NV-Attorney Blog

Toyota announced last Thursday January 21st, the latest, and perhaps largest recall in the history of the Automotive industry when coupled with the previous recall to related issues with their cars.  The company is recalling approximately 2.3 million vehicles to correct the problem of the acceleration pedals sticking on selected Toyota models.  This is in addition to the the already 4.2 million Toyota and Lexus vehicles recalled due to various floor mat issues and the sticking of pedals of selected automobiles.  That’s 6.5 million combined recalls due to issues of the acceleration devices, not a minor recall to say the least.

There have reportedly been over 2,100 separate accidents due to the sudden acceleration issue the recall was targeted to correct.  Whether or not an accident has resulted in a fatal injury, similar to the Ford Roll-Over accident recalls of recent history, is unknown.  Why so many individual accelerator accidents had to occur prior to a recall is also an unknown, especially to the victims that had to have experienced, depending on the circumstances of their cases, what must have been quite horrific feelings.  Imagine not only being able to not stop your car, but the ill euphoria of actually speeding up during these occurrences; at the very least, one would think there would be some level of PTSD due to the accident.  There has been speculation that the managements of both Toyota and Nissan, another Japanese  company said to have issues with their throttle systems, knew well before the NHTSA report issued their final conclusions on the acceleration issues in the vehicles.

To date, it is unknown how many crashes in the State of Nevada were due to accelerator issues with the aforementioned vehicles, however with over 2,100 accidents nationally, there is no doubt someone in Las Vegas, Reno or the surrounding areas of Southern NV experienced such an event due to an issue with their pedal causing an  accident or injury.   This is clearly a form of negligence on the behalf of the manufacturer, and injured victims are due compensation due to this oversight, especially since it was understood and could have been prevented prior to the accidents.  If you or a loved one has been injured in an automobile accident in Nevada due to  workmanship or a defect in the manufacturers’ product, contact the Las Vegas Law Offices of Benson & Bingham, experienced product liability attorneys.

For more information on the Toyota Recall in NV:

• Toyota Attorneys and the Toyota Recall in Nevada
• Toyota Motor’s Recall and the Safety Epidemic Created

Although everyone attempts to comply with safety and other every-day logic when boarding an escalator or elevator, sometimes problems or malfunctions occur irrespective of the actions an injured victim would have made.  Consequently, a victim of an accident in Nevada may be forced to contact an attorney that specializes in Elevator and Escalator accidents.

Benson & Bingham have experience dealing with such claims.  Whether it be a Croc or other loose fitting sandal that gets clogged in and escalator, or an elevator malfunction which drops one two floors lower then their desired floor, or a freak accident due to error in the functioning of the device, accidents do happen and injuries are a real concern.

While no one looks to get injured in a casino or hotel transportation mechanism, unfortunately these cases do arise.  Knowing and trusting a firm that understand the problems associated with such devices and how best to prove that the error was due to no fault of ones own, but the mechanism itself is an important part of determining how to pursue such claims.  The Law Offices of Benson & Bingham are one such entity that understands the risks associated with using an elevator, escalator or other public mode of transportation.  Experts need to be contacted, and tests proof of such error needs to be provided to better help the tenants of the case.

If you or a loved one has been injured in a hotel, mall, airport or casino accident involving such a device, contact the Las Vegas experts at handling premise liability claims.

It is a sad but true circumstance that more and more reputable attorneys in Nevada are no longer interested in representing victims of a Medical Malpractice in the state of Nevada.  The reason being that the law caps the amount of money that can be earned by the attorney, even though medical malpractice cases are sometimes the most costly and time consuming areas of Personal Injury law to litigate.

Nevada’s MedMal caps were set several years ago as follows: Forty percent of the first $50,000 awarded; 33 and one-third percent of the next $50,000; 25 percent of the next $500,000 awarded; and a cap of 15 percent for awards of $600,000 or more.  However, the reality is that many of these cases cost more then an attorney can recoup in legal fees once the trials is completed.

Recent studies showcased on Sixty Minutes and other media outlets note that the reason health care fees are going up is not a result of malpractice suits being filed against hospitals and doctors; in fact, less then 1% of all health care fees are chalked up to medical malpractice litigation, even though some of these people suffer the most debilitating of injuries due to surgical error, mix-up in records or other gross forms of negligence by the medical establishment.

The solution?  It sounds like the law needs to be rewritten if Federal and  State governments are truly interested in protecting Americans.  The reality is that medical malpractice is very difficult as well as costly to prove, with the hiring of experts, medical tests and other processes that accompany a suit of this nature, and without an attorney this process is nearly impossible.

For more information on why Nevada attorneys are no longer interested in pursuing such claims, read: Why Excellent Nevada Trial Attorneys WILL NOT accept good Medical Malpractice Cases

Every year there are countless cases of food or beverage related food poisoning reported in Las Vegas and other cities in Nevada.  What are your rights when you believe you have been exposed to food poisoning at a Nevada Hotel, Casino or Restaurant?

The first step is determining what and where the poisoning occurred.  Often times this can be traced by asking some simple questions. Are there  multiple people suffering from the same ailment?  Did you eat the same or similar things?  Did you share  the same food, or did you order the same entree?

Food poisoning cases are very hard to prove unless evidence is collected.  Typically, the food that is poisonous is obviously not around as it was consumed.  Therefore, it is necessary that lab tests are obtained to show that it was indeed food poisoning.  Most often, blood work or the fecal matter must be tested to determine if a virus, bacteria or other foreign substance caused the incident/s.

Last, you must have a reasonable amount of damage to pursue litigation.  If you had an upset stomach which ruined your weekend in Vegas, it will be difficult to mind an attorney willing to represent you in the case.  While that my sound harsh, the reality is that litigation for these such cases is time consuming and costly.

If you believe you have been victimized by food poisoning or another pathogen from dining at a hotel or casino restaurant contact the attorneys that understand your rights, Benson & Bingham – Las Vegas Casino Accident Attorneys at Law.

Summerlin Attorneys in Las Vegas are now in competition with BENSON & BINGHAM for rights to Las Vegas’ #1 Law firm for personal injury.  Located at I-215 and Charleston Benson & Bingham are dedicated to representing the victims of accidents and mal-practice to the fullest extent of the law.   Our newly designed offices represent the  model for premier function of legal offices with intra-office networking and full service client help.  We are #1  and strive to be the best.  Call us today at 702-684-6900.  Free injury and accident consultation, free advice.

A Shuttle bus driving on I-80 through the Sierra Nevada Pass crashed yesterday, resulting in another horrific bus accident in Nevada.  The shuttle bus, provided by the Resort at Squaw Creek, careened off the freeway hitting a guardrail and the bus rolled several times, coming to rest in ditch along Interstate-80, about twenty miles west of Reno, NV.

There were approximately30 passengers on the shuttle bus when the accident occurred, several of which were thrown from the bus while it rolled resulting in the death of one man.  In addition, 27 of the passengers were taken to hospitals throughout Northern Nevada shortly after the accident, with the majority at Renown Regional Medical Center in Reno.

The bus was ferrying employees from Reno to resorts in the Sierra Nevada’s when the accident happened.  The bus driver suffered injuries during the bus accident and were being questioned by officers after the accident.  According to Reno Police, the driver had a clean record and there were no mechanical issues with the shuttle bus.

Many of the passengers suffered broken bones, head injuries and assortment of other ailments after the accident.  While this is a tragic accident, there are some cases where the accident never should have occurred in the first place.  If you believe you have been an accident in public or private commuter transportation vehicle, contact the Law Office of Benson & Bingham, experienced ground transportation accidents/injury attorneys.

A tanker truck hit and killed a man today at the intersection of Lake Mead Boulevard and Civic Center in North Las Vegas.

According to witnesses, the man allegedly walked between to 18-wheel semis and was struck and killed by the tanker truck.  Witnesses who observed the semi accident were horrified.

Investigators were on the scene taking pictures of the accident and noted the would disclose the finding at a later date.  It appears the driver was not at fault, however often times 18-wheel semi accidents are a result of negligence or physical impairment of the driver due to alcohol or other drugs.

If you have  a loved one who has been wrongfully killed due to circumstances that could have been avoided, contact the Semi Accident specialists in Las Vegs, Benson & Bingham.

The first industrial death of an employee in it’s fifty-three year history, the main treatment plant in Las Vegas Valley identified him as Mason Reyes, a 33-year old man from Henderson.

The Coroner’s Office noted the cause of the man’s death had not been determined, but Clark County officials are investigating the death.  The accident occurred around 10 A.M. as the man was doing emergency repair work on an eight-inch reclaimed water line.

The treatment facility is the largest sewage treatment center, located off Eastern Flamingo in Henderson.  The Clark County Water Reclamation District was opened in 1954, and employees confirmed it was the first accident related death in the Las Vegas plant’s fifty-five year history.

While these types of accidents are tragic, that sometimes are a result of negligence or improper safety conditions.  If there are questions as to the cause of death, contact an experienced Las Vegas Injury Attorney, with knowledge of how to  handle wrongful death matters, contact  Benson & Bingham, experienced personal injury and accident attorneys.

Last night a Las Vegas man suffered severe injuries when he was struck in his pickup truck by another truck carrying a backhoe.  The accident occurred in Ripley, an area southwest of Las Vegas.

Officers at the scene stated the tractor trailer accident occurred at approximately 9:00 p.m. Friday night resulting in the injury to John McCauliffe.  The victim was airlifted to University Medical Center and the injuries are said to be life threatening.

The Toyota Tacoma pickup truck driven by McCauliffe struck the rear left tire of the backhoe, according police, which sent his vehicle into the other lane where is struck a Ford pickup truck carrying a trailer.  The accident is under investigation.

There are all to many tractor trailer, backhoe and other carriage device accidents in Southern Nevada and sometimes the accident could have been avoided the proper precautions were heeded.  If you or a loved one has been involved in a serious tractor trailer or backhoe accident, contact Benson and Bingham for compassionate and caring legal advice.

A woman from Florida learned the hard way about a loophole in Taxi Cab Law in the State of Nevada.  Kathy Graves was injured in a Yellow Checker Cab taxi on New Year’s morning on they way from the airport to her parent’s home in Eastern Las Vegas.  Little did she know that the taxi wasn’t carrying uninsured motorist insurance at the time of the accident.

On the way from McCarran International Airport the cab was struck by a van that ran a red light at Charleston Boulevard and Maryland Parkway.  The driver of the taxi was taken to a local hospital and Graves, who wasn’t wearing her seat belt, crashed into the back of the taxi  driver’s seat.  Although she wasn’t treated at any hospital, she sustained injuries to her hand and fingers.

Under Nevada  Laws and governed by the Transportation Safety Administration, the Nevada Taxi Authority does not require taxis, including other public transport vehicles, are not required to have uninsured-motorist insurance.  Nevada is not alone in this respect, as other large metro areas including San Francisco and New York similarly do not require cabs to carry uninsured motorist insurance.

As a tourist Mecca, Las Vegas has thousands of public transportation accidents, including taxi, limo and buses ferry passengers to and from the airport, convention centers and hotels.  While many accidents are covered by insurance or don’t result in injury, there are sometimes cases where a passenger doesn’t understand their legal rights.  The most important step is contacing a legal entity that understands Taxi  Cab Law in the State of Nevada:  the Law Offices of Benson & Bingham.