Smart Tips for Winter Driving

If you are planning to take a long distance trip this winter, it’s important that you properly prepare before leaving and make smart choices while on the road. Read our tips to help keep you and your loved ones safe while traveling during the winter season!

Preparing for Your Trip

• Perform routine maintenance on the car and get your tires checked
• Get your windshield washer fluid and antifreeze refilled before leaving
• Charge your cell phone battery and pack a charger that can be used in the car
• Put an emergency kit in the trunk that includes a flashlight and extra batteries
• Pack extra blankets, jackets, boots, and gloves
• Pack chains if there is a chance that snow could fall on your route
• Have a list of emergency numbers, including AAA
• Map out your route and plan for traffic and inclement weather
• Inform someone of your destination, planned route, and estimated arrival time
• Pack plenty of snacks and water bottles for you and your passengers
• Get a good night’s sleep the night before leaving
• Give yourself plenty of time to reach your destination

Stay Safe While Driving in the Snow

• Check weather reports before leaving and delay your trip if especially bad weather is expected
• Try to have at least half a tank of gasoline at all times
• Before leaving, clear all snow and ice from the vehicle’s windows, mirrors, lights, hood, and roof
• Never text or use your phone while behind the wheel
• Reduce your speed any time you are driving in wintry conditions and take turns slowly
• Accelerate and decelerate slowly when driving in the snow
• Increase the distance between your car and the vehicle in front of you
• Be sure to turn on your headlights when necessary
• Stay extra alert to other vehicles hitting the brakes or changing lanes and give yourself plenty of space so that you have time to react
• Do not use cruise control when driving on icy or slippery roads
• Keep in mind that exit ramps may be slicker than the highways, and be cautious when exiting
• If your car stalls or you are snowbound, stay in your vehicle for shelter, turn on your hazard lights, and tie a brightly colored cloth to your antenna
• Make sure your exhaust pipe is never blocked by snow, ice, or mud

Read our additional tips for staying safe while driving during the holidays!

If you are involved in a collision during your travels, turn on your hazard lights and try to move to the side of the road. Call 911 and if it is safe to do so, take pictures of the scene and get the other driver’s information. It is important to stay calm so that you can think clearly and make smart decisions.

De Castroverde Law Group is a family-run law firm in Las Vegas that provides outstanding representation to accident victims in Nevada. Contact our firm to learn about your legal options if you were hurt in a car accident. 

An Overview of Felony Crimes in Nevada

The most serious criminal offenses in Nevada are charged as felonies. Felony crimes carry much harsher sentencing than misdemeanors and are punishable by a minimum term of 1 year in prison.

Felonies are classified into five categories, with Category A crimes being the most serious offenses and Category E offenses being the least serious type of felonies. Examples of the various crimes charged under the different felony categories include:

• Category A: First and second-degree murder, first-degree kidnapping, use or promotion of a child in pornography, and sexual assault
• Category B: Voluntary manslaughter, home invasion, robbery, and second-degree kidnapping
• Category C: Grand larceny of goods valued between $650 and $3,500, violating an extended order of protection, and a third offense of battery domestic violence
• Category D: Involuntary manslaughter, third-degree arson, unpaid casino markers, and forgery
• Category E: Criminal gang recruitment, peeping with a camera or recorder, and soliciting a child prostitute

Penalties for Felony Offenses

Each category of felony carries a different set of possible penalties according to state law. Regardless of the specific crime, anyone convicted of a felony in Nevada will be sentenced to a minimum of 1 year in prison, though the maximum sentencing will differ depending on the offense.

According to NRS 193.130, standard sentencing for a felony conviction is as follows:

• Category A Felony: the death penalty, life in prison without parole, or life in prison with the chance of parole
• Category B Felony: a minimum term of 1 year to a maximum of 20 years in prison and a fine
• Category C Felony: a minimum term of 1 year to a maximum of 5 years in prison and a fine up to $10,000
• Category D Felony: a minimum term of 1 year to a maximum of 4 years in prison and a fine up to $5,000
• Category E Felony: a minimum term of 1 year to a maximum of 4 years in prison and a fine up to $5,000; in some cases the court may suspend the sentence and grant probation

As with any crime, felony charges must be brought against a defendant within the statute of limitations. The length of time allowed for prosecution of a felony will vary depending upon the crime, although certain offenses, such as homicide, have no statute of limitations.

Having any felony conviction on your record can negatively impact all areas of your life. Prior felony convictions could be used against you in future cases and result in additional penalties under Nevada’s habitual offenders law (NRS 207.010). If you are accused of a felony offense in Las Vegas or elsewhere in Clark County, retain the defense of De Castroverde Law Group as soon as possible.

Our experienced and accomplished Las Vegas criminal defense attorneys have successfully handled felony cases throughout the state and can aggressively fight your charges. Call (702) 222-9999 to learn how you can benefit from the defense of De Castroverde Law Group.

Orlando De Castroverde Selected for The National Trial Lawyers: Top 100 Trial Lawyers

Our firm is proud to announce that Orlando De Castroverde has been chosen for The National Trial Lawyers: Top 100 Trial Lawyers. This is an immense honor which highlights Attorney De Castroverde’s legal skill and professional accomplishments.  

The National Trial Lawyers is a respected organization that operates on an invitation-only basis. It is comprised of the top trial lawyers from each state and membership is extended only to those who meet rigorous qualifications. The acceptance process is extensive and uses peer nominations and third-party research to ensure that only the most qualified attorneys are chosen for the Top 100 Trial Lawyers.  

The members of this prestigious organization display exceptional leadership, reputation, influence, and stature qualities. The National Trial Lawyers serves as a fundamental resource for accredited trial lawyers in all of the 50 states. Members receive invaluable advantages over their competition by way of networking opportunities and CLE programs.

Attorney Orlando De Castroverde is more than deserving of inclusion in The National Trial Lawyers: Top 100 Trial Lawyers. In 2014, he was included in Desert Companion Top Lawyers for criminal defense and was also awarded the Legal Elite Seal by Nevada Business Magazine.

Early in his career, Attorney De Castroverde was part of the defense team that achieved the first ever Not Guilty verdict for a casino marker case in Las Vegas, a result which set a precedent for similar cases. Attorney De Castroverde has continued to provide excellent representation to clients throughout Clark County and focuses his practice on the areas of Criminal Defense and Personal Injury.

In 2005, he partnered with his brother, Attorney Alex De Castroverde, to form De Castroverde Law Group. In less than a decade this family-run firm has grown from three attorneys to seven and nearly twenty support staff. With more than a decade of legal experience, Attorney De Castroverde provides every client with the effective and resourceful representation needed to achieve the best possible case result.

Congratulations to Attorney Orlando De Castroverde on being chosen for the prestigious group of The National Trial Lawyers: Top 100 Trial Lawyers! To learn how our Las Vegas firm can help with your case, visit www.decastroverde.com

Who is Liable in an Uber Accident?

Over the last year Uber has become a very popular mode of transportation in Las Vegas for residents and visitors alike. Uber is a ride-sharing service that contracts drivers to use their own personal vehicles to pick up passengers hailing their services through the use of a smartphone app.

Uber drivers must meet certain standards upheld by the company before being contracted, and must operate in a standard outlined by Uber. The company’s app is easy to use, drivers arrive quickly, and the pricing is straightforward. However, given the unique nature of its services, who is liable for damages in the event of a collision?

The Impact of ‘Ride-Sharing’ on Insurance Coverage

The practice of ride-sharing used by Uber means that a passenger is held to the standards of the driver’s insurance company for compensation in an accident. In contrast, a traditional taxi service provides the passenger with the comfort of knowing their driver is covered by the taxicab company’s insurance policy. Uber drivers are independently contracted and not required to use the ride-sharing company’s insurance.

In the event of an accident, Uber passengers, other motorists, and pedestrians could have their claims denied by the insurance companies. The reasons why compensation may be denied can include:

• Most personal insurance policies do not cover ride-sharing
• Personal insurance policies may not cover the injuries that were sustained
• Additional coverage touted by ride-sharing companies often does not cover all types of injuries
• The company’s policy may not cover drivers that are involved in accidents when they are not carrying passengers, because they are not actually “on-the-clock”

While it should be the responsibility of Uber to cover damages and injuries that result when a contracted driver causes a collision, there is no guarantee that the company will cover the victims’ expenses. In many instances, victims can be left to deal with costly injuries on their own while their personal insurance providers and Uber’s insurance providers argue over who should pay. 

If you or a loved one has been injured in an Uber accident in Las Vegas or Clark County, it’s important to know that you have legal rights. At De Castroverde Law Group we believe that Uber should take responsibility when their drivers cause collisions, and we can help you fight for fair compensation for your injuries and losses. Get in touch with our Las Vegas personal injury law firm today to discuss your legal options - call (702) 222-9999. 

The Danger of Jackknife Accidents

Jackknifing can sometimes occur on vehicles with attached trailers, such as semi-trucks and commercial trucks with hitches. When a vehicle jackknifes, the wheels on the truck lock due to severe braking or sudden deceleration. The trailer then swings out to one side, often crossing through many lanes of traffic and hitting other vehicles.

When a truck jackknifes, there is also a high risk that it will rollover and cause even further damage to other vehicles. Jackknife accidents can be caused by a number of different factors, including:

• Skidding on the roadway
• Failure of vehicle parts
• Improper use of the brakes
• Dangerous road conditions
• Truck driver error

Compensation for Victims of Jackknife Accidents

Due to the vast size and weight of commercial trucks, victims of jackknife accidents often sustain severe injuries. In many cases, these accidents are caused by negligence on the part of the truck driver or trucking company. Victims and their families are able to seek compensation for their losses and hold the responsible parties liable under personal injury law.

Depending upon the circumstances involved in the accident, numerous parties could be held liable, such as:

• The truck driver
• The owner of the truck
• The shipper of the cargo
• The company that leased the truck for use
• The maker of the truck and the truck components
• The mechanic or maintenance company that worked on the truck

If you or a loved one has been involved in a jackknife accident in Nevada, you are entitled to compensation for your injuries and damages.

De Castroverde Law Group is a family-fun law firm in Las Vegas that is dedicated to recovering the full compensation accident victims need and deserve. Contact our team as soon as possible to discuss your case and learn how we can fight for you!

Juvenile Crimes in Nevada

Everyone makes mistakes, and this is especially true of children and teenagers. In some cases, a young person’s mistakes can lead to criminal charges. 

Finding out that your child has been arrested is overwhelming for any parent, but knowing what to expect throughout the process can help ease your anxiety.

Nevada Juvenile Court Procedure

According to Nevada law, anyone less than 18 years old is categorized as a minor. When a minor is arrested, they will be processed through the juvenile court system, which generally focuses more on rehabilitation than incarceration.

When a minor is arrested, procedure will follow these steps:

1. Initial arrest if a police officer feels the child has committed a crime
2. Immediate parental notification of the child’s arrest and the involvement of a probation officer
3. Release of the child to the parent with the agreement to bring the child to court
4. Attorney appointed by the court or hired by the parents to represent the child
5. Trial to determine whether or not the child committed a crime and sentencing
6. Completion of the sentencing, which may include fines, community service, driver’s license suspension, course in human development, or incarceration

Depending upon the offense, sentencing options can be as light as a verbal warning or as serious as time in a juvenile detention facility. Sending a child to prison is generally reserved for cases when alternative sentencing methods would be ineffective in preventing the crime from occurring again. As with any criminal case in Nevada, a child convicted in juvenile court has the right to appeal the judge’s sentencing.

The Impact of Juvenile Criminal Records

One of the biggest concerns for parents is how their child’s criminal conviction may affect their ability to get into college, future employment potential, and other opportunities. Typically juvenile offenders automatically have their records sealed when they are 21, unless they committed a serious offense.

Many offenders that committed crimes in their youth are able to have their records sealed or expunged, meaning that schools and employers will not be able to access this information. An expunged record means that the crime never existed in the eyes of the law. A sealed record means that the only time the record can be viewed is with the permission of the court.

Going through the juvenile court system can be frightening, and it’s important to have the representation of a proven law firm. The experienced criminal defense attorneys at De Castroverde Law Group can help ensure the best possible outcome for your child’s juvenile crime case in Las Vegas. Contact our family-run law firm to learn how we can help!

Common Causes of Bicycle Accidents

Bicycles can be a great alternative to driving a car or taking a bus around town. Many cities encourage biking to reduce the number of vehicles on the road, and provide bike lanes to keep cyclists safe as they travel.

Despite cities taking initiatives to try to reduce the number of bicycle accidents, collisions between cyclists and drivers continue to occur each day. And tragically, the majority of these accidents are caused by driver negligence or recklessness.

Understanding the most common causes of bicycle accidents can help cyclists and motorists alike take precautions to prevent these devastating collisions. Some of the most common causes of bicycle accidents include:

• Driver does not see the cyclist and makes a left turn
• Driver passes on the left of the cyclist and then makes a right turn into the cyclist’s path
• Driver in a stopped car opens their door into the path of an oncoming cyclist
• Driver enters or exits a driveway or parking lot without first checking for passing cyclists
• Driver strikes a cyclist from behind, usually when traveling around a bend in the road
• Driver makes a left-hand turn without checking for cyclists traveling straight through the intersection

Bicycle accidents often result in serious injuries, so it is imperative that both cyclists and motorists do their part to prevent collisions. Cyclists can help prevent collisions by maximizing their visibility by wearing reflective clothing and attaching lights to their bikes, taking extra precaution when approaching intersections and parking lot entrances, and following all traffic laws. Motorists should constantly be on the lookout for cyclists, check carefully before turning, and make sure that they always share the road with cyclists.

With the increasing popularity of cycling, it is important that motorists and cyclists learn to coexist on the road. If you or a loved one has been harmed in a bicycle accident caused by a negligent motorist, you may be able to seek compensation for your injuries and losses by filing a personal injury claim.

De Castroverde Law Group is a family-run firm that is dedicated to helping accident victims obtain justice, and we can help if you have been injured in the Las Vegas area. Contact our firm to learn about your rights as the victim of a bicycle accident. 

Habitual Offenders: Penalties in Nevada

In Nevada, a person who has been convicted of at least two other felony offenses can be sentenced to additional time in prison if they are found guilty of another felony crime. Under NRS 207.010, designation as a habitual criminal will result in harsher sentencing for any further charges.

If a defendant has been convicted of other felonies, either in Nevada or anywhere else, they face additional prison time based upon the number of previous felony convictions on their record.  

• If convicted of two felonies previously, the defendant will be punished for a category B felony by incarceration in state prison for 5 to 20 years.
• If convicted of three felonies previously, the defendant will be punished for a category A felony by incarceration in state prison for: 
• Life without the possibility of parole;
• Life with the possibility for parole after 10 years served; or
• 25 years with possibility for parole after 10 years served.

Importance of Enlisting Strong Defense

The district attorney can choose whether to file habitual offender charges against the defendant, but the judge can also choose to throw these charges out. Additionally, the defendant can challenge the habitual offender charge, even if they are convicted of the latest felony. The court must then hold a hearing on the matter to determine whether the defendant should receive habitual offender designation.  

Habitual offender charges can result in excessive prison time, which is why it is crucial for a defendant to retain the representation of an experienced and effective defense attorney. De Castroverde Law Group prides itself on providing clients in Las Vegas with smart and aggressive defense against all types of misdemeanor and felony charges. If you or a loved one is facing habitual offender charges in Clark County, call (702) 222-9999 to learn how this skilled family-run firm can fight for you!

Negligent Security & Premises Liability

In Nevada, casinos, hotels, clubs, restaurants, bars, stores, and all other commercial establishments are required to ensure the safety of their guests. 

Under premises liability law, property owners have a responsibility to protect guests, patrons, employees, and visitors from potential hazards on their properties. This means that in addition to preventing accidents like slip and falls, owners of commercial establishments must also make sure that their premises have sufficient security to keep all visitors safe from assault and other types of violence. 

Victims have the right to file premises liability claims against commercial establishments that failed to ensure their safety because of a lack of security.

What types of security should commercial establishments have?

Property owners must take reasonable precaution to prevent violent crimes from taking place on their premises. Steps commercial establishments should take to protect visitors and prevent crime include:

• Installing surveillance cameras
• Keeping all areas well-lit
• Properly training all security guards and bouncers
• Hiring enough security guards to patrol the whole premises
• Restricting access to areas that are reserved for patrons
• Installing strong door and window locks

In order to have grounds for a claim, the victim must be able to prove that the attack could have been prevented if proper security measures were in place. It is important to hire an experienced lawyer who can prove to the court that the property owner did not take reasonable care to ensure visitors’ safety by failing to provide adequate security.

If you or a loved one was the victim of a violent crime due to negligent security at a Las Vegas establishment, contact De Castroverde Law Group. Our family-run firm believes that every victim deserves justice and fair compensation for their injuries, and we may be able to advocate for you. Call our team to learn about your legal options! 

Underage Drunk Driving in Nevada

In Nevada, underage drivers who are caught operating their vehicles with even a small amount of alcohol in their systems can face serious consequences under NRS 484C.350. As per state law, a person under the age of 21 can be charged with driving under the influence if their BAC measures .02% or higher.

Nevada’s zero tolerance policy will result in arrest for any underage driver with a BAC of .02% or more, regardless of whether they are intoxicated. If you or a loved one has been charged with an under 21 DUI, it’s important to enlist the defense of a skilled attorney who can help you fight the charges and serious consequences. Penalties for underage DUI include:

• First Offense: 2 days to 6 months of jail time, $400-$1000 in fines, 90 day license suspension, and a mandatory evaluation to determine if they have a substance abuse problem
• Second Offense: 10 days to 6 months of jail time, $750-$1000 in fines, and a 90 day license suspension

Aside from the legal penalties, if you are charged with underage drunk driving you could also face suspension or expulsion from your high school or college. Additionally, your insurance rates will increase significantly with a DUI arrest on your record.

Fighting Under 21 DUI Charges

Being arrested for DUI does not mean that you will automatically be convicted; you have the right to fight your charges. Depending on the specifics of your case, there may be a number of different defenses you can use to challenge the charges and evidence. Possible defenses for under 21 DUI charges include:

• The traffic stop was done without legal justification
• The breath test equipment that the officer used was faulty
• Outside factors negatively impacted your ability to perform the field sobriety test
• You were not drinking alcohol and something else caused the BAC reading

Make sure you hire an attorney who has the experience and skill needed to effectively fight your charges. At De Castroverde Law Group we provide aggressive defense for clients charged with all types of DUI offenses in Las Vegas. Contact our team today to learn how we can protect your rights and fight for you!

Premises Liability: Who is at Fault?

It is a property owner’s responsibility to ensure the safety of all those that enter their property. When a person visits another’s property, they are doing so under the reasonable assumption that the owner or manager has taken necessary action to prevent dangerous situations from occurring.

Premises liability law seeks to ensure that stores, homes, buildings, retail shops, outlets, restaurants, and other facilities are kept safe for public and private use. Property owners are required to provide safe conditions for visitors and patrons, in addition to warning of any potential hazards present on their property.  

Property Owner Carries Majority of Responsibility

An owner can be held liable for any injuries that occur on their property if they knew of the potential hazard, or should have known of the hazard, but did not make a reasonable effort to fix the problem. Property owners may also be required to provide reasonable warnings to potential trespassers for any hazardous conditions on their property that may not be obvious or visible.

For example, a property owner could be held liable for any injuries that occur on their premises because of:

• Broken hand rails
• Wet floor
• Poor lighting
• Lack of security
• Cracked sidewalk
• Exposed electrical wires
• Hazardous materials

Comparative Fault in Premises Liability

Comparative fault refers to when both the property owner and the visitor share fault for the injury, often because the visitor failed to exercise expected care for their own safety. In other words, their actions may have contributed to their injury in some way. An example would be if a visitor cut their leg on the sharp corner of a shelf in a grocery store, but did so while chasing a friend through the aisles. In these incidents, the monetary recovery for the injuries can be reduced by the percentage of the visitor’s liability for the accident.

Standard comparative fault laws do not usually apply when a premises liability case involves injuries to a child. Because young children are typically unable to recognize potentially dangerous situations, the law does not hold them liable, even if their injuries were caused in part by their own negligence. For example, it is an owner’s responsibility to install a fence around their pool and keep the area locked securely. If an owner does not install a fence and a child wanders onto the property and drowns in the pool, the owner would be liable.

Know Your Options

If you or a family member was injured on another person’s property because the owner was negligent, you may be entitled to compensation under premises liability law. De Castroverde Law Group represents injury victims in Las Vegas, and we may be able to help you seek justice. Contact our experienced premises liability attorneys to learn about your rights and options if you were injured in Clark County. 

DUI Causing Injury or Death

If a person drives under the influence in Nevada, according to state law they will likely be charged with a misdemeanor if it is a first offense and there were no aggravating factors involved. However, if the DUI resulted in an accident that caused another person to be severely injured or killed, the driver will face serious felony charges.

A driver can be charged under NRS 484C.430 if, while under the influence of alcohol or drugs and in actual physical control of a vehicle, their action or failure to act proximately caused the death of or serious bodily harm to another person.

DUI causing death or bodily harm is charged as a category B felony. If convicted of this offense, the possible penalties include:

• Incarceration in state prison for 2-20 years
• Fines between $2,000 and $5,000

If the defendant has previous DUI convictions, they may receive a more severe sentence.  

Fight Felony DUI Charges

The defendant can only be convicted of this felony offense if the prosecution can prove their guilt beyond a reasonable doubt. With the defense of an experienced and skilled legal team, however, the defendant can challenge the prosecution’s evidence and fight to have their charges reduced or even dropped.

Possible defenses to DUI causing injury or death include:

• The injury or death was not a result of intoxicated driving but an outside factor
• Police misconduct occurred during the arrest
• The equipment used to test the driver’s level of intoxication was faulty
• The driver was not under the influence of drugs or alcohol

If you or a loved one is charged with DUI causing injury or death or another felony offense in the Las Vegas area, call De Castroverde Law Group to speak with our proven defense team. At our family-run firm, we are committed to aggressively defending clients’ rights and interests while providing the outstanding representation they deserve. Contact our team today to learn how we can fight your felony DUI charges. 

Understanding Reckless Endangerment Charges

Under NRS 202.595, reckless endangerment is a broad offense that consists of any act that has the potential to cause harm to another person. A person can be charged with reckless endangerment for something as serious as domestic violence or as common and seemingly minor as jaywalking across a street.

No serious harm or injury needs to occur, but the person must show a disregard for possible consequences in order to be charged with reckless endangerment.

Potential penalties for reckless endangerment include:

• Up to $2,000 in fines and 364 days in jail for incidents that do not result in bodily harm or death; or
• Up to $10,000 in fines and 1 to 5 years in prison for incidents that resulted in death or bodily harm.

What to Do if You're Charged with Reckless Endangerment

The first step you should take after being charged with reckless endangerment is to hire an experienced criminal defense lawyer. The prosecutor must prove to the court that the action was done in wanton disregard of any potential consequences. Because reckless endangerment usually depends upon the subjective opinions of law enforcement officers and what they believe to be a purposeful action, these charges can often be challenged.

Your attorney can show the court that the arresting officer’s subjective interpretation was flawed. Additionally, your attorney may be able to negotiate a lesser charge for your reckless endangerment case. If no one was harmed by your alleged offense, you may be able to plea down your charges to breaching the peace, which carries much lighter penalties.

Possible Defenses

Some common defenses for reckless endangerment include:

• Mistaken identity from the officer and witnesses
• No posed threat actually occurred
• Witness testimony is flawed
• Behavior was accidental and the individual did not recognize harm
• Negligent behavior

Reckless endangerment charges are based upon whether the defendant intentionally disregarded the safety of others. If your lawyer can prove that you acted without understanding the potentially dangerous consequences, then no real disregard of the consequences occurred. The court would be unable to find you guilty of reckless endangerment if you were unaware of the potential danger of your behavior. 

If you have been charged with reckless endangerment in Clark County, act now to begin building your defense. Our experienced Las Vegas criminal lawyers at De Castroverde Law Group can help you fight these serious charges. Contact our proven family-run law firm today!

Taxi Cab Accidents – Know Your Options

At any given time in Las Vegas, there are countless taxi cabs lining the streets. The number of cabs on the roads greatly increases the likelihood that these vehicles will be involved in collisions. When taxi cabs are involved in accidents, victims have the right to file claims against the cab drivers and their employers.  

If you were hurt in an accident caused by a negligent taxi cab driver, you can seek compensation under personal injury law. The claim you file will depend heavily on the type of accident that occurred and the extent of your injuries. Were you a pedestrian on the crosswalk? Were you hit from behind by a taxi cab? Were you a passenger in the crashed cab? Were your injuries minor or severe? Regardless of the specifics of your case, it is crucial that you talk to an attorney about your legal options as soon as possible.  

If you are involved in a taxi cab accident, make sure you do the following:  

• Get names and contact information of any drivers involved and any witnesses present
• Take pictures of the accident scene and cars involved
• Call the police to have the accident officially recorded
• Get a copy of the doctor’s diagnosis of your injuries and keep track of any medical expenses
• Do not talk to the taxi cab company’s insurance provider until you've discussed your case with a lawyer

If you or a loved one has been injured in a taxi cab accident in the Las Vegas area, don’t hesitate to contact our experienced personal injury lawyers at De Castroverde Law Group. We are dedicated to recovering maximum compensation for victims, and we represent both local residents and out-town-visitors that have been injured in Las Vegas.

Let our family take care of yours – call De Castroverde Law Group today to learn how you can seek justice for your injuries and losses.

What is Grand Larceny?

In the state of Nevada, charges for larceny vary based upon the value of the property taken. 

Under NRS 205.220, the crime of grand larceny is defined as purposefully stealing, taking, carrying, leading, or driving away the property of another person valued at $650 or more, with the intention of defrauding, stealing, appropriating, or preventing identification of the property.

Examples of grand larceny include:

• Taking a car without permission
• Removing furniture from a hotel room
• Withdrawing money from someone else’s bank account
• Taking another person’s livestock  or pets
• Taking items from a store without paying

Because the offense of larceny is categorized by the value of the property stolen, crimes such as shoplifting can be charged as either grand larceny or petit larceny. For example, if a person steals a bracelet worth $900 from a jewelry store, they will be charged with grand larceny. However, if a person steals a $50 sweater from a department store, their shoplifting offense will be charged as petit larceny.

Penalties for Grand Larceny

Grand larceny is a felony offense, but the specific charges and penalties differ based upon the value of the property stolen.  

Property Valued Between $650 - $3,500
This offense is a category C felony and carries a possible sentence of:

• Restitution for stolen items;
• 1-5 years in prison; and
• Fines up to $10,000.

Property Valued Higher Than $3,500

This offense is a category B felony and carries a possible sentence of:

• Restitution for stolen items;
• 1-10 years in prison; and
• Fine up to $10,000.

If you are facing these serious felony charges, get an experienced criminal defense attorney on your side right away. The seasoned Las Vegas lawyers at De Castroverde Law Group have defended clients against all types of misdemeanor and felony theft charges, and we can fight for you. Don’t wait to schedule a consultation with our knowledgeable team to learn about your options!

Defining Catastrophic Injuries

Catastrophic injuries are defined as severe physical or mental injuries that prevent victims from being able to support themselves financially. 

Sometimes these injuries are short-lived, and other times the effects of catastrophic injuries impact the victims for the rest of their lives.

Common types of catastrophic injuries include:

• Traumatic brain injury
• Spinal cord injury
• Severe burns
• Internal organ damage
• Dismemberment
• Paralysis

Catastrophic injuries can be caused by vehicle or workplace accidents, violent crimes, medical malpractice, defective products, and other acts of negligence.

Seeking Justice for Catastrophic Injuries

Those that sustain catastrophic injuries typically require financial assistance during the process of recovery and rehabilitation, as well as to help with everyday life expenses. Victims and their families can seek compensation from the responsible parties under personal injury law.

The amount of compensation a victim receives will be based upon such factors as:

• Ability to work after the accident
• How the accident affected independent living
• If physical therapy can improve the condition
• Disability coverage that will be provided
• Current medical bills
• Cost of rehabilitation
• Need for life care planning

For severe and permanent injuries, life care planning may be necessary. Life care planning will analyze what goods and services will be needed over the person’s lifetime as a direct result of a catastrophic injury. Various factors, including the unique challenges faced by the victim and their family, are considered when determining what medical, emotional, psychological, and rehabilitation needs will be covered in the settlement.

If you or a loved one has sustained a catastrophic injury in the Las Vegas area, our team at De Castroverde Law Group can help you determine your rights and legal options. We are dedicated to helping victims and their families recover the full compensation they deserve. Contact our experienced personal injury lawyers to find out how you can seek justice for your suffering and losses. 

Truck Accidents – Common Causes

When passenger vehicles are involved in collisions with big rigs, 18-wheelers, and other large commercial trucks, the damage is usually severe. Because of the great weight and size of these vehicles, truck drivers must meet tougher requirements to get their commercial licenses and are held to higher standards.

Despite this, truck accidents are often caused by negligence on the part of the truck driver or the trucking company. In fact, the Federal Motor Carrier Safety Administration (FMCSA) found that truck drivers are ten times more likely to be the cause of crashes than other factors like road and weather conditions or vehicle performance. A study by the FMCSA also determined that truck driver action or inaction was the critical cause of 88% of accidents.

While there are various factors involved in any truck accident, some of the most common causes include:

Driver Fatigue
Truckers work long hours and are usually under intense pressure to meet scheduling deadlines. Despite the FMCSA’s strict regulations for the number of hours that drivers can spend on the road at a time, many truckers violate these rules and stay behind the wheel for extremely long time periods. Fatigue can have the same impact upon a driver as being under the influence of alcohol or drugs, and often severely impacts a driver’s ability to safely operate the truck.

Driver Impairment
The legal intoxication limit is much lower for truck drivers, and they can be charged with DUI for having a BAC of just .04%. Despite the fact that their vehicles can cause far more damage in a collision, some truckers still choose to drink and drive. Substance abuse has also become very common among truckers because of the pressure to stay awake for long periods of time and the isolation and monotony of the job.

Improper Maintenance/Equipment Problems
The FMCSA has strict guidelines for the maintenance and upkeep of commercial trucks and their shipping equipment. However, many trucking companies fail to impose these standards or cut corners on proper maintenance in order to save money. Faulty equipment and improper use of equipment, such as incorrectly securing a load, can cause very serious accidents.

Unsafe Driving
The weight of commercial trucks makes it very difficult for truckers to slow down or stop abruptly if they are traveling at a high speed. Additionally, the large containers raise the center of gravity on trucks and can cause rollovers if they take turns too fast. Collisions can also occur when truckers fail to follow proper passing techniques and change lanes without carefully checking blind spots, using their signals, and making sure there is enough room to pass.

If you or a loved one was harmed in an accident caused by a negligent truck driver, you may be able to recover rightful compensation for your injuries and losses under personal injury law. Our family-run Las Vegas law firm proudly represents accident victims in Nevada, and we may be able to help you obtain justice. Visit the Truck Accidents page on our website for more information.

The Crime of Reckless Driving

Under NRS 484B.653, reckless driving is categorized as a criminal offense in Nevada that carries harsh penalties. Reckless driving occurs when a person does any of the following:

• Operates their vehicle in a manner that displays wanton or willful disregard for the safety of the public or property;
• Drives at high speeds in an unauthorized street race on a public highway or street; or
• Organizes an unauthorized street race on a public highway or street.

In many cases, reckless driving is a subjective offense that can be charged for a variety of actions, such as:

• Driving well over the speed limit
• Cutting off another vehicle and causing a collision
• Ignoring an officer’s order to stop the vehicle
• Running traffic lights or signs
• Striking shoulders and medians while driving

Penalties for Reckless Driving

Although it’s common for drivers to get frustrated while on the road, many people do not realize that driving recklessly can result in criminal charges and penalties. If you are convicted of reckless driving in Nevada, you will receive 8 demerit points on your driver’s license, and additional sentencing will be depend upon whether your offense was charged as a misdemeanor or felony.

Misdemeanor Reckless Driving
If your offense did not lead to death or injury, you will be charged with a misdemeanor. Your penalties could include up to 6 months in county jail, possible community service, and/or fines. The fines for reckless driving are determined by whether you have previously been convicted of the offense:

• First offense – fines of $250 to $1,000
• Second offense – fines of $1,000 to $1,500
• Third offense – fines of $1,500 to $2,000

Felony Reckless Driving

If your offense was the proximate cause of substantial injury or death to a victim, you will be charged with a Category B felony. Conviction for a Category B felony is punishable by:

• Incarceration in state prison for a minimum of 1 year to a maximum of 6 years; and
• Fines between $2,000 and $5,000. 

A reckless driving charge could have serious impact upon your driver’s license, your finances, and even your freedom, so don’t risk facing this challenge alone. Get an experienced criminal defense lawyer on your team as soon as possible to ensure that your rights are protected. Talk to our attorneys at De Castroverde Law Group to learn how we can help you fight a reckless driving charge in Las Vegas.

Keeping Teens Safe Behind the Wheel

The freedom that comes with getting a driver’s license is a dream come true for teenagers, but is often a nightmare for their parents. 

Despite frightening statistics that report that teens are four times more likely to be involved in car accidents than older drivers, there are different steps you can take to keep your child safe and help them prevent collisions on the road.

Consider whether your teen is truly ready to drive.

Having a driver’s license carries a great deal of responsibility, and at sixteen years old, some teenagers aren't ready to handle it. If you don’t think your child is ready, wait another year and then reevaluate things. Your teen may not like having to wait, but you will be doing what’s needed to keep them safe.

Make sure your teen gets lots of practice.

After your teen obtains their learner’s permit, it’s important that they get lots of practice time behind the wheel. When they are first learning, take them to an empty parking lot or quiet street so that they can get familiar with the basics of driving. Once they are more comfortable, consider letting your teen drive when you take them to and from school or when you have errands to run. Don’t let your teen take the driver’s license test until you are confident in their driving abilities. The more practice your child gets, the better they will be at making safe choices on the road.

Have your teen sign a driving contract.

It’s important for your teen to understand that driving is a privilege and that they must be responsible in order to keep this privilege. Create a contract that outlines what requirements your child must meet if they want to continue to drive on their own. Depending on your teen, requirements could include such things as maintaining a certain GPA, staying out of trouble at school, regularly completing household chores, and following family rules. Make sure they understand that if they don’t uphold their end of the contract, they will lose their driving privileges for a certain amount of time.

Remove all distractions.

Distracted driving is a factor in almost all accidents involving teenagers. Set ground rules for your child to help them avoid distractions behind the wheel. For their first six months to year of driving, consider restricting stereo use and only allowing your child to only take family members as passengers. And of course, your child should never use their cell phone while driving. Have them set the volume to silent and keep their phone in the glove box to reduce temptation. Get more info on www.distraction.gov.

Set a driving curfew.

Teens often have trouble focusing on driving at night when they are tired and the darkness makes it more difficult to see. An NHTSA study found that driving after 10 p.m. increased accident risk for teens, so set a curfew that your child must meet if they are driving at night.

Have your teen pay a portion or all of their insurance costs.

Any traffic infraction will dramatically increase a teen driver’s insurance rates. Having your child be responsible for part or all of their insurance costs could motivate them to drive safely and obey the speed limit. Conversely, many insurance companies give better rates to teens that maintain good grades in school, which could also motivate your teen to do better in class so that they won’t have to pay as much.

Be a good example.

Even if you haven’t always been a perfect driver in the past, make the choice now to set a good example for your child. Follow all traffic laws, always wear your seatbelt, don’t drive recklessly or aggressively, don’t use your phone, and never drink and drive.

De Castroverde Law Group is a family-run law firm in Las Vegas, NV. Visit www.DeCastroverde.com to learn about their outstanding legal services.

Is Hazing a Crime?

As high school and college students head back to campus, many will seek to join clubs, sports teams, fraternities, and sororities. Unfortunately, the start of a new year inevitably brings reports of hazing at schools across the country. 

While some people think of hazing as a harmless prank or long-held tradition, it is actually a criminal offense in the state of Nevada.

The Legal Definition of Hazing

NRS 200.605 defines hazing as any activity in which someone recklessly or intentionally endangers another person’s physical health as part of initiation into a student organization, athletic team, or academic association at a high school, college, or university within the state of Nevada.

The law states that hazing can include all forms of brutal treatment or physical brutality, including:

• Beating
• Branding
• Whipping
• Forced exercise
• Exposure to the elements
• Forced consumption of liquor, drugs, food, or other substances

Many people argue that the alleged victims consent to this treatment; they are not forced to do it. According to Nevada law, however, a victim is considered to have been forced when being affiliated or initiated into the organization, team, or association is conditional upon whether they participate in the activity.

Hazing Penalties

The charges and possible penalties for hazing in Nevada are contingent on whether the victim sustained substantial injury as a result of the hazing.

Hazing Without Substantial Injury
If the victim was not seriously harmed, the hazing offense will be charged as a misdemeanor, punishable by:

• Fines up to $1,000; and/or
• Incarceration in county jail for a maximum of 6 months.

Hazing With Substantial Injury
If the victim sustained serious injury in the hazing, the offense will be charged as a gross misdemeanor, punishable by:

• Fines up to $2,000; and/or
• Incarceration in county jail for a maximum of 1 year.

Hazing Causing Death
If hazing causes the death of a victim, the perpetrator can be charged with involuntary manslaughter or second degree murder, which are both felony offenses in Nevada. Additionally, the victim’s family could file a wrongful death claim in civil court.

Hazing is a serious criminal offense that requires the representation of an experienced defense firm. If you or your loved one is accused of hazing, don’t wait to speak with a knowledgeable attorney. Get in touch with the team at De Castroverde Law Group in Las Vegas to learn about your defense options.

The Benefits of Hiring a Personal Injury Lawyer

If you or a loved one was recently injured in an accident that was caused by another person, you probably have many questions and are unsure of what you need do. The first step you should take is to contact an experienced attorney who can evaluate your case and help you understand your options under personal injury law.

Hiring an injury lawyer to assist with your claim can be extremely important to the outcome of your case. Having a knowledgeable legal advocate on your side can have numerous benefits, and some of the many reasons to hire a personal injury attorney include:

Knowledge of the Law

Personal injury laws can be confusing and complicated, but your attorney has the knowledge and experience needed to determine your rights under the law and what you are legally entitled to.

Protection from the Insurance Companies

Unfortunately, insurance companies are more concerned with their interests than doing what is best for you. They often offer low-ball settlements to accident victims right away, hoping that the victims will accept the offers without question. When you have an attorney on your side, however, you can be confident that you will not be taken advantage of by the insurance companies.

Investigation

If needed, your attorney can investigate the circumstances that led to your accident and determine who is liable for your injuries and losses.

Negotiation Experience

Your lawyer knows how to skillfully negotiate with insurance companies and other attorneys to make sure that you receive the fair compensation you need.

Courtroom Advocacy

In some situations, personal injury cases cannot be resolved through claims and require a trial in court. Your attorney can present your side of the story to the jury, protect your rights, and advocate for your interests throughout your trial.

Better Settlements

If you work with a lawyer, you will likely receive a much larger settlement than if you try to handle the case on your own. Your lawyer’s focus is on recovering maximum compensation for your injuries, and they have the education, training, and experience needed to accomplish this goal.

Peace of Mind

Going through a legal issue is a lot for anyone to handle on their own, but it’s especially difficult after you have just been injured in a traumatic accident. Your attorney can handle the paperwork, communication with insurance companies, and other aspects of the case while you focus on your recovery and family.

If you have been injured in the Las Vegas area and would like to learn how an attorney can help you achieve the best possible results, get in touch with our dedicated personal injury team at De Castroverde Law Group today!

Driver’s License Suspension in Nevada

The Nevada DMV has the ability to suspend or revoke an individual’s license if they commit certain driving offenses or are convicted of certain crimes. The amount of time that the driver’s license is suspended will depend upon the specific offense and their driving record.

Losing your driver’s license for any amount of time will seriously impact your ability to get to work, take care of your family, and your insurance rates. In light of these consequences, it’s important to discuss your options with a lawyer right away so that you can fight a possible license suspension.

When is a driver’s license suspended?

The Nevada DMV will suspend or revoke your driving privileges if you commit certain offenses. Common types of suspensions include:

• Point Suspension – you accumulate 12 or more demerit points on your driving record within a 12-month period.
• DUI – you are convicted of driving under the influence of alcohol or drugs; or breath, blood or urine tests show that you were driving under the influence.
• Street Racing – you were involved in an illegal speed contest on a public highway or road.
• Collision with a Pedestrian or Bicyclist – you caused an accident involving a pedestrian or bicyclist.
• Failure to Appear – you don’t pay the fine for a traffic ticket on time or do not appear in court when required.
• Failure to Maintain Auto Insurance – you are convicted of failing to maintain insurance, you have repeatedly failed to have vehicle liability coverage, or you failed to maintain SR-22 insurance after having your license previously suspended or revoked.
• Failure to Properly Secure a Child – you are cited and convicted three or more times of failing to correctly restrain a child in your vehicle.
• Child Support – you are in arrears for payments for court-ordered child support.
• Graffiti – you are convicted of committing a graffiti offense.
• Drugs and Alcohol – you are a minor and are found guilty of possessing, using, distributing, or selling drugs; or you are found guilty of possessing, drinking, or buying alcohol.

If the Nevada DMV suspends your license, you will be notified of the length of time of your suspension by law enforcement or by certified mail. You will also be notified of whether or not you are entitled to an administrative hearing. To learn more about driver’s license suspensions and revocations, visit the DMV’swebsite.

If you are at risk of having your license suspended in the Las Vegas area, don’t wait to enlist the help of our experienced defense attorneys at De Castroverde Law Group. Contact our team today to discuss your charges and to learn about your possible defense options. 

Thunderstorms & Lightning: What You Should Do

Tragedy occurred in Southern California last week when lightning struck at Venice Beach, killing a young man and injuring thirteen others. Although reports of people being struck by lightning may be rare, it’s important to understand the dangers of thunderstorms. 

Keep reading to learn how you can protect yourself from lightning!

Storm Safety Indoors

Despite the shelter provided by homes and other buildings, you could still be in danger during a thunderstorm. You can help keep your family safe by following these guidelines:

Avoid water.
Lightning can travel through the plumbing, so during a storm do not wash dishes or laundry, bathe, shower, or use any of your faucets.

Stay away from windows and doors.
Avoid going near any openings, as they provide less protection from lightning. Close all blinds, curtains, shutters, and shades.

Stay away from concrete.
Avoid concrete floors and do not lean on concrete walls during a thunderstorm, because lightning can pass through the metal bars and wires inside of the concrete.

Don’t use corded phones.
Because lightning can pass through an outlet and into a corded phone, you should only use a cellphone or cordless phone during a storm.

Avoid appliances and electronics.
Lightning can pass through anything that is connected to an electrical outlet, so stay away from computers, gaming systems, stoves, washers, dryers, and anything else that is plugged into the wall. You should also consider buying whole-house surge protectors to protect your electronics and appliances in the event of a power surge.

Storm Safety Outdoors

If you hear thunder while you are outdoors, immediately head for a safe and enclosed shelter, such as a home, office, shopping center, store, or hard-top vehicle. If you are unable to get inside, follow these steps to help avoid being struck by lightning:

Immediately get off any elevated area.
If you are on a hill, mountain ridge or peak, or in a tree, get to lower ground as soon as possible.

Get out of the water immediately.
Water is a strong conductor of electricity, so if you hear thunder while in an ocean, lake, pond, or pool, get on land as soon as possible.

Do not lie down on the ground.
A lightning strike causes currents to pass along the ground’s surface, and you could be seriously hurt if you are lying down. Instead, crouch down with your knees and feet together, tuck your head, and place your hands over your ears. This will make you the smallest possible target while also minimizing your contact with the ground.

Stay away from natural lightning rods.
Don’t seek shelter under isolated trees, sheds, or small structures in open areas. Instead, try to find lower ground, such as a valley or ravine.

Avoid proximity to others.
If you are in a group, everyone should separate and stay at least fifteen feet apart. This space will help reduce the number of injuries if lightning hits the ground.

Stay away from anything made of metal.
Metal is a powerful conductor of electricity, so stay far away from bikes, motorcycles, metal fences, golf clubs and carts, farm equipment, and construction equipment.

Storm Safety in Vehicles

A hard-top vehicle can help protect you during a thunderstorm. If you are driving, safely pull to the side of the road, shut off your engine, and turn on your hazard lights. Then do the following:

• Keep your windows rolled up
• Keep your hands folded in your lap
• Avoid touching anything metal in the vehicle
• Do not touch the steering wheel, pedals, or radio
• Do not talk on your cell phone, especially if it’s plugged in
• Stay on the side of the road with your car off until the storm passes

Although the tips above can help you avoid being struck by lightning, the best way to protect yourself is to pay attention to the weather forecast for your area and be prepared if a thunderstorm is coming your way. If a storm does pass through your area, continue to shelter for at least thirty minutes after the last sound of thunder.

De Castroverde Law Group is a family-run law firm that represents injury and accident victims in the Las Vegas area.

Prevent Dog Bites

Dogs earned their title of “Man’s Best Friend” because of their loyal and loving nature, but it’s important to remember that dogs are powerful animals that can cause serious injuries. The CDC reports that approximately 4.5 million Americans suffer dog bites each year, and nearly half of these victims are children.

There are few things kids love more than dogs, and because children are naturally curious and trusting, they often do not realize when dogs are showing signs of agitation or aggression.  Because of this, it is important to never leave your kids alone with a dog, even your own pet. There are also a number of safety tips you can teach your children to help avoid dog attacks.

Read our tips below to learn how to protect your children, what to do if you come across an aggressive dog, and how to prevent your dog from attacking others.

Dog Safety Tips to Teach Your Children

• Never approach dogs you do not know
• Never play with a dog unless you are with an adult
• Never scream or run away from a dog
• Avoid making direct eye contact with a dog
• Never approach a dog that is growling or seems scared
• Never pet a dog without first asking the owner for permission
• Do not pet a dog unless it has seen and sniffed you first
• Always be gentle when touching dogs
• Never tease dogs, instead treat them nicely
• If an unfamiliar dog approaches you, keep your arms at your sides and stay still
• If a dog knocks you over, roll into a ball and stay still
• If you see a dog wandering around or acting strange, tell an adult
• Do not touch or bother a dog that is eating, sleeping, or taking care of puppies
• If a dog bites you, tell an adult right away

What to Do When You Think a Dog May Attack

• Stay quiet and stay where you are
• Put your hands at your side, avoid eye contact with the dog, and don’t move
• If the dog knocks you down or you fall, curl into a ball with your hands over your head and stay still
• If the dog attacks, try to put your purse, backpack, jacket, bike, or anything else you have between yourself and the dog
• When the dog loses interest in you, slowly back away until the dog is out of sight.

Prevent Your Dog from Attacking

• Never leave your children alone with your dog. Kids don’t always understand that pulling a dog’s tail or ears, poking or climbing on a dog, or trying to take a dog’s food or toy can make it agitated and aggressive.
• Spay or neuter your dog. Getting your dog fixed can help reduce its natural aggression.
• Properly train your dog. No matter the breed or size of your dog, it is very important that it learns proper submissive behaviors and that any bad or aggressive behaviors are correctly addressed. If you are unable to train your dog yourself, hire a reputable trainer.
• Don’t play aggressive games. Playing tug-of-war or wrestling with your dog can inadvertently teach aggressive behaviors and make the dog more protective of its toys.
• Socialize your dog. It is important for dogs to spend time around other dogs and people from a young age so that they can get used to different situations. If the dog acts aggressively or exhibits bad behavior around other animals or people, correct the behavior right away.
• Keep your dog’s personality in mind. No one knows your dog better than you. If your dog gets anxious around children, don’t take it to parks, don’t walk past schools, and don’t leave it in the front yard where kids could stick their hands through the fence.  If your dog is aggressive toward other people or panics around new people, leave it at home when you go to crowded places.

De Castroverde Law Group is a Las Vegas-based law firm that helps accident victims seek justice and recover fair compensation for their injuries. If you or a loved one was attacked by a dog, get in touch with our team to learn about your options.