidents

A previous post here discussed the idea of negligence in the context of automobile accidents. Of course, negligence legal theory is used in many personal injury cases, no matter the cause. One type of situation in which a negligence case may be brought is after a motorcycle accident. Since the area around Las Vegas is prime motorcycle territory, having a basic understanding of negligence may be helpful for those residents who like to ride.

Readers may remember that we went through the major parts, or “elements,” of a negligence case previously. To refresh, these are: duty, breach, cause-in-fact, proximate cause and damages. This week, let’s take a short look at the first two of these elements: duty and breach.

It stands to reason that in order to be held legally responsible for something, in most cases the responsible party must actually have been at fault for doing or not doing something. Legally, this is determined by looking at whether an individual was legally required to act or not act in a certain way. That is, did he or she have a legal duty to behave in some manner? When it comes to motorcycle accidents, this usually boils down to the fact that all who use the roadways have to exercise a certain reasonable standard of care. In other words, since a reasonable person would know that, say, failing to stop at a red traffic signal might put others in danger, anyone who fails to so may be said to have breached his or her legal duty to exercise reasonable care.

Of course, not every negligence case is going to be so cut-and-dried. There may be times when a driver breaches a legal duty even if he or she has not technically violated a law or regulation. This often happens in bad weather, when a person fails to exercise reasonable care based on the circumstances, even though the same behavior under different conditions may be acceptable. Those who have been injured in a Las Vegas motorcycle accident may wish to consider how to protect their legal right to compensation.

Bicyclist Killed in Fatal Nevada Vehicle Accident

Although millions of people are drawn to the Las Vegas Strip each and every year to experience the glamor and spectacle of the attraction’s shows, restaurants and casinos, there is a quieter and often forgotten side to the greater Las Vegas community that also is thriving – its natural beauty. The hills and mountains that exist just beyond the bright lights of the Strip are a sought-out retreat for hikers, runners and cyclists who enjoy the state’s amazing outdoor experiences.

However, just as incidents and accidents can happen in the hustle and bustle of the Strip, so too can dangerous situations occur on the vast expanses of roads and trails beyond the city’s limits. Just recently a sport utility vehicle made a deadly mistake that killed one bicyclist and caused two others to suffer life-threatening injuries.

A Ford Escape was traveling on Via Inspirada in Henderson when it apparently hit the three cyclists. The incident occurred around 8 o’clock in the morning and the deceased victim was pronounced dead when emergency responders arrived at the site of the accident. The other two victims were taken to a local hospital to have their serious injuries treated.

It is unknown if the driver of the Ford Escape will face criminal charges for this dangerous conduct. But, regardless of whether or not law enforcement officials choose to pursue criminal sanctions against the driver, it may be possible for the victims of the vehicle accident to initiate civil actions for the recovery of their damages. The two victims who are suffering in the hospital may have claims for their medical damages, losses related to their property and lost wages, while the family of the decedent may be able to pursue wrongful death claims against the driver. In tragic situations such as this, it can be incredibly helpful for victims to learn about their legal rights through consultations with personal injury attorneys.

Source: fox5vegas.com, “Bicyclist dies, 2 others hurt in Henderson deadly crash,” Jordan Gartner, Oct. 28, 2017

A Pause To Discuss Restaurants

Q: What is your favorite restaurant on the Las Vegas strip?

A: This is technically a legal Q&A but I can’t help but answer your question since I am a foodie. The irony of your question is that it is more challenging to answer than most of the legal questions I receive!

There are too many restaurants to list so I’ll just name a few. For steakhouses, I like STK, Jean Georges, Bazaar Meat, Mastros, and Capital Grille. Allegro at the Wynn is my go-to for Italian. Milos is my favorite seafood restaurant and lunch spot. For breakfast, I like Mon Ami Gabi and Bouchon.

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Ethics Disclosures: Past results do not guarantee future outcomes. You may have to pay the other side’s attorney’s fees and costs in the event of a loss. Our mission is to provide you with the highest settlement possible in the shortest time possible. We recover more than two million dollars per month on behalf of our clients. Super Bowl is a registered trademark of the National Football League (NFL).  Dimopoulos Law is not affiliated, associated, authorized, endorsed by, or in any way officially connected with the NFL.702-605-7207