- Distraction due to texting or other cell phone use
- Failing to maintain the truck properly
- Improperly secured cargo
- Driving too fast
Friday, May 29, 2015
If you have been involved in a truck accident, such as those involving a truck weighing at least 10,000 pounds, you know they can cause significant damage. Often, the image that comes to mind is a semi-trailer truck, though smaller trucks can pose risks as well. Semi-trailer trucks (also known as semis, tractor-trailers, or eighteen-wheelers) are integral in the transportation of cargo shipments. These massive vehicles are capable of transporting incredibly large quantities of products. However, because of their size, they can also be very dangerous.
Even the largest passenger vehicles are small in comparison to transport trucks, such as semi-trailer trucks. As a result, accidents involving passenger vehicles and trucks often involve immense damage to the vehicle and serious or fatal injuries to the driver and passengers. Some of the ways that a truck driver may be at fault for causing an accident include, but are not limited to:
If the driver of the truck was negligent, it is possible for you to file a lawsuit to recover compensation for the injuries you have sustained as well as the damage to your property, namely your vehicle. An injured person may seek recovery from the driver or the driver’s insurance company, as well as the company the driver works for or that company’s insurance company.
These accidents may give rise to personal injury lawsuits claiming economic and non-economic damages. Economic damages include past and future medical expenses, property damage (often significant to the vehicle involved), lost wages due to time missed from work, and, in the most severe cases, funeral expenses. If the accident causes someone to die, a wrongful death lawsuit may also be initiated.
Non-economic damages include claims for disfigurement, pain and suffering, and, in some cases, punitive damages. Pain and suffering includes the pain and discomfort related to a person’s actual physical injuries, as well as emotional reactions such as mental anguish, emotional distress, fear, and shock. Punitive damages are intended to punish the defendant and may be significant. However, they are less often awarded.
It is important to keep in mind that any insurance company you make a claim against will be represented by experienced attorneys. It is common for them to attempt to reach a settlement agreement with you. With experienced legal representation on your side, you will be able to make an informed decision as to whether the settlement offer is fair in relation to the injuries you have suffered and the damage to your property.
If you have been injured in an accident involving a large transport truck, such as a semi-trailer, and would like more information about your legal options, you should speak with an experienced Las Vegas personal injury attorney. The legal team at De Castroverde Law Group can answer all of your questions.
Tuesday, May 26, 2015
Whether for exercise, recreation, or traveling to work, there are numerous reasons why you might choose to ride a bicycle. Whatever the reason you decide to ride a bike, there are important precautions to take in order to help you avoid being hit by motor vehicles. While these types of accidents can give rise to personal injury claims, allowing you to potentially recover compensation for injuries you sustain, it is much less painful to avoid these accidents in the first place.
Riding in the Road
You are perfectly within your legal right to ride a bicycle in the road, and motorists must share the road with you. Indeed, in many places, you are not even allowed to ride your bicycle on the sidewalk, thus forcing you onto the road. However, when riding in the road, the same responsibilities placed on motorists are placed on bicyclists. Adhering to these responsibilities can decrease the chances that you will be hit by a vehicle.
When entering a road, you must yield to oncoming traffic. It is particularly dangerous when a bicyclist enters the road from a driveway, alley, or from between parked cars. A motorist will not be expecting that in any sort of traffic, including a bike, will be entering from the middle of the block. Before entering the road, be sure to stop and check both ways to ensure it is safe.
It is also safer, as well as required to ride with traffic. Drivers do not expect traffic to be coming from the wrong direction, so riding against traffic can be very dangerous. As a result of the unexpectedness of a bicyclist riding in the wrong direction, coupled with the smaller size of a bicycle, a motorist may not see you approaching.
Riding your bike in a uniform and predictable manner will also help to avoid accidents. This means you should ride in a straight line and avoid swerving. When you wish to change lanes or make a turn, you should use hand signals to alert motorists. It is also important to obey all traffic laws, signals, and signs. In other words, you should ride your bicycle in the same manner as you would drive a vehicle.
Riding at Night and After Drinking
If at all possible, you should avoid riding a bike at night, as motorists often have difficulty seeing bicyclists when it is dark. The National Highway Traffic Safety Administration (NHTSA) reported that 48% of bicyclist deaths occurred between 4 p.m. and midnight. However, if you cannot avoid riding a bike at night, you should wear bright clothing and some sort of reflective clothing. Further, your bike should be equipped with a headlight and a rear reflector.
It is also helpful to avoid drinking alcohol and riding a bike. Balance, coordination, focus, and reaction time are all affected when a cyclist is under the influence of alcohol. After consuming alcohol, the best choice is find another means of transportation.
If you have been injured as a result of a bicycle-related accident, contact an experienced Las Vegas personal injury attorney. The team at De Castroverde Law Group has the experience to help you with your case today.
Friday, May 22, 2015
If you are ready to apply for citizenship, it may be beneficial for you to obtain legal representation during the process. Applying for citizenship is an exciting time, but it can also be complicated and frustrating. An experienced immigration attorney can help answer any questions you have and guide you through the application process.
An initial issue is determining whether you are eligible for naturalization (the granting of citizenship). The United States Citizenship and Immigration Services (USCIS) is the agency that oversees lawful immigrations to the U.S. and it also has responsibility of processing citizenship applications. The USCIS has developed a Naturalization Eligibility Worksheet (Worksheet) to help individuals determine if they are eligible for citizenship. The Worksheet requires you to answer numerous questions, some of which are complex. An attorney with experience with citizenship applications will be able to help you understand these questions, as well as provide an opinion as to whether you are eligible for citizenship.
In order to apply for citizenship, you will have to fill out Form N-400. This form is 21 pages, with an additional 13 pages of instructions, and includes questions related to all aspects of your life. Like the Worksheet to determine eligibility, there may be portions of the application, or its instructions, that you do not understand. It is important to note that many people applying for citizenship have found the application form complex and stressful. An immigration attorney can relieve this stress by explaining anything that you find confusing.
Accurately and completely filling out the application is crucial to obtaining a successful, as well as timely, citizenship decision. If any part of the application is incomplete or inaccurate, it will result in delays in the process. Even worse, it may result in the denial of the application, which would require you to start the process all over again. An experienced immigration attorney can reduce the chance that any errors or omissions will occur.
Another issue to keep in mind is that the USCIS does make mistakes in regards to citizenship determinations. An attorney will be able to recognize when a mistake may have been made or when the process is not progressing as it should. Additionally, an immigration attorney will know the steps to take to remedy any of these issues. Finally, your attorney will be able to handle the responsibility of communicating with the USCIS or representing you before them, if necessary.
One area that may cause stress for citizenship applicants is the interview when you will be asked questions about your background and application. An attorney can be of great help in preparing you for the questions and knowing what to expect during the interview. By being prepared, you will be more comfortable, which will likely result in the interview going as smoothly as possible.
For more information related to citizenship applications, you should speak with an experienced Las Vegas immigration attorney. The attorneys at De Castroverde Law Group are fluent in Spanish, as well as English, and can help you complete the process for citizenship.
Tuesday, May 19, 2015
If you have been involved in a car accident, it is likely you are considering hiring an attorney to attempt to recover compensation for injuries you sustained or for damage to your vehicle. This is particularly true if the accident was serious. A car accident attorney can provide a number of benefits in assisting you after you are involved in an accident.
Legal Advocacy and Settlement
First, and foremost, an attorney will be an advocate for you throughout the entire period of representation. The attorney will actively support your case, whether during settlement negotiations or a civil trial. Further, the attorney will act in your best interests to help you achieve the best possible outcome.
An initial consideration is the statute of limitations, which is the time a plaintiff has to file a claim before the right to it is lost. Under Nevada law, the statute of limitations for a personal injury claim is two years. As a result, it is critical that you speak with an attorney as quickly as possible after being involved in an accident.
For minor accidents that did not result in injury or significant damage to your vehicle, you can probably speak with the insurance company yourself. For more serious accidents, it is likely that the insurance company will attempt to come to a settlement agreement with you in order to avoid litigation. Further, the insurance company will probably not initially offer you a satisfactory settlement amount.
For you, this may be the first time you have been in an accident, especially one significant enough to require legal representation. It is important to note that it will not be the first time the insurance company has been involved in negotiations like this. This makes having an experienced car accident attorney critical to help you obtain a fair settlement. An attorney can help in estimating the value of your injuries and the cost to repair the damage to your vehicle. With this estimate, you can make a better decision as to whether the insurance company offer is satisfactory to you.
Filing a Lawsuit
If a settlement cannot be achieved, an attorney can handle the initiating of a lawsuit. The process of a lawsuit includes the filing of a complaint, filing motions for court action, completing discovery, and the trial itself. Discovery is a very important, and often the longest, part of the process. The discovery phase of a lawsuit involves the parties asking each other questions about the case. Information is gathered through the use of written questions (interrogatories) and the questioning of witnesses under oath (depositions).
As part of the litigation process, the attorney will gather, among other items, police reports, witness statements, medical records, and lost wage information. In addition, your attorney will be able to respond to any requests the defendant makes, while protecting your legal rights.
For more information about legal issues related to car accidents or to discuss the potential of a claim you believe you have, speak with an experienced Las Vegas personal injury attorney. The legal team at De Castroverde Law Group can explain your legal options to you.
Friday, May 15, 2015
When you or a loved one has been injured by the negligence or deliberate actions of another, you are going to need legal help. You should contact a personal injury lawyer to help you obtain justice and the financial compensation that you deserve. However, how do you find a good personal injury lawyer in Las Vegas? Here are some tips:
Do Your Homework
- Ask Around for Referrals. Choosing a personal injury lawyer is a tough decision, and it never hurts to ask your friends, colleagues, and acquaintances for a recommendation. Chances are good that if your friend had a satisfactory experience with his or her personal injury lawyer, you can too. Also, if you know a lawyer, but the lawyer doesn’t practice personal injury law, there is a good chance that he or she knows a good personal injury lawyer and can give you a referral.
- Do Some Online Research. Doing some online research about prospective personal injury lawyers could inform you about the lawyer’s reputation. Has the lawyer won awards? Does the lawyer have good or bad reviews? Does it seem like the lawyer is held in high esteem in the legal community? These are all good indicators of whether a personal injury lawyer is worth his or her salt.
What You Should Look For in A Good Personal Injury Lawyer
There are a number of qualities that define a good personal injury lawyer that you can easily learn about any prospective personal injury lawyers that you are considering hiring for your injury claim. Here are some good qualities to look for:
- Years Of Experience. When hiring a personal injury attorney, you want someone who has years of experience in handling personal injury claims for victims just like you. Someone who has years of experience will have a familiarity with the personal injury claim process, the court system, settlement negotiations. He or she will be able to identify potential pitfalls in your case and will be equipped to offer you thoughtful, relevant advice specific to your case.
- Area of Specialty. Its important to find a personal injury lawyer that actually dedicates a significant portion of his or her practice to personal injury law. Finding a personal injury lawyer that specializes in personal injury law is going to have the skills, knowledge, and expertise you need when fighting for your rights.
- Proven Track Record. A proven track record of success and satisfied clients is a good indication that the personal injury lawyer is competent, effective, and skilled.
- Strong Support Structure. You want a personal injury lawyer that has a strong support team behind him or her. While you want one lawyer to primarily handle your case, a good personal injury lawyer often has good people helping them build your strongest possible case.
When you have suffered a personal injury, you’ll need the peace of mind that comes with hiring a good personal injury attorney as you heal and recover. Our team of experienced personal injury lawyers at De Castroverde Law Group knows what it takes to help you recover compensation for your injuries.
Tuesday, May 12, 2015
Medical malpractice occurs when a doctor or other healthcare professional acts negligently while providing care to a patient, which results in harm to the patient. Medical malpractice claims often arise because the medical practitioner made a mistake by failing to adhere to a reasonable standard of care. Below is a list of the five most common medical malpractice errors.
- Child Birth Injuries. A number of things can go wrong when a doctor, nurse, or midwife is negligent during childbirth that can result in injuries to the baby, the mother, or both. Childbirth injuries often fall into one of two classifications:
- Negligent Prenatal Care. During pregnancy, if negligent medical care is provided to the mother, it can have case significant problems for the baby and the mother. Most often, doctors fail to identify birth defects of the child, ectopic pregnancies, or a medical condition that the mother has that could complicate the birth, such as a contagious disease, hypoglycemia, gestational diabetes, or anemia.
- Negligence During Delivery. Failure to recognize potential birth complications, such as tangled umbilical cords or conditions that cause fetal distress, can cause brain damage or cerebral palsy. Physical injuries can occur if a doctor negligently pulls on the baby with too much force, which could cause spinal cord, nerve or brain damage, bone breaks, and fractures.
Errors During Anesthesia. An anesthesiologist can be considered negligent if he or she fails to clearly instruct a patient on the importance of following all pre-operative instructions, or fails to consider a patient's full medical history for potential complications. Similarly, failing to administer enough anesthesia, administering too much, and/or not monitoring the patient’s vital signs can be considered medical negligence as well.
Errors During Surgery. During an operation or surgery, many mistakes could be made that result in harm to the patient. Accidental injury to organs and tissues that are not subject to the surgery, or performing the operation on the incorrect body part are common medical malpractice claims based on surgical errors. Some medical negligence occurring during surgery may not be readily apparent post-operation and may take years to discover, as in the case of an implement or surgical tool being left in the body of a patient.
Misdiagnosis or Delayed Diagnosis. Failing to make a timely diagnosis of a condition is a common medical malpractice claim because the patient could have been obtaining treatment if the correct diagnosis were made sooner.
Medication Errors. Medication errors can occur at many levels of the prescription process. The doctor could make a mistake when writing a patient a prescription, making it for the wrong drug or wrong dosage. The pharmacist or pharmacy technician could also make the same mistake when filling the prescription, or may make a mistake reading the script due to a doctor’s poor handwriting. Sometimes, a patient’s medication is switched with another patient’s medication, which can cause harm if no one notices the mistake and the wrong person takes the incorrect medication.
If you believe that you have been the victim of medical malpractice or medical negligence, reach out to the experienced personal injury lawyers at De Castroverde Law Group.
Friday, May 8, 2015
Motorcycles offer an affordable, fuel-efficient, and fun mode of transportation. However, motorcycles can be a more dangerous form of transportation than cars and other motor vehicles because there is little to protect a motorcyclist in the event of an accident. Motorcycles lack seatbelts and crumple zones, and are small in size, making the consequences of an accident often very severe. The best way to reduce risk to motorcycle riders is to practice safe motorcycle riding at all times.
The best way to avoid being involved in a motorcycle accident is to take precautionary measures and safety steps to prevent motorcycle accidents from happening in the first place. Below are some helpful tips for motorcyclists and other drivers for preventing motorcycle accidents.
Safety Tips for Motorcyclists
- Get Educated. Take a motorcycle safety course or a basic rider course if you are new to motorcycling.
- Use Safety Gear. Wear safety gear, clothing, and bright colors while riding, even if it isn’t required by law. All motorcycle riders in Nevada are required by law to wear helmets.
- Be Prepared. Always be prepared to take evasive action. One of the leading causes of injury to motorcyclists is other drivers on the road.
- Use Reasonable Speed. Always approach curves in the road and areas with poor visibility at a reasonable rate of speed. There could be loose gravel or other slick conditions on the roadway that could cause you to lose control of your bike. Once you know that conditions are safe, you can gain speed and enjoy your ride.
- Use Extreme Caution When New to Motorcycling. When you lack experience in riding, exercise extreme caution until you get a feel for what you are doing and what your bike can handle.
- Proper Maintenance. Conduct regular maintenance on your bike, or have it checked, to make sure it is in proper working condition, and no parts are at risk of failing.
- Don’t Drink Alcohol. Don’t drink and ride your motorcycle. Nearly half of all motorcycle accidents resulting in death involve alcohol. Motorcycles require a certain level of concentration and attentiveness to drive safely, and alcohol impairment can seriously endanger your life and the lives of others.
Safety Tips for Other Drivers
- Remain Attentive. Remain vigilant and attentive when driving, and specifically look for motorcyclists. Driving among other cars, trucks, and large motor vehicles has a tendency to desensitize drivers to the presence of motorcyclists.
- Check Your Blind Spots. Motorcycles are small compared to other motorized vehicles and they can easily disappear into blind spots. Use all of your mirrors to check for nearby motorcyclists, and even glance over your shoulder if necessary to check that the lane is clear of motorcyclists.
- Give Motorcyclists Space. Don’t ever tailgate motorcyclists. Instead, try to provide them with enough room on the roadway to safely ride.
If you have been involved in a motorcycle accident, you may be able to recovery for your injuries. Our family-run Las Vegas law firm aggressively represents Nevada motorcycle accident victims, and we may be able to help you.
Tuesday, May 5, 2015
Las Vegas is a hotspot for the use of excessive force activity. Police officers and private security personnel, such as bouncers at nightclubs and casino or hotel security, are the most likely culprits of using excessive force. This is because these individuals have a job to do, and therefore, they sometimes take things too far. Not only can the use of excessive force cause injuries to the victim, but the use of excessive force could even cause the death of a victim.
What Is Excessive Force?
It is important to note that law enforcement officers and other professionals whose jobs involve security or the removal of unruly patrons from the premises can legally use force to control the actions of another by intentionally causing the victim pain or injury. However, this can only be exercised to a reasonable and justified degree based on the circumstances. Too much force that is unnecessary is when an excessive use of force comes into play. It is the use of force against the victim that goes above and beyond what is needed to control the situation. Excessive force can take many forms, some of which include:
- Excessive use of physical force. This can include unwarranted hitting, striking, assaulting, or battering of a victim. The unnecessary use of a gun, or threatening to shoot a victim, in addition to misuse of other control-type arms, such as batons or tasers, can be an excessive use of force when it is unreasonable, unjustified or unwarranted. If a victim is fully cooperating, there is no need to use further force since the victim has been subdued.
- Unnecessary use of physical restraints. Unreasonably handcuffing a victim’s wrist, especially after the victim has agreed to cooperate, and is in fact cooperating, is an excessive use of force in addition to humiliating. Holding a victim down after he or she has been cuffed is an unnecessary use of force, and can cause positional asphyxiation, which can kill the victim.
- Improper use of chemical agents. Sometimes chemical agents, such as pepper spray, are used to control situations that get out of hand. Chemical agents are supposed to be used as defensive measures for when the victim is acting aggressively and cannot be calmed by words or other means. Most people have a good sense as to when the use of chemical agents is simply too much force in light of the situation. Chemical agents can be dangerous, especially if the victim has a particular sensitivity or is allergic to the substance.
- Unnecessary verbal abuse. There is no need for verbal abuse, even if a situation is a little heated. Use of racial or ethnic slurs or epithets is completely unnecessary and can be considered an impermissible excessive use of force.
If you or a loved one has been the victim of excessive force resulting in personal injuries, you should contact an experienced personal injury lawyer immediately. Our team of experienced personal injury lawyers at De Castroverde Law Group helps victims of use of excessive force claims get compensation for their injuries that they deserve.